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19-3419. Counties with a population of more than 125,000; appointment of election commissioner, term, removal; search committee for filling vacancies; qualifications, oath. In counties of this state having a population exceeding 125,000, as certified to the secretary of state by the director of the division of the budget on the previous July 1 in accordance with K.S.A. 11-201, and amendments thereto, or as otherwise determined pursuant to K.S.A. 11-202, and amendments thereto, there shall be an office of commissioner of elections that shall be administered by an election commissioner. The election commissioner shall be appointed by the secretary of state and shall hold office for a term of four years and until a successor is appointed and qualified. The secretary, in consultation with the chairperson of the board of county commissioners for the county where an election commissioner is to be appointed, shall form a search committee to identify, interview and recommend to the secretary at least three candidates for the position of election commissioner. Such search committee shall include the chairperson of the board of county commissioners for such county, or a county commissioner for such county as designated by the chairperson, a representative of such county's human resources department and three representatives of the secretary of state's office. The secretary of state may remove the election commissioner for official misconduct. Upon occurrence of a vacancy in the office of county election commissioner, the secretary of state shall appoint a successor. If the vacancy occurs before the expiration of a term of office, the appointment shall be for the unexpired term. Such election commissioner shall have been a resident of the state at least two years prior to appointment. Within 10 days after receiving official notice of the appointment and before entering upon the duties of the office, the election commissioner shall take, subscribe and cause to be filed in the office of the secretary of state an oath of office for the faithful discharge of official duties. The election commissioner shall be a resident of the county on the day such election commissioner files the oath of office.

History: L. 1947, ch. 203, § 1; L. 1949, ch. 207, § 1; L. 1951, ch. 274, § 12; L. 1953, ch. 157, § 1; L. 1955, ch. 169, § 1; L. 1957, ch. 191, § 1; L. 1959, ch. 187, § 15; L. 1961, ch. 213, § 1; L. 1963, ch. 238, § 1; L. 1965, ch. 181, § 1; L. 1969, ch. 159, § 1; L. 1982, ch. 347, § 13; L. 2023, ch. 79, § 11; July 1.

Attorney General's Opinions:

Elections; liability for injuries to voters. 79-268.

Registration of voters; appointment of deputy county election officials. 80-85.

Election commissioners; authority to establish precinct boundaries. 83-46.

County election officer is not precluded from serving as officer of a political party. 93-63.

Disorderly election conduct; advisory elections; assistance of county election officer; home rule. 94-106.

CASE ANNOTATIONS

1. Act construed with K.S.A. 80-1701; certain third-class city residents entitled to registration. Patterson v. Justus, 173 Kan. 208, 210, 245 P.2d 968.

2. Inapplicable to sewer district bond elections held under K.S.A. 19-2787 et seq. Bishop v. Sewer District No. 1, 184 Kan. 376, 378, 381, 336 P.2d 815.


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