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§ 1. Executive officers; selection; terms. The constitutional officers of the executive department shall be the governor, lieutenant governor, secretary of state, and attorney general, who shall have such qualifications as are provided by law. Such officers shall be chosen by the electors of this state at the time of voting for members of the legislature in the year 1974 and every four years thereafter, and such officers elected in 1974 and thereafter shall have terms of four years which shall begin on the second Monday of January next after their election, and until their successors are elected and qualified. In the year 1974 and thereafter, at all elections of governor and lieutenant governor the candidates for such offices shall be nominated and elected jointly in such manner as is prescribed by law so that a single vote shall be cast for a candidate for governor and a candidate for lieutenant governor running together, and if such candidates are nominated by petition or convention each petition signature and each convention vote shall be made for a candidate for governor and a candidate for lieutenant governor running together. No person may be elected to more than two successive terms as governor nor to more than two successive terms as lieutenant governor.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49; L. 1972, ch. 390, § 1; November 7, 1972.

Law Review and Bar Journal References:

The New Mandamus-State ex rel. Stephan v. Kansas House of Representatives, Henry E. Couchman, Jr., 33 K.L.R. 733, 740

Written Testimony of Richard E. Levy Before the House Agriculture Committee, State of Kansas, Richard E. Levy, 42 K.L.R. 265, 273 (1994).

Attorney General's Opinions:

County commission may appoint person to fill vacancy on Board of Directors of County Health Center. 2001-26.

CASE ANNOTATIONS

1. Appointment of assistant attorney general to enforce liquor laws; constitutional. The State v. Nield, 4 Kan. App. 626, 45 P. 623.

2. "Members of Legislature" includes members of both branches of Legislature. The State, ex rel., v. Robinson et al., 1 Kan. 17.

3. Legislative department of government separate

and distinct from other departments. Coleman v. Newby, 7 Kan. 82, 87.

4. When other adequate remedy, attorney general cannot enjoin tax collection. The State v. McLaughlin, 15 Kan. 228, 232.

5. Legislature not forbidden to confer power on attorney general and assistants. In re Gilson, Petitioner, 34 Kan. 641, 643, 9 P. 763.

6. Performance of purely ministerial duties of governor controlled by mandamus. Martin, Governor, v. Ingham, 38 Kan. 641, 645, 649, 17 P. 162.

7. Legislative, judicial and administrative functions cannot be commingled and interwoven. The State v. Johnson, 61 Kan. 803, 811, 60 P. 1068. Questioned: State, ex rel., v. Howat, 107 Kan. 423, 191 P. 585.

8. This section cited in construing section 12, article 3. The State v. Andrews, 64 Kan. 474, 495, 67 P. 870.

9. Provision for state contest board held constitutional. Allen v. Burrow, 69 Kan. 812, 77 P. 555.

10. State government not modeled on cabinet system. (Dissenting opinion.) The State, ex rel., v. Dawson, 86 Kan. 180, 192, 119 P. 360.

11. Executive officers not personally liable for errors in judgment. Hicks v. Davis, 100 Kan. 4, 5, 163 P. 799.

12. Legislature cannot increase compensation of lieutenant governor during term. State, ex rel., v. Turner, 117 Kan. 755, 233 P. 510.

13. Section cited in considering authority to delegate advisability of enlarging city limits to courts. Ruland v. City of Augusta, 120 Kan. 42, 49, 242 P. 456.

14. Section cited in considering validity of drainage-district act as delegating legislative power to courts. State, ex rel., v. Drainage District, 123 Kan. 191, 254 P. 372.

15. Attorney general is chief law-enforcement officer; direction by governor. State v. Finch, 128 Kan. 665, 667, 280 P. 910.

16. Cited in holding Legislature may dispense with biennial city election. Murray v. Payne, 137 Kan. 685, 690, 21 P.2d 333.

17. Legislature may confer legislative powers on state superintendent of public instruction. State, ex rel., v. Storey, 144 Kan. 311, 316, 58 P.2d 1051.

18. Lieutenant governor is member of executive department; right to vote in case of tie. Coleman v. Miller, 146 Kan. 390, 393, 394, 406, 71 P.2d 518. Affirmed: 307 U.S. 433, 59 S. Ct. 972, 83 L.Ed. 1385.

19. Purpose of holding over phrase discussed in dissenting opinion. Tresner v. Rees, 154 Kan. 581, 586, 119 P.2d 511.

20. Mentioned; Legislature at budget session has no power to appoint interim investigating committees. State, ex rel., v. Anderson, 180 Kan. 120, 126, 299 P.2d 1078.

21. Separation of powers theory discussed in holding state finance council law valid. State, ex rel., v. Fadely, 180 Kan. 652, 670, 671, 676, 686, 308 P.2d 537.

22. Constitutional officers duty bound to comply fully with limitations of constitution. State, ex rel., v. Shanahan, 183 Kan. 464, 468, 327 P.2d 1042.

23. Separation of powers doctrine is inherent in Kansas Constitution; legislative power defined; executive and legislative powers distinguished. State, ex rel., v. State Office Building Commission, 185 Kan. 563, 567, 574, 345 P.2d 674.

24. Governor without authority to control attorney general's power and authority as officer of supreme court; interference with performance of judicial functions by courts. State, ex rel., v. City of Kansas City, 186 Kan. 190, 194, 350 P.2d 37. Certiorari denied: 363 U.S. 831, 80 S. Ct. 1598, 4 L.Ed.2d 1525.

25. What constitutes a suit against the state within the meaning of the 11th Amendment of the United States Constitution construed; distribution of powers doctrine discussed; court of visitation act held unconstitutional. Western Union Tel. Co. v. Myatt, 98 F. 335, 347, 353, 360.

26. Mandamus action by attorney general contesting district court judge's order restraining him from investigating gambling activities; mandamus held proper remedy. State v. Rohleder, 208 Kan. 193, 194, 490 P.2d 374.

27. 1972 amendment to this article held properly submitted and adopted on November 7, 1972. Van Sickle v. Shanahan, 211 Kan. 284, 505 P.2d 1109; 212 Kan. 426-452, 511 P.2d 223.

28. Cited in holding that when attorney general prosecutes case at county attorney's request, attorney general can only be removed for cause. State ex rel. Stephan v. Reynolds, 234 Kan. 574, 576, 673 P.2d 1188 (1984).

29. Constitutionality of K.S.A. 25-1904 relating to qualification for membership on state board of education determined. State ex rel. Stephan v. Johnson, 14 Kan. App. 2d 542, 545, 795 P.2d 411 (1990).