HB 2733

                             HOUSE BILL No. 2733
AN ACT concerning state elected officials and certain local government elected officials;
   requiring that such elected officials be and remain residents of the state and such
   official's respective district; amending K.S.A. 22a-102, 25-101a, 25-2020, 40-109,
   71-1414 and 80-202 and K.S.A. 2025 Supp. 25-1903 and repealing the existing
   sections.
Be it enacted by the Legislature of the State of Kansas:
    Section 1. K.S.A. 22a-102 is hereby amended to read as follows:
22a-102. No person shall be eligible for nomination to the office of
district attorney unless such person shall have been regularly admitted
to practice law in the state of Kansas for five years next preceding his
nomination for such office. An attorney who shall have been a county
attorney, assistant county attorney or assistant district attorney for the
three years immediately preceding nomination as district attorney shall
be eligible for nomination. A person so qualified may become a
candidate for election to the office of district attorney by either one of
the following methods:
    (a) Any person who is a qualified elector of any judicial district in
which a district attorney is to be elected and who is otherwise qualified
under this act may petition to be a candidate for district attorney of such
judicial district by filing in the office of the secretary of state a petition
for candidacy, signed by not less than 5% of the qualified electors of
such judicial district who voted for the office of secretary of state at the
last preceding general election; or
    (b) Any person who is a qualified elector of any judicial district in
which a district attorney is to be elected and who is otherwise qualified
under this act may become a candidate for district attorney of such
judicial district by filing in the office of the secretary of state a
declaration of intent to be such a candidate and payment therewith of a
filing fee in an amount equal to 1% of the annual salary for such office.
    (c) Any such petition or declaration of intent filed by a candidate
to run in the primary election held in accordance with K.S.A. 25-203,
and amendments thereto, shall be filed no later than 12 noon 12:00
p.m., on the date described in K.S.A. 25-205(a), and amendments
thereto. Any such petition or declaration of intent filed by an
independent candidate for the office of district attorney shall be filed no
later than 12 noon 12:00 p.m. on the Monday preceding the date fixed
for the holding of primary elections in accordance with K.S.A. 25-203,
and amendments thereto. All laws applicable to the election of other
state officers shall apply to elections of district attorneys to the extent
the same are not in conflict with this act.
    (d) Any person who is a candidate for nomination or election to
the office of district attorney, at the time of election or appointment,
and during the term of office, shall be and must remain a qualified
elector who resides in the judicial district. Failure to remain a
qualified elector residing in the judicial district shall constitute an
immediate vacancy in the candidacy or office.
    Sec. 2. K.S.A. 25-101a is hereby amended to read as follows: 25-
101a. (a) On the Tuesday succeeding the first Monday in November in
1978, and each four years thereafter, there shall be elected a governor
and lieutenant governor running together, a secretary of state, an
attorney general, a state treasurer and a state commissioner of
insurance.
    (b) Every candidate for the office of secretary of state, attorney
general, state treasurer or state commissioner of insurance shall be a
qualified elector of the state of Kansas by the deadline for filing for
such office as provided in K.S.A. 25-205, and amendments thereto.
    (c) Every candidate for the office of governor and lieutenant
governor shall be a qualified elector and shall be 25 years of age or
older by the deadline for filing for such office as provided in K.S.A.
25-205, and amendments thereto.
    (d) Every candidate for the office of attorney general must be
licensed to practice law within the state of Kansas.
    (e) Any person who is a candidate for nomination or election to
the office of governor, lieutenant governor, secretary of state, attorney
general, state treasurer or state commissioner of insurance, at the time
                    HOUSE BILL No. 2733—page 2
of election or appointment, and during the term of such office, shall be
and must remain a qualified elector who resides in the state of Kansas.
Failure to remain a qualified elector residing in Kansas shall constitute
an immediate vacancy in the candidacy or office.
    Sec. 3. K.S.A. 2025 Supp. 25-1903 is hereby amended to read as
follows: 25-1903. (a) A person may become a candidate for election to
the office of state board member by either one of the methods provided
in this section.
    (1) Any person who is an elector of any board member district
may petition to be a candidate for member of the state board from the
board member district in which such person resides. Any such person
shall file with the secretary of state a petition for the candidacy of such
person signed by not less fewer than 200 electors residing in such board
member district.
    (2) Any person who is an elector of any board member district
may become a candidate for member of the state board from the board
member district in which such candidate resides by filing in the office
of the secretary of state a declaration of intent to be such a candidate
and payment of a filing fee in the amount of $25.
    (b) Any such petition or declaration of intention filed by a
candidate to run in the primary election held in accordance with K.S.A.
25-203, and amendments thereto, shall be filed no later than 12:00 noon
p.m., June 1, prior to such primary election, or if such date falls on
Saturday, Sunday or a holiday, then before 12:00 noon p.m. of the next
following day that is not a Saturday, Sunday or a holiday. Any such
petition or declaration of intention filed by an independent candidate
for the office of state board member shall be filed no later than 12:00
noon p.m. on the Monday preceding the date fixed for the holding of
primary elections in accordance with K.S.A. 25-203, and amendments
thereto.
    (c) Any person who is a candidate for nomination or election to
the office of state board of education, at the time of election or
appointment, and during the term of office, shall be and must remain a
qualified elector who resides in the state board of education district.
Failure to remain a qualified elector residing in the state board of
education district shall constitute an immediate vacancy in the
candidacy or office.
    Sec. 4. K.S.A. 25-2020 is hereby amended to read as follows: 25-
2020. (a) When a district method of election is in effect in any school
district, a person may become a candidate for election to board member
by any one of the following methods:
    (1) Any person who is an elector in any member district may
petition to be a candidate for board member from the member district in
which such person resides. Any such person shall file with the county
election officer, a petition for such candidacy signed by not less fewer
than 50 electors residing in such member district or by a number of
such electors equal to not less than 10% of the electors residing in such
member district, whichever is less.
    (2) Any person who is an elector in any school district may
petition to be a candidate for board member at-large from the school
district in which such person resides. Any such person shall file with
the county election officer, a petition for such candidacy signed by not
less fewer than 50 electors residing in such school district.
    (3) Any person who is an elector in any member district may
become a candidate for board member from the member district in
which such person resides by filing with the county election officer a
declaration of intention to become such a candidate, and payment
therewith of a filing fee in the amount of $20. Such declaration shall be
prescribed by the secretary of state.
    (4) Any person who is an elector in any school district may
become a candidate for board member at-large from the school district
in which such person resides by filing with the county election officer a
declaration of intention to become such a candidate, and payment
therewith of a filing fee in the amount of $20. Such declaration shall be
                    HOUSE BILL No. 2733—page 3
prescribed by the secretary of state.
    (5) Any such petition or declaration shall specify the member
position for which the person is a candidate.
    (b) When the election at large method is in effect in any school
district, a person may become a candidate for election to board member
by either one of the following methods:
    (1) Any person who is an elector of the school district may
petition to be a candidate for board member. Any such person shall file
with the county election officer a petition for such candidacy signed by
not less fewer than 50 electors residing in the school district.
    (2) Any person who is an elector in the unified school district may
become a candidate for board member by filing with the county
election officer a declaration of intention to become such a candidate,
and payment therewith of a filing fee in the amount of $20. Such
declaration shall be prescribed by the secretary of state.
    (3) Any such petition or declaration which is for an unexpired
term of a member shall so specify.
    (c) Any such petition or declaration of intent must be filed before
the filing deadline as prescribed in K.S.A. 25-205, and amendments
thereto. No candidate shall be permitted to withdraw from candidacy
after the filing deadline.
    (d) Within three days from the date of the filing of a nomination
petition or a declaration of intention to become a candidate for board
member, the county election officer shall determine the validity of such
petition or declaration.
    (e) If a nomination petition or declaration is found to be invalid,
the county election officer shall notify the candidate on whose behalf
the petition or declaration was filed that such nomination petition or
declaration has been found to be invalid and the reason for the finding.
Such candidate may make objection to the finding of invalidity by the
county election officer in accordance with K.S.A. 25-308, and
amendments thereto.
    (f) Any person who is a candidate for nomination or election to
the office of school board member, at the time of election or
appointment, and during the term of office, shall be and must remain a
qualified elector who resides in the member or at-large district. Failure
to remain a qualified elector residing in the member or at-large district
shall constitute an immediate vacancy in the candidacy or office.
    Sec. 5. K.S.A. 40-109 is hereby amended to read as follows: 40-
109. (a) The commissioner of insurance shall be an elector of this state,
and shall be a person well versed and experienced in the business of
insurance and matters relating thereto; and he shall give his personal
presence and attention to the duties of his office; but in no case shall
such commissioner of insurance be in the employment of any insurance
company or have any official connection with any insurance company,
or any financial interest in any insurance company other than as a
policyholder.
    (b) Any person who is a candidate for nomination or election to
the office of commissioner of insurance, at the time of election or
appointment, and during the term of such office, shall be and must
remain a qualified elector who resides in the state of Kansas. Failure to
remain a qualified elector residing in Kansas shall constitute an
immediate vacancy in the candidacy or office.
    Sec. 6. K.S.A. 71-1414 is hereby amended to read as follows: 71-
1414. (a) (1) In college districts where a district method of election is in
effect, a person may become a candidate for election to trustee of a
community college by any one of the following methods:
    (A) Any person who is an elector of any member district may
petition to be a candidate for member from the member district in
which such person resides. Any such person shall file with the election
officer a petition for such person's candidacy signed by not less fewer
than 50 electors residing in such person's member district.
    (B) Any person who is an elector of any member district may
become a candidate for member from the member district in which
                    HOUSE BILL No. 2733—page 4
such person resides by filing with the election officer a declaration of
intent to be such a candidate, and payment therewith of a filing fee in
the amount of $20.
    (C) If a community college adopts and implements a seven
member board of trustees plan, any person who is an elector of the
college district may petition to be a candidate for the at-large member
position. Any such person shall file with the county election officer a
petition for such candidacy signed by not less fewer than 50 electors
residing in such college district.
    (D) If a community college adopts and implements a seven
member board of trustees plan, any person who is an elector of the
college district may become a candidate for the at-large member
position by filing with the county election officer a declaration of intent
to be such a candidate, and payment therewith of a filing fee in the
amount of $20.
    (2) Every petition or declaration of intent filed under this
subsection must specify the member position for which the person is a
candidate.
    (b) In college districts where the election-at-large method of
election is in effect, a person may become a candidate for election to
trustee of a community college by either one of the following methods:
    (1) Any person who is an elector of the college district may
petition to be a candidate for trustee. Any such person shall file with the
election officer a petition for such person's candidacy signed by not less
fewer than 50 electors residing in the college district.
    (2) Any person who is an elector of the college district may
become a candidate for trustee by filing with the election officer a
declaration of intent to be such a candidate, and payment therewith of a
filing fee in the amount of $20.
    (c) Every petition or declaration of intent filed under this section
must be filed on or before 12 noon 12:00 p.m. on June 1 of each odd-
numbered year as provided in K.S.A. 25-205 and 25-21a03, and
amendments thereto, and K.S.A. 25-205, and amendments thereto.
    (d) Any person who is a candidate for nomination or election to
the office of community college trustee, at the time of election or
appointment, and during the term of office, shall be and must remain a
qualified elector who resides in the member or at-large district. Failure
to remain a qualified elector residing in the member or at-large district
shall constitute an immediate vacancy in the candidacy or office.
    Sec. 7. K.S.A. 80-202 is hereby amended to read as follows: 80-
202. (a) Every person elected to the office of trustee, clerk or treasurer
of any township, or road overseer of any road district, shall be an
elector of the township or road district at the time of such election or
appointment, and shall take and subscribe the oath of office prescribed
by law. The oath shall be filed in the office of the county clerk. In the
event any such officer shall become a nonresident of the township or
road district, the office shall become vacant.
    (b) Any person who is a candidate for nomination or election to
the office of trustee, clerk or treasurer of any township, or road
overseer of any road district, at the time of election or appointment,
and during the term of office, shall be and must remain a qualified
elector who resides in the township or road district. Failure to remain
a qualified elector residing in the township or road district shall
constitute an immediate vacancy in the candidacy or office.
                           HOUSE BILL No. 2733—page 5
   Sec. 8. K.S.A. 22a-102, 25-101a, 25-2020, 40-109, 71-1414 and
80-202 and K.S.A. 2025 Supp. 25-1903 are hereby repealed.
   Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
                                                                                     Speaker of the House.
                                                                                Chief Clerk of the House.
Passed the SENATE  ______________________________________________________________________________
                                                                                   President of the Senate.
                                                                                   Secretary of the Senate.
APPROVED   __________________________________________________________________________________________________
                                                                                                       Governor.