25-3904. Procedure for filling vacancy in candidacy for district office; district convention; certificate to secretary of state or county election officer.
25-3904
25-3904. Procedure for filling vacancy in candidacy for districtoffice; district convention; certificate to secretary of state or countyelection officer.(a) When a district conventionis provided by law to be held to elect a person to fill a vacancy in a partycandidacy for a district office, the county chairperson designated insubsection (b) or (c), within 21 days of the receipt of the notice that thevacancy has occurred or will occur shall call and convene a convention ofall committeemenand committeewomen of the political party from the precincts in such district.If such county chairperson is absent or for any reason is unable to call, orrefuses to call such convention, then the corresponding county vice-chairpersonshall call the convention and perform the other duties under this sectionrequired of such chairperson.
(b) If the district lies within a single county, the county chairpersonof such county shall call the convention by mailing a notice at least sevendays before the date of the convention to the committeemen and committeewomenin such county who are entitled to vote at such convention pursuant tosubsection (e).
(c) If all or part of more than one county lies within the district, thecounty chairperson of the countyin which the greatest number of qualified voters of the district resideshall call the convention by mailing a notice of such convention to eachcounty chairperson of the partyin each such county, at least 10 days before the date of the convention.Such convention shall be held at a location within the district selected bythe chairperson calling the convention.Such county chairpersons shall, within three days after receipt of suchnotice, mail notice of such convention to the committeemen and committeewomenin their counties who are entitled to vote at such convention pursuant tosubsection (e).
(d) The notice of such convention shall state: (1) The place where theconvention is to be held; (2) the time when the convention will convene; and(3) the purpose for which the convention is to be held.
(e) At the time and place fixed for holding the convention, the countychairperson who called the convention shall act as temporary chairperson andshall call the convention to order. One-third of the eligible members of theconvention shall constitute a quorum for such election. In the event a quorumis not present at the time and place that such convention is called, themembers present shall adjourn the convention to a day and time certain, whichshall not be later than 14 days after such adjournment of such convention, andprovide for notification of the time and place of such adjourned convention tobe given to the eligible members not present. The convention shall organize byelecting a permanent chairperson and such other officers as necessary. Afterthe convention is organized, it shall elect a person to fill such vacancy inthe party candidacy. Such election shall be by secret ballot and the personelected shall be the one who receives the majority of all the votes cast. If noperson receives a majority of all votes cast on any ballot, the balloting shallcontinue until some person receives a majority of all the votes cast. Eachcommitteeman and committeewoman of the party of the precincts in such districtshall be entitled to vote. Except as provided in subsection (f), noprecinct committeeman or committeewoman shall berepresented or shall vote by proxy. The convention may adopt rules as necessaryto govern its procedure in making nominations, voting, counting and canvassingvotes and for the conduct of any business which may properly be brought beforethe convention, but such rules shall not be in conflict with the provisions ofthis section.
(f) (1) A precinct committeeman or committeewoman may vote by proxy at aconvention called pursuant to this sectionwhenever such precinct committeeman or committeewoman is unable to attend theconvention and cast such precinct committeeman's or committeewoman's ballot.
(2) A precinct committeeman or committeewomanmay designate another precinct committeeman orcommitteewoman to cast such precinct committeeman's or precinctcommitteewoman's ballot at such convention by proxy.Any proxy authorized by this subsection shall:
(A) Designate the precinct committeeman or committeewoman who shall cast theprecinct committeeman's or precinct committeewoman's vote by proxy;
(B) be signed by the precinct committeeman or precinct committeewomanauthorizing the proxy; and
(C) contain an acknowledgment of such precinct committeeman's or precinctcommitteewoman's signature which complieswith K.S.A. 53-509 and amendments thereto.
(g) After a person has been elected to fill a vacancy in aparty candidacyfor a district office, the chairperson or vice-chairperson of the conventionshall execute a certificate, under oath, stating that such person has been dulyelected to fill such vacancy and shall transmit such certificate to thesecretary of state or appropriate county election officer.
History: L. 1972, ch. 131, § 4; L. 1975, ch. 216, § 5; L. 1990,ch. 130, § 6; L. 1992, ch. 237, § 8;L. 1995, ch. 192, § 12;L. 2004, ch. 93, § 11; July 1.