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CONSTITUTION OF THE STATE OF KANSAS

Article 2.—LEGISLATIVE

§ 13. Majority for passage of bills. A majority of the members then elected (or appointed) and qualified of each house, voting in the affirmative, shall be necessary to pass any bill. Two-thirds (2/3) of the members then elected (or appointed) and qualified in each house, voting in the affirmative, shall be necessary to ratify any amendment to the Constitution of the United States or to make any application for congress to call a convention for proposing amendments to the Constitution of the United States.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 52; L. 1974, ch. 458, § 1; November 5, 1974.

Attorney General's Opinions:

City-county consolidation; procedure; veto or rejection by concurrent resolution of Legislature. 97-18.

The Kansas Constitution cannot impose a supermajority requirement on the Legislature's decision to ratify a proposed amendment to the U.S. Constitution. 2019-10.

CASE ANNOTATIONS

1. Legislature may regulate joint conventions and prescribe number of votes required. Prouty v. Stover, Lieut. Governor, 11 Kan. 235, 257.

2. Yeas and nays not shown on journal, law upheld. Haynes v. Heller, 12 Kan. 381, 392.

3. Legislative journals and enrolled bills only records required, import verity. Division of Howard Co., 15 Kan. 194.

4. Counting votes of members exceeding constitutional limit considered. The State, ex rel., v. Tomlinson, 20 Kan. 692, 704.

5. Votes of members in excess of constitutional limit not counted. The State, ex rel., v. Francis, Treas., 26 Kan. 724, 727.

6. Legislative journals consulted to determine whether two-thirds of members concurred. In re Vanderberg, &c., Petitioner, 28 Kan. 243.

7. Judicial district; act held to have received required votes. Railway Co. v. Simons, 75 Kan. 130, 140, 88 P. 551.

8. Enactment of statute; when "house concurrent resolution" may become law. The State, ex rel., v. Knapp, 102 Kan. 701, 705, 171 P. 639.

9. Act providing for disorganization of certain school districts, legally enacted. School District v. Board of Education, 110 Kan. 613, 204 P. 758.

10. Right of lieutenant governor to vote discussed and determined. Coleman v. Miller, 146 Kan. 390, 393, 394, 395, 397, 398, 406, 71 P.2d 518. Affirmed: 307 U.S. 433, 59 S. Ct. 972, 83 L.Ed. 1385.

11. Legislature passed amended bill; governor signed bill without amendment; bill as passed by Legislature was not submitted to governor and invalid. State, ex rel., v. Robb, 163 Kan. 502, 516, 183 P.2d 223.


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