Previous | Next

§ 18. Election or appointment of officers; filling vacancies. The legislature may provide for the election or appointment of all officers and the filling of all vacancies not otherwise provided for in this constitution.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 53; original subject matter stricken and new subject substituted, L. 1974, ch. 458, § 1; November 5, 1974.

Revisor's Note:

This section originally related to the granting of divorces. The present subject matter was transferred from § 19 of this article by the revision of 1974.

Law Review and Bar Journal References:

"The Only Votes that Count: The Kansas Supreme Court Applies Common Law, Not Common Sense, to Invalidate Board of Education Elections," Luke Sobba, 40 W.L.J. 610 (2001).

Attorney General's Opinions:

Drainage districts within counties or cities; elections of district directors. 81-72.

Board of technical professions; land surveyors; requirement, certain exemption. 88-32.

Parimutuel racing; executive director; appointment. 90-80.

State board of agriculture; annual meeting; election of members; agricultural districts; officers; secretary; expenses. 91-52.

Kansas technology enterprise corporation; powers; governor's appointive powers granted by constitution or by Legislature. 91-120.

County extension districts; governing body; terms; composition; elections. 93-160.

Public officers; altering or shortening terms of incumbents. 95-114.

Qualifications of persons eligible to hold office of director of county improvement district. 96-87.

Persons appointed to board of governors of INK by governor may not appoint representatives to serve in their absence; contra however for secretary of state. 2002-46.

Mentioned; governor has no deadline for appointments per K.S.A. 76-3304, unlike cited examples. 2007-13.

CASE ANNOTATIONS

Annotations to original section related to divorce:

1. Decree affecting property void when court fails to get jurisdiction. Wesner v. O'Brien, 1 Kan. App. 416, 423, 42 P. 1098. Reversed: Wesner v. O'Brien, 56 Kan. 724, 729, 44 P. 1090.

2. Power of court in granting restraining order and divorce, discussed. In re David H. Mitchell, 1 Kan. (Dass. Ed.) 643.

3. Supreme court has jurisdiction when case brought up on error. Ulrich v. Ulrich, 8 Kan. 402, 408.

4. Court granting husband divorce may award possession of homestead to wife. Brandon v. Brandon, 14 Kan. 342, 346.

5. Legislature may forbid divorced persons to marry within six months. Durland v. Durland, 67 Kan. 734, 736, 74 P. 274.

6. Court may make equitable division of property without granting divorce. Putnam v. Putnam, 104 Kan. 47, 52, 177 P. 838.

7. Section cited in construing word "regulation." Jamison v. Flanner, Sheriff, 116 Kan. 624, 645, 228 P. 82.

8. Only divorce provided for by statute is absolute divorce. Wulf v. Fitzpatrick, 124 Kan. 642, 645, 261 P. 838.

9. Legislature has authority to establish rules of procedure in divorce cases; continuing jurisdiction provision approved. Conway v. Conway, 130 Kan. 848, 850, 288 P. 566.

10. District court's authority to require payment of alimony discussed. Hendricks v. Hendricks, 136 Kan. 69, 70, 12 P.2d 804.

11. Cited in discussing court's power to dispose of homestead in divorce proceeding. Starke v. Starke, 155 Kan. 331, 350, 125 P.2d 738.

12. Probate court no jurisdiction of action to annul marriage. In re Estate of Crump, 161 Kan. 154, 159, 166 P.2d 684; In re Estate of Dix, 161 Kan. 364, 370, 168 P.2d 537.

13. This section gives court jurisdiction of the subject matter of divorce actions. Patterson v. Patterson, 164 Kan. 501, 503, 190 P.2d 887.

14. Court may hear evidence and grant divorce though divorce not requested in petition. Fink v. Fink, 173 Kan. 82, 89, 244 P.2d 184.

15. Mentioned; district court had jurisdiction of parties to divorce action. Schooler v. Schooler, 175 Kan. 201, 207, 263 P.2d 233.

16. Petition asked for divorce, support money, division of property; alimony judgment upheld. Craig v. Craig, 187 Kan. 691, 693, 359 P.2d 842.

17. Considered in holding K.S.A. 60-1610 (b), division of property, not in conflict with article 15, section 6 of the Kansas Constitution or K.S.A. 23-201. Harrah v. Harrah, 196 Kan. 142, 144, 409 P.2d 1007.

18. Courts have jurisdiction of divorce but Legislature has authority to regulate procedure. LeSueur v. LeSueur, 197 Kan. 495, 499, 419 P.2d 817.

Annotations relating to current section related to election or appointment of officers:

19. Legislature may provide for filling vacancies by election. The State, ex rel., Watson, v. Cobb, 2 Kan. 32,56.

20. Legislature has power to provide for unexpired term of sheriff. Bond. V. White, 8 Kan. 333, 340, 343.

21. No valid election where no statutory or constitutional provision. Matthews v. Comm'rs of Shawnee Co., 34 Kan. 606, 607, 9 P. 765.

22. Postponing certain elections to secure uniformity of official terms, valid. Wilson v. Clark, 63 Kan. 505, 510, 65 P. 705; The State v. Andrews, 64 Kan. 474, 488, 67 P. 870.

23. Section cited in considering power of governor over official appointments. Barrett v. Duff, 114 Kan. 220, 217 P. 918.

24. Section cited in considering election of judge to fill vacancy. Forrest v. Ryan, 126 Kan. 390, 268 P. 101.

25. Cited in holding act creating city courts constitutional. State, ex rel., v. Smith, 130 Kan. 228, 236, 285 P. 542.

26. L. 1935, ch. 147, did not create vacancy in supreme court. Glenn v. Ryan, 144 Kan. 363, 365, 58 P.2d 1077.

27. Separation of powers doctrine inherent in Kansas Constitution; legislators cannot hold executive offices. State, ex rel., v. State Office Building Commission, 185 Kan. 563, 568, 572, 345 P.2d 674.

28. Mentioned in upholding act abolishing office of workmen's compensation commissioner and creating office of workmen's compensation director (74-710). Schumacher v. Rausch, 190 Kan. 239, 244, 372 P.2d 1005.

29. Section not repealed by implication by Section 6 of Article 1, which authorizes governor to issue reorganization orders. Van Sickel v. Shanahan, 212 Kan. 426, 452, 511 P.2d 223.

30. Construed with other constitutional provisions in determining rejection of governor's appointment by senate lawful. Leek v. Theis, 217 Kan. 784, 795, 803, 813, 539 P.2d 304.

31. Fact that governor selects five members of Governmental Ethics Commission and members of Legislature select six does not violate doctrine of separation of powers. Parcell v. State of Kansas, 468 F. Supp. 1274, 1275, 1278.

32. Cited; non-lawyer remaining on supreme court nominating commission following issuance of temporary permit to practice law examined. State ex rel. Stephan v. Adam, 243 Kan. 619, 622, 760 P.2d 683 (1988).

33. 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, 547, 795 P.2d 411 (1990).

34. Whether workers compensation board selection by private organizations legislatively usurps executive power violating separation of powers examined. Sedlak v. Dick, 256 Kan. 779, 788, 791, 887 P.2d 1119 (1995).

35. Legislature decides who may qualify for public office. U.S.D. No. 501 v. Baker, 269 Kan. 239, 6 P.3d 848 (2000).