Vacancies in state and county offices, how filled

25-312. Vacancies in state and county offices, how filled. All vacancies in any elective state or county office, unless otherwise provided for by law, shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election. When any elected office is provided by law to be filled by appointment by the governor of a person selected by a party district convention, and the immediately past incumbent of such office was an independent without political party affiliation, the vacancy shall be filled by appointment by the governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election. If any vacancy shall occur in any state office which is to be abolished, the appointment to fill such vacancy shall extend until the date of such abolition and only until such date. History: G.S. 1868, ch. 36, § 57; R.S. 1923, 25-312; L. 1941, ch. 226, § 2; L. 1959, ch. 174, § 1; L. 1968, ch. 406, § 98; L. 1972, ch. 131, § 7; L. 1979, ch. 107, § 1; July 1. Source or prior law: L. 1861, ch. 28, § 39. Cross References to Related Sections: Vacancies in township offices, see 80-201. Vacancy in office of U.S. senator, see 25-318. Sheriffs, see 19-804. Judges' retirement act, see 20-2614. Supreme court justices, see 20-119 through 20-138. District court judges, see 25-312a. Vacancies in state legislature and state board of education, see 25-3903, 72-246. State treasurer, see 25-101b. Attorney General's Opinions: County election officer is not precluded from serving as officer of a political party. 93-63. CASE ANNOTATIONS 1. Section is constitutional and valid. Bond v. White, 8 Kan. 333. 2. Officers of newly organized counties hold until regular election. Hagerty v. Arnold, 13 Kan. 367. 3. Appointee filling vacancy holds only "until the next general election"; defined. The State, ex rel., v. Mechem, 31 Kan. 435, 2 P. 816; McIntyre v. Iliff, 64 Kan. 747, 68 P. 633. 4. Resignation by a coroner takes effect on acceptance by governor. Rogers v. Slonaker, 32 Kan. 191, 4 P. 138. 5. Vacancies in all county offices provided for in this section. The State, ex rel., v. Lutz, et al., 116 Kan. 621, 622, 227 P. 334. 6. Person elected to fill vacancy holds office remainder unexpired term. Forrest v. Ryan, 126 Kan. 390, 391, 268 P. 101. 7. Cited in determining meaning of term "next general election." Hamilton v. Raub, 131 Kan. 392, 397, 292 P. 396. 8. L. 1935, ch. 147, did not create vacancy in supreme court. Glenn v. Ryan, 144 Kan. 363, 365, 58 P.2d 1077. 9. Sheriff appointed to fill vacancy; term; statutes construed. Moore v. Smith, 160 Kan. 167, 177, 178, 179, 160 P.2d 675 (but see, K.S.A. 19-804, as amended). 10. 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. 11. Section authorizes appointment of marshal of court of Topeka to fill vacancy. Stawitz v. Nelson, 188 Kan. 430, 434, 435, 437, 362 P.2d 629. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026