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§ 1. Reapportionment of senatorial and representative districts. (a) At its regular session in 1992, and at its regular session every tenth year thereafter, the legislature shall by law reapportion the state senatorial districts and representative districts on the basis of the population of the state as established by the most recent census of population taken and published by the United States census bureau. Bills reapportioning legislative districts shall be published in the Kansas register immediately upon final passage and shall be effective for the next following election of legislators and thereafter until again reapportioned.

(b) Within 15 days after the publication of an act reapportioning the legislative districts within the time specified in (a), the attorney general shall petition the supreme court of the state to determine the validity thereof. The supreme court, within 30 days from the filing of the petition, shall enter its judgment. Should the supreme court determine that the reapportionment statute is invalid, the legislature shall enact a statute of reapportionment conforming to the judgment of the supreme court within 15 days.

(c) Upon enactment of a reapportionment to conform with a judgment under (b), the attorney general shall apply to the supreme court of the state to determine the validity thereof. The supreme court, within 10 days from the filing of such application, shall enter its judgment. Should the supreme court determine that the reapportionment statute is invalid, the legislature shall again enact a statute reapportioning the legislative districts in compliance with the direction of and conforming to the mandate of the supreme court within 15 days after entry thereof.

(d) Whenever a petition or application is filed under this section, the supreme court, in accordance with its rules, shall permit interested persons to present their views.

(e) A judgment of the supreme court of the state determining a reapportionment to be valid shall be final until the legislative districts are again reapportioned in accordance herewith.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 61; L. 1974, ch. 457, § 1; L. 1988, ch. 405, § 1; L. 2019, ch. 74, § 1; November 5, 2019.

Attorney General's Opinions:

Reapportionment of senatorial districts; constitutional requirements. 83-33.

Representative districts; boundaries of districts. 83-46.

Reapportionment of senatorial and representative districts. 86-128.

Persons to be included in resident enumeration; determination of residence. 88-111.

Reapportionment of senatorial and representative districts; members of state board of education. 89-11.

Census data; reapportionment of senatorial and representative districts; definitions. 89-141.

State board of education; vacancy; effect of redistricting. 91-84.

Reapportionment of senatorial and representative districts; census. 91-99.

Powers and duties of county commissioners; rearrangement of commissioner districts. 94-51.

Reapportionment of Kansas Legislature; vacancy in senate seat prior to 2004 effective date. 2002-8.

CASE ANNOTATIONS

1. Law required to create district; consent of both houses necessary. Prouty v. Stover, Lieut. Governor, 11 Kan. 235.

2. Decision in action challenging existing apportionment withheld to give Legislature opportunity to reapportion. Harris v. Shanahan, 191 Kan. 1, 2, 378 P.2d 157.

3. Intent and purpose of this section and section 2 discussed; standard of equality of representation stated. Harris v. Shanahan, 192 Kan. 183, 184, 185, 186, 187, 201, 202, 203, 204, 205, 206, 209, 387 P.2d 771.

4. 1964 apportionment of state senate and house held constitutional. Harris v. Shanahan, 192 Kan. 629, 631, 633, 640, 390 P.2d 772.

5. Portion of section providing each county shall have at least one representative regardless of population is inoperative by provisions of Fourteenth Amendment. Harris v. Anderson, 194 Kan. 302, 400 P.2d 25. Certiorari denied: 382 U.S. 894, 86 S. Ct. 185, 15 L.Ed.2d 150.

6. Apportionment of seats of house of representatives, K.S.A. 4-301 through 4-3,127, complies with valid portions hereof. Harris v. Anderson, 196 Kan. 449, 450, 453, 456, 412 P.2d 457.

7. Reapportionment reviewed and upheld hereunder; subsection (a) does not require both houses to be reapportioned in a single bill. In re Senate Bill No. 220, 225 Kan. 628, 632, 633, 593 P.2d 1.

8. Reapportionment reviewed and upheld hereunder. In re House Bill No. 2620, 225 Kan. 827, 828, 841, 595 P.2d 334.

9. Kansas apportionment based on 1978 state agricultural census constitutional. Bacon v. Carlin, 575 F. Supp. 763, 766 (1983).

10. Census accuracy, minor population deviations as factors in reapportionment considered. In re Substitute for House Bill No. 2492, 245 Kan. 118, 775 P.2d 663 (1989).

11. Validity of bill reapportioning house and senate districts upheld. In re House Bill No. 3083, 251 Kan. 595, 833 P.2d 1017 (per curiam); 251 Kan. 597, 598, 836 P.2d 574 (1992).

12. Reapportionment of Kansas legislative districts approved. 2002 Substitute for House Bill 2625, 273 Kan. 715, 44 P.3d 1266 (2002).

13. Legislative reapportionment of senatorial and representative districts approved. In re 2002 Substitute for Senate Bill 256, 273 Kan. 731, 45 P.3d 855 (2002).

14. The Legislature's 2022 reapportionment of state senatorial and representative districts was procedurally valid, did not violate the equal protection clause, was not based on invidious discrimination and did not violate the voting rights act. In re Validity of Senate Bill 563, 315 Kan. 864, 512 P.3d 220 (2022).