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25-3801. Precinct committeemen and committeewomen; eligibility for office or candidacy; filling vacancies; contact information. (a) At each primary election, the members of the party residing in each precinct in each county of the state shall elect a man from such members as precinct committeeman and a woman from such members as precinct committeewoman. No person shall be eligible to file a declaration of intention to be a candidate for, to be a candidate for or hold the office of precinct committeeman or precinct committeewoman of a party in any precinct unless the person actually resides in such precinct, is a qualified elector and is a member of such party on the party affiliation list maintained in the office of the county election officer. Each precinct committeeman and committeewoman shall assume the duties of precinct committeeman and committeewoman on the day after the primary election and shall not be required to take an oath under K.S.A. 54-106, and amendments thereto.

(b) Except as provided in subsection (c), any vacancy occurring in the office of precinct committeeman or committeewoman shall be filled by appointment by the county chairperson for any vacancy that occurs because the party had no candidate at the primary election shall not be filled until the county central committee has elected or reelected its chairperson. Not later than three days after appointment of precinct committeemen and committeewomen, the county chairperson making the appointments shall notify the county election officer of such appointments and include the name, address, email address, if available, and a phone number or phone numbers, including a mobile phone number, if available, of each appointee in such notification. The county election officer shall make such appointments public immediately upon receipt thereof.

(c) (1) When a convention is to be held under article 39 of chapter 25 of Kansas Statutes Annotated, and amendments thereto, to fill a vacancy, no appointments shall be made under subsection (a):

(A) After the county chairperson has received notice from the county election officer of a vacancy or a pending vacancy in a county elected office; or

(B) after the county chairperson in each county, all or a part of which, is located within a legislative district has received notice from the secretary of state of a vacancy or a pending vacancy in a legislative office.

(2) After the vacancy has been filled by a person elected at a convention held under article 39 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, any vacancy in the office of precinct committeeman or committeewoman shall be filled as provided by subsection (a).

(d) If a precinct committeeman or committeewoman is elected as a write-in candidate, the county clerk shall request from the appropriate county chairperson the name, address, email address, if available, and a phone number or phone numbers, including a mobile phone number, if available, of such elected precinct committeeman or committeewoman.

(e) Each precinct committeeman and committeewoman shall report any changes in such person's name, address, email address and phone numbers to the county election officer not later than 10 days after such change.

(f) The county election officer shall send to the secretary of state within seven days after each primary election in even-numbered years a list of who holds the office of precinct committeeman or committeewoman along with the name, address, phone number and email address, if available, of each such person. The county officer shall report all updates of such information at the time such updates are received to the secretary of state. The secretary of state shall keep an updated list of all precinct committeepersons, including their names, addresses, phone numbers and their email addresses, if available.

(g) As used in this section, "primary election" means the election held on the first Tuesday in August of even-numbered years.

History: L. 1972, ch. 129, § 1; L. 1990, ch. 130, § 3; L. 1999, ch. 64, § 1; L. 2001, ch. 81, § 8; L. 2023, ch. 79, § 55; July 1.

Attorney General's Opinions:

Precinct boundary changes; offices of precinct committeewomen and committeemen. 89-40.

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

Restriction on filling of vacancies in offices of precinct committeemen and committeewomen of political parties; constitutionality. 1999-1.


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