25-3906. Vacancies in candidacies occurring after filing deadline and prior to primary; how filled; when applicable to vacancy in office.
25-3906
25-3906. Vacancies in candidacies occurring after filing deadlineand prior to primary; how filled; when applicable to vacancy in office.(a) When a vacancy in a party candidacy for any national, state,district or county elective office occurs under the circumstancesspecified in this section, such vacancy shall be filled by the partycommittee of the congressional district, county or state, as the casemay be, except that if such vacancy is in a party candidacy for adistrict office or for the office of member of the state board ofeducation, it shall be filled by district convention held as provided inK.S.A. 25-3904 and amendments thereto, or as provided in K.S.A.25-3904a and amendments thereto,and except as otherwise provided in subsection (d) and (e). Suchconvention shall be called within 10 days of notice that a vacancy hasoccurred or will occur.
(b) This section shall apply to any vacancy in a party candidacywhich occurs after the closing time for filing to be a candidatespecified in K.S.A. 25-205 and amendments thereto and prior to or on theday of the primaryelection, if such occurrence results in a political party not having aprimary candidate for such office.
(c) This section shall apply when a vacancy occurs in an office,and it is provided by law that such vacancy shall be filled byappointment until the next general election at which time a person is tobe elected to fill the unexpired term, or words of like effect, and suchvacancy occurs during the period specified in subsection (b).
(d) When a vacancy occurs during the period specified insubsection (b) in a party candidacy for governor or lieutenant governor,and the occurrence results in a political party not having a pair ofprimary candidates for governor and lieutenant governor, a vacancy shallthereby also occur for the other of such two offices. Such vacanciesshall be filled by a state party delegate convention. The conventionshall be called by the state party chairperson. The delegates to theconvention shall be the state party committee members, and the officersof the convention shall be the officers of the state party committee. Atsuch convention the vote to fill such vacancies shall be taken such thateach convention vote shall be for a candidate for governor andlieutenant governor running together. If the initial vacancy that hasoccurred is for the office of lieutenant governor, the person who is thecandidate for governor of such pair of candidates shall be the onlygovernor candidate at such convention.
(e) When there is more than one pair of candidates for governorand lieutenant governor of the same party, and a vacancy occurs duringthe period specified in subsection (b) in a candidacy for lieutenantgovernor of such party, and the occurrence results in a governorcandidate not having a lieutenant governor candidate, such vacancy shallbe filled by the candidate for governor of such pair of candidatesdesignating a candidate for lieutenant governor to be the runningmate.
History: L. 1972, ch. 131, § 6; L. 1973, ch. 153, § 25;L. 1975, ch. 216, § 8;L. 1990, ch. 130, § 9; July 1.