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§ 11. Vacancies in executive offices. When the office of governor is vacant, the lieutenant governor shall become governor. In the event of the disability of the governor, the lieutenant governor shall assume the powers and duties of governor until the disability is removed. The legislature shall provide by law for the succession to the office of governor should the offices of governor and lieutenant governor be vacant, and for the assumption of the powers and duties of governor during the disability of the governor, should the office of lieutenant governor be vacant or the lieutenant governor be disabled. When the office of secretary of state or attorney general is vacant, the governor shall fill the vacancy by appointment for the remainder of the term. If the secretary of state or attorney general is disabled, the governor shall name a person to assume the powers and duties of the office until the disability is removed. The procedure for determining disability and the removal thereof shall be provided by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

Revisor's Note:

Prior to 1972, section applied only to office of governor. Vacancies in office of lieutenant governor and other executive offices were covered by §§ 13 and 14 of this article, respectively.

Cross References to Related Sections:

Succession to office of governor, see 75-125.

CASE ANNOTATIONS

1. Governor not incapable of performing duties by temporary absence from state; assumption of authority by lieutenant governor considered; term of person appointed to fill vacancy. Markham v. Cornell, 136 Kan. 884, 887, 897, 18 P.2d 158.

2. Powers of lieutenant governor discussed. (Dissenting opinion.) Coleman v. Miller, 146 Kan. 390, 406, 71 P.2d 518. Case affirmed: 307 U.S. 433, 59 S. Ct. 972, 83 L.Ed. 1385.