25-312.
Vacancies in state and county offices, how filled.
All vacancies in any elective state or county office, unless otherwise provided for by law, shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election. When any elected office is provided by law to be filled by appointment by the governor of a person selected by a party district convention, and the immediately past incumbent of such office was an independent without political party affiliation, the vacancy shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election. If any vacancy shall occur in any state office which is to be abolished, the appointment to fill such vacancy shall extend until the date of such abolition and only until such date.
History:
G.S. 1868, ch. 36, § 57; R.S. 1923, 25-312; L. 1941, ch. 226, § 2; L. 1959, ch. 174, § 1; L. 1968, ch. 406, § 98; L. 1972, ch. 131, § 7; L. 1979, ch. 107, § 1; July 1.
Notes of Decisions
Cited in
4
cases, 1928–2003 · leading case:
Moore v. Smith, 160 P.2d 675 (Kan. 1945).
Moore v. Smith, 160 P.2d 675 (Kan. 1945).
· cites it 8× “The first is section 25-312, G. S. 1943 Supp., which provides: “All -vacancies in any state or county office, and in the supreme or district courts, unless otherwise provided for by law, shall be filled by appointment from the governor, until the next general election after such…”
Wilson v. Sebelius, 72 P.3d 553 (Kan. 2003).
“Petitioners request the court, if it determines the statutes to be unconstitutional, to direct the Governor to appoint a treasurer for Shawnee County pursuant to K.S.A. 25-312. Petitioners request the court, if it determines the statutes to be constitutional, to direct the…”
Forrest v. Ryan, 268 P. 101 (Kan. 1928).
· cites it 2× “) What has the legislature said about filling vacancies in the office of judge of the district court? Section 25-312 of the Revised Statutes reads: “All vacancies in any state or county office, and in the supreme or district courts, unless otherwise provided for by law, shall be…”
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