Printable Format25-314. Term of office of persons filling vacancies. Any of said officers that may be elected or appointed to fill vacancies may qualify and enter upon the duties of their office immediately thereafter, and when elected they may hold the same during the unexpired term for which they were elected, and until their successors are elected and qualified; but if appointed, unless otherwise provided by law, they shall hold the same only until their successors are elected and qualified. Appointment to fill a vacancy in an office which is to be abolished shall extend until the date of such abolition, and only until such date.
History: G.S. 1868, ch. 36, § 59; R.S. 1923, 25-314; L. 1963, ch. 160, § 7; L. 1968, ch. 406, § 99; April 30.
Source or prior law:
L. 1861, ch. 28, § 41.
Cross References to Related Sections:
Township officers, see 80-201.
Sheriffs, see 19-804.
Attorney General's Opinions:
Governmental organization; new appointive office; elimination of elective office; public election. 88-5.
District magistrate judges; election due to vacancy; length of term. 88-38.
CASE ANNOTATIONS
1. Governor's appointee to county vacancy holds until next general election. Bond v. White, 8 Kan. 333.
2. County attorney appointed to fill vacancy holds until general election. The State, ex rel., v. Mechem, 31 Kan. 435, 2 P. 816.
3. Term of office of person chosen to fill vacancy. The State, ex rel., v. Lutz et al., 116 Kan. 621, 622, 227 P. 334.
4. Section cited in considering term of person elected for unexpired term. Forrest v. Ryan, 126 Kan. 390, 392, 268 P. 101.
5. Cited in determining meaning of term "next general election." Hamilton v. Raub, 131 Kan. 392, 397, 292 P. 396.
6. Sheriff appointed to fill vacancy; term; statutes construed. Moore v. Smith, 160 Kan. 167, 179, 160 P.2d 675 (but see, K.S.A. 19-804, as amended).
7. County treasurer served one elective term, then appointed to fill vacancy in next term, then elected for balance of same unexpired term, was eligible for unexpired term but ineligible for next complete elective term. State, ex rel., v. Cheatum, 162 Kan. 248, 251, 252, 175 P.2d 123.
8. Appointee holds until next general election at which vacancy is to be filled. Stawitz v. Nelson, 188 Kan. 430, 435, 437, 362 P.2d 629.