Printable Format19-504. Vacancy in office of county treasurer, how filled. In case the office of county treasurer shall become vacant, there shall be appointed a successor to perform the duties of such treasurer, and the person so appointed, upon giving bond, with the like sureties and conditions as that required in county treasurer's bonds, and in such sum as the board of county commissioners shall direct, shall be invested with all the duties of such treasurer. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualifies. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualifies at the next general election to serve the remainder of the unexpired term. Nomination and election of such successor shall be in the same manner as nomination and election of a county treasurer for a regular term. Appointments hereunder shall be made in the manner provided by law for filling vacancies in the office of member of the house of representatives.
History: G.S. 1868, ch. 25, § 64; R.S. 1923, 19-504; L. 1963, ch. 160, § 2; L. 1973, ch. 102, § 3; L. 1986, ch. 100, § 2; L. 1997, ch. 47, § 1; July 1.
Attorney General's Opinions:
County treasurer; appointment to fill vacancy in office. 80-265.
County treasurer; term of person appointed to fill vacancy in office. 81-128.
CASE ANNOTATIONS
1. Appointee to fill vacancy entitled to salary. Rossel v. Greenwood County, 9 Kan. App. 638, 58 P. 1020.
2. Duly elected and qualified officer entitled to office. The State, ex rel., v. Conn, 14 Kan. 217.
3. Cannot hold office of county treasurer more than two consecutive terms. Adkinson v. Noonan, 110 Kan. 335, 203 P. 694.
4. Section cited in determining election to fill vacancy in treasurer's office. State, ex rel., v. Lutz, 116 Kan. 621, 227 P. 334.
5. In filling vacancy in elected office, phrase "of the party" means political party to which officeholder belonged at time of preceding general election. Wilson v. Sebelius, 276 Kan. 87, 72 P.3d 553 (2003).