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§ 1. Selection of officers. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 65; January 29, 1861.

Law Review and Bar Journal References:

"Written Testimony of Richard E. Levy Before the House Agriculture Committee, State of Kansas," Richard E. Levy, 42 K.L.R. 265, 275 (1994).

Attorney General's Opinions:

State board of agriculture; constitutionality of board selection process. 79-243.

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

Parimutuel racing; executive director; appointment under 1990 amendments to K.S.A. 74-8805. 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.

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

Persons appointed to board of governors of information network of Kansas, inc. 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 76-3304, unlike cited examples. 2007-13.

Members of lottery gaming facility review board serve at pleasure of appointing authority and may be removed by appointing authority. 2009-10.

City and county governing bodies may determine the membership of a convention and tourism committee and may impose a limit on the term of office. 2010-1.

CASE ANNOTATIONS

1. No election provided by constitution or statute, election not valid. Matthews v. Comm'rs of Shawnee Co., 34 Kan. 606, 607, 9 P. 765.

2. Term of office and power to remove railroad commissioners discussed. The State, ex rel., v. Mitchell, 50 Kan. 289, 293, 294, 33 P. 104.

3. Section discussed in connection with appointments under biennial-election law. The State v. Andrews, 64 Kan. 474, 489, 67 P. 870.

4. Section applied in upholding "veterans' preference law." Goodrich v. Mitchell, 68 Kan. 765, 769, 75 P. 1034.

5. Section applied to appointment of county auditor by district court. Sartin v. Snell, 87 Kan. 485, 494, 125 P. 47.

6. Act denying right to vote for county superintendent held void. The State, ex rel., v. Doane, 98 Kan. 435, 436, 158 P. 38.

7. Limit of power of governor over official appointments once made discussed. Barrett v. Duff, 114 Kan. 220, 217 P. 918.

8. Manner of appointment of board of examiners in optometry held constitutional. Marks v. Frantz, 179 Kan. 638, 647, 649, 298 P.2d 316.

9. Validity of finance council act providing legislators as members questioned. (Dissenting opinion.) State, ex rel., v. Fadely, 180 Kan. 652, 689, 691, 692, 308 P.2d 537.

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

11. 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.

12. Construed with other constitutional provisions in determining rejection of governor's appointment by senate lawful. Leek v. Theis, 217 Kan. 784, 796, 797, 799, 802, 803, 813, 539 P.2d 304.

13. Appointment of legislative members to state finance council not violative of separation of powers doctrine. State, ex rel., v. Bennett, 222 Kan. 12, 17, 564 P.2d 1281.

14. 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).

15. Whether workers compensation board selection by private organizations legislatively usurps executive power violating separation of powers examined. Sedlak v. Dick, 256 Kan. 779, 787, 791, 887 P.2d 1119 (1995).