constitution of the state of kansas · constitution of the state of kansas ... list of amendments...

Constitution of the State of Kansas―—―—―—

ORDINANCE. §§ 1 to 8.PREAMBLE.BILL OF RIGHTS. §§ 1 to 20.

Articles 1. EXECUTIVE. §§ 1 to 16. 2. LEGISLATIVE. §§ 1 to 30. 3. JUDICIAL. §§ 1 to 20. 4. ELECTIONS. §§ 1 to 5. 5. SUFFRAGE. §§ 1 to 8. 6. EDUCATION. §§ 1 to 7. 7. PUBLIC INSTITUTIONS AND WELFARE. §§ 1 to 6. 8. MILITIA. §§ 1 to 4. 9. COUNTY AND TOWNSHIP ORGANIZATION. §§ 1 to 5.10. APPORTIONMENT OF THE LEGISLATURE. §§ 1 to 3.11. FINANCE AND TAXATION. §§ 1 to 13.12. CORPORATIONS. §§ 1 to 6.13. BANKS. §§ 1 to 9.14. CONSTITUTIONAL AMENDMENT AND REVISION. §§ 1, 2.15. MISCELLANEOUS. §§ 1 to 16.

SCHEDULE. §§ 1 to 25.RESOLUTIONS.LIST OF AMENDMENTS AND PROPOSED AMENDMENTS TO THE KANSAS CONSTITUTION.

ACCEPTANCE OF GRANT FROMCONGRESS; ORDINANCE; PREAMBLE

ORDINANCE

WHEREAS, The government of the United States isthe proprietor of a large portion of the landsincluded in the limits of the state of Kansas asdefined by this constitution; and,

WHEREAS, The state of Kansas will possess theright to tax said lands for purposes ofgovernment, and for other purposes; now,therefore,

Be it ordained by the people of Kansas:That the right of the state of Kansas to tax such

lands is relinquished forever, and the state ofKansas will not interfere with the title of theUnited States to such lands, nor with anyregulation of congress in relation thereto, nor taxnonresidents higher than residents: Providedalways, That the following conditions be agreed toby congress:

§ 1. School sections. Sections numbered six-teen and thirty-six in each township in the state,including Indian reservations and trust lands, shallbe granted to the state for the exclusive use ofcommon schools; and when either of said sections,or any part thereof, has been disposed of, otherlands of equal value, as nearly contiguous theretoas possible, shall be substituted therefor.

§ 2. University lands. That seventy-two sec-tions of land shall be granted to the state for theerection and maintenance of a state university.

§ 3. Lands for public buildings. That thirty-six sections shall be granted to the state for theerection of public buildings.

§ 4. Lands for benevolent institutions. Thatseventy-two sections shall be granted to the statefor the erection and maintenance of charitable andbenevolent institutions.

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§ 5. Salt springs and mines. That all saltsprings, not exceeding twelve in number, with sixsections of land adjacent to each, together with allmines, with the lands necessary for their full use,shall be granted to the state for works of publicimprovement.

§ 6. Proceeds to schools. That five per-centum of the proceeds of the public lands in Kan-sas, disposed of after the admission of the stateinto the union, shall be paid to the state for a fund,the income of which shall be used for the supportof common schools.

§ 7. School lands. That the five hundredthousand acres of land to which the state isentitled under the act of congress entitled "An actto appropriate the proceeds of the sales of publiclands and grant preemption rights," approvedSeptember 4th, 1841, shall be granted to the statefor the support of common schools.

§ 8. Selection of lands. That the lands here-inbefore mentioned shall be selected in such man-ner as may be prescribed by law; such selectionsto be subject to the approval of the commissionerof the general land office of the United States.

PREAMBLE

We, the people of Kansas, grateful to AlmightyGod for our civil and religious privileges, in orderto insure the full enjoyment of our rights asAmerican citizens, do ordain and establish thisconstitution of the state of Kansas, with thefollowing boundaries, to wit: Beginning at a pointon the western boundary of the state of Missouri,where the thirty-seventh parallel of north latitudecrosses the same; thence running west on saidparallel to the twenty-fifth meridian of longitudewest from Washington; thence north on saidmeridian to the fortieth parallel of north latitude;thence east on said parallel to the westernboundary of the state of Missouri; thence southwith the western boundary of said state to theplace of beginning.

BILL OF RIGHTS

§ 1. Equal rights. All men are possessed ofequal and inalienable natural rights, among whichare life, liberty, and the pursuit of happiness.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.47.

§ 2. Political power; privileges. All politicalpower is inherent in the people, and all freegovernments are founded on their authority, andare instituted for their equal protection and benefit.No special privileges or immunities shall ever begranted by the legislature, which may not bealtered, revoked or repealed by the same body;and this power shall be exercised by no othertribunal or agency.


§ 3. Right of peaceable assembly; petition.The people have the right to assemble, in a peace-able manner, to consult for their common good, toinstruct their representatives, and to petition thegovernment, or any department thereof, for theredress of grievances.


§ 4. Individual right to bear arms; armies.A person has the right to keep and bear arms forthe defense of self, family, home and state, forlawful hunting and recreational use, and for anyother lawful purpose; but standing armies, in timeof peace, are dangerous to liberty, and shall not betolerated, and the military shall be in strict subor-dination to the civil power.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.48; L. 2009, ch. 152, § 1; Nov. 2, 2010.

§ 5. Trial by jury. The right of trial by juryshall be inviolate.


§ 6. Slavery prohibited; servitude for con-viction of crime. There shall be no slavery in thisstate; and no involuntary servitude, except for thepunishment of crime, whereof the party shall havebeen duly convicted.


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§ 7. Religious liberty; property qualifica-tion for public office. The right to worship Godaccording to the dictates of conscience shall neverbe infringed; nor shall any person be compelled toattend or support any form of worship; nor shallany control of or interference with the rights ofconscience be permitted, nor any preference begiven by law to any religious establishment ormode of worship. No religious test or propertyqualification shall be required for any office ofpublic trust, nor for any vote at any election, norshall any person be incompetent to testify onaccount of religious belief.


§ 8. Habeas corpus. The right to the writ ofhabeas corpus shall not be suspended, unless thepublic safety requires it in case of invasion orrebellion.


§ 9. Bail; fines; cruel and unusual punish-ment. All persons shall be bailable by sufficientsureties except for capital offenses, where proof isevident or the presumption great. Excessive bailshall not be required, nor excessive fines imposed,nor cruel or unusual punishment inflicted.


§ 10. Trial; defense of accused; witnessagainst self; double jeopardy. In all prosecutions,the accused shall be allowed to appear and defendin person, or by counsel; to demand the nature andcause of the accusation against him; to meet thewitness face to face, and to have compulsory pro-cess to compel the attendance of the witnesses inhis behalf, and a speedy public trial by an impar-tial jury of the county or district in which theoffense is alleged to have been committed. No per-son shall be a witness against himself, or be twiceput in jeopardy for the same offense.


§ 11. Liberty of press and speech; libel.The liberty of the press shall be inviolate; and allpersons may freely speak, write or publish theirsentiments on all subjects, being responsible forthe abuse of such rights; and in all civil or criminalactions for libel, the truth may be given in evid-ence to the jury, and if it shall appear that thealleged libelous matter was published for justifi-able ends, the accused party shall be acquitted.


§ 12. No forfeiture of estate for crimes. Noconviction within the state shall work a forfeitureof estate.


§ 13. Treason. Treason shall consist only inlevying war against the state, adhering to itsenemies, or giving them aid and comfort. No per-son shall be convicted of treason unless on theevidence of two witnesses to the overt act, or con-fession in open court.


§ 14. Soldiers' quarters. No soldier shall, intime of peace, be quartered in any house withoutthe consent of the occupant, nor in time of war,except as prescribed by law.


§ 15. Search and seizure. The right of thepeople to be secure in their persons and propertyagainst unreasonable searches and seizures, shallbe inviolate; and no warrant shall issue but onprobable cause, supported by oath or affirmation,particularly describing the place to be searchedand the persons or property to be seized.


§ 16. Imprisonment for debt. No personshall be imprisoned for debt, except in cases offraud.

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§ 17. Property rights of citizens and ali-ens. No distinction shall ever be made betweencitizens of the state of Kansas and the citizens ofother states and territories of the United States inreference to the purchase, enjoyment or descent ofproperty. The rights of aliens in reference to thepurchase, enjoyment or descent of property maybe regulated by law.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.49; L. 1887, p. 340, S.J.R. no. 6 § 1; Nov. 6, 1888.

§ 18. Justice without delay. All persons, forinjuries suffered in person, reputation or property,shall have remedy by due course of law, andjustice administered without delay.


§ 19. Emoluments or privileges prohib-ited. No hereditary emoluments, honors, or priv-ileges shall ever be granted or conferred by thestate.


§ 20. Powers retained by people. This enu-meration of rights shall not be construed to impairor deny others retained by the people; and allpowers not herein delegated remain with thepeople.


Article 1.—EXECUTIVE

§ 1. Executive officers; selection; terms.The constitutional officers of the executive depart-ment shall be the governor, lieutenant governor,secretary of state, and attorney general, who shallhave such qualifications as are provided by law.Such officers shall be chosen by the electors ofthis state at the time of voting for members of thelegislature in the year 1974 and every four yearsthereafter, and such officers elected in 1974 and

thereafter shall have terms of four years whichshall begin on the second Monday of January nextafter their election, and until their successors areelected and qualified. In the year 1974 and there-after, at all elections of governor and lieutenantgovernor the candidates for such offices shall benominated and elected jointly in such manner as isprescribed by law so that a single vote shall becast for a candidate for governor and a candidatefor lieutenant governor running together, and ifsuch candidates are nominated by petition or con-vention each petition signature and each conven-tion vote shall be made for a candidate for gov-ernor and a candidate for lieutenant governor run-ning together. No person may be elected to morethan two successive terms as governor nor to morethan two successive terms as lieutenant governor.


§ 2.History: Adopted by convention, July 29,

1859; ratified by electors, Oct. 4, 1859; L. 1861, p.49; eliminated by revision, L. 1972, ch. 390; Nov.7, 1972.

§ 3. Executive power of governor. Thesupreme executive power of this state shall be ves-ted in a governor, who shall be responsible for theenforcement of the laws of this state.


§ 4. Reports to governor. The governor mayrequire information in writing from the officers ofthe executive department, upon any subject relat-ing to their respective duties. The officers of theexecutive department, and of all public state insti-tutions, shall, at least ten days preceding each reg-ular session of the legislature, severally report tothe governor, who shall transmit such reports tothe legislature.


§ 5. Governor's duties for legislature; mes-sages; special sessions; adjournment. The gov-ernor may, on extraordinary occasions, call the

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legislature into special session by proclamation;and shall call the legislature into special session,upon petition signed by at least two-thirds of themembers elected to each house. At every sessionof the legislature the governor shall communicatein writing information in reference to the condi-tion of the state, and recommend such measures ashe deems expedient. In case of disagreementbetween the two houses in respect of the time ofadjournment, the governor may adjourn the legis-lature to such time as he deems proper, not beyondits next regular session.


§ 6. Reorganization of state agencies ofexecutive branch. (a) For the purpose of transfer-ring, abolishing, consolidating or coordinating thewhole or any part of any state agency, or the func-tions thereof, within the executive branch of stategovernment, when the governor considers thesame necessary for efficient administration, hemay issue one or more executive reorganizationorders, each bearing an identifying number, andtransmit the same to the legislature within the firstthirty calendar days of any regular session. Agen-cies and functions of the legislative and judicialbranches, and constitutionally delegated functionsof state officers and state boards shall be exemptfrom executive reorganization orders.

(b) The governor shall transmit eachexecutive reorganization order to both houses ofthe legislature on the same day, and each suchorder shall be accompanied by a governor'smessage which shall specify with respect to eachabolition of a function included in the order thestatutory authority for the exercise of the function.Every executive reorganization order shall providefor the transfer or other disposition of the records,property and personnel affected by the order.Every executive reorganization order shall providefor all necessary transfers of unexpended balancesof appropriations of agencies affected by suchorder, and such changes in responsibility for andhandling of special funds as may be necessary toaccomplish the purpose of such order. Transferredbalances of appropriations may be used only forthe purposes for which the appropriation wasoriginally made.

(c) Each executive reorganization ordertransmitted to the legislature as provided in thissection shall take effect and have the force ofgeneral law on the July 1 following its transmittalto the legislature, unless within sixty calendar daysand before the adjournment of the legislativesession either the senate or the house ofrepresentatives adopts by a majority vote of themembers elected thereto a resolution disapprovingsuch executive reorganization order. Under theprovisions of an executive reorganization order aportion of the order may be effective at a timelater than the date on which the order is otherwiseeffective.

(d) An executive reorganization order whichis effective shall be published as and with the actsof the legislature and the statutes of the state. Anyexecutive reorganization order which is or is tobecome effective may be amended or repealed asstatutes of the state are amended or repealed.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.50; original subject matter stricken by revision andnew subject substituted, L. 1972, ch. 390, § 1;Nov. 7, 1972.

§ 7. Pardons. The pardoning power shall bevested in the governor, under regulations andrestrictions prescribed by law.


§ 8. History: Adopted by convention, July 29,


§ 9. State seal and commissions. Thereshall be a seal of the state, which shall be kept bythe governor, and used by him officially, andwhich shall be the great seal of Kansas. All com-missions shall be issued in the name of the state ofKansas; and shall be signed by the governor, coun-tersigned by the secretary of state, and sealed withthe great seal.


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§ 11. Vacancies in executive offices. Whenthe office of governor is vacant, the lieutenantgovernor shall become governor. In the event ofthe disability of the governor, the lieutenant gov-ernor shall assume the powers and duties of gov-ernor until the disability is removed. The legis-lature shall provide by law for the succession tothe office of governor should the offices of gov-ernor and lieutenant governor be vacant, and forthe assumption of the powers and duties of gov-ernor during the disability of the governor, shouldthe office of lieutenant governor be vacant or thelieutenant governor be disabled. When the officeof secretary of state or attorney general is vacant,the governor shall fill the vacancy by appointmentfor the remainder of the term. If the secretary ofstate or attorney general is disabled, the governorshall name a person to assume the powers andduties of the office until the disability is removed.The procedure for determining disability and theremoval thereof shall be provided by law.


§ 12. Lieutenant governor. The lieutenantgovernor shall assist the governor and have suchother powers and duties as are prescribed by law.






§ 15. Compensation of officers. The offi-cers mentioned in this article shall at stated times

receive for their services a such compensation asis established by law, which shall not be dimin-ished during their terms of office, unless by gen-eral law applicable to all salaried officers of thestate. Any person exercising the powers and dutiesof an office mentioned in this article shall receivethe compensation established by law for thatoffice.




Article 2.—LEGISLATIVE

§ 1. Legislative power. The legislativepower of this state shall be vested in a house ofrepresentatives and senate.


§ 2. Senators and representatives. Thenumber of representatives and senators shall beregulated by law, but shall not exceed one hundredtwenty-five representatives and forty senators.Representatives and senators shall be elected fromsingle-member districts prescribed by law. Repres-entatives shall be elected for two year terms. Sen-ators shall be elected for four year terms. Theterms of representatives and senators shall com-mence on the second Monday of January of theyear following election.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.51; L. 1873, ch. 134, § 1; L. 1974, ch. 458, § 1;Nov. 5, 1974.

§ 3. Compensation of members of legis-lature. The members of the legislature shallreceive such compensation as may be provided bylaw or such compensation as is determinedaccording to law.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.51; L. 1947, ch. 250, § 1; L. 1961, ch. 196, § 1; L.1974, ch. 458, § 1; Nov. 5, 1974.

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§ 4. Qualifications of members. During thetime that any person is a candidate for nominationor election to the legislature and during the term ofeach legislator, such candidate or legislator shallbe and remain a qualified elector who resides inhis or her district.


§ 5. Eligibility and disqualification ofmembers. No member of congress and no civilofficer or employee of the United States or of anydepartment, agency, or instrumentality thereofshall be eligible to be a member of the legislature.Any member of the legislature who accepts anyappointment or election contrary to the foregoingshall be disqualified as a member of the legis-lature.






§ 8. Organization and sessions. The legis-lature shall meet in regular session annually com-mencing on the second Monday in January, and allsessions shall be held at the state capital. The dur-ation of regular sessions held in even-numberedyears shall not exceed ninety calendar days. Suchsessions may be extended beyond ninety calendardays by an affirmative vote of two-thirds of themember selected to each house. Bills and concur-rent resolutions under consideration by the legis-lature upon adjournment of a regular session heldin an odd-numbered year may be considered at thenext succeeding regular session held in an even-numbered year, as if there had been no suchadjournment.

The legislature shall be organized concurrently

with the terms of representatives except that thesenate shall remain organized during the terms ofsenators. The president of the senate shall presideover the senate, and the speaker of the house ofrepresentatives shall preside over the house ofrepresentatives. A majority of the members thenelected (or appointed) and qualified of the houseof representatives or the senate shall constitute aquorum of that house. Neither house, without theconsent of the other, shall adjourn for more thantwo days, Sundays excepted. Each house shallelect its presiding officer and determine the rulesof its proceedings, except that the two houses mayadopt joint rules on certain matters and provide forthe manner of change thereof. Each house shallprovide for the expulsion or censure of membersin appropriate cases. Each house shall be the judgeof elections, returns and qualifications of its ownmembers.


§ 9. Vacancies in legislature. All vacanciesoccurring in either house shall be filled asprovided by law.


§ 10. Journals. Each house shall publish ajournal of its proceedings. The affirmative andnegative votes upon the final passage of every billand every concurrent resolution for amendment ofthis constitution or ratification of an amendment tothe Constitution of the United States shall beentered in the journal. Any member of eitherhouse may make written protest against any act orresolution, and the same shall be entered in thejournal without delay or alteration.




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§ 12. Origination by either house. Billsand concurrent resolutions may originate in eitherhouse, but may be amended or rejected by theother.


§ 13. Majority for passage of bills. Amajority of the members then elected (or appoin-ted) and qualified of each house, voting in theaffirmative, shall be necessary to pass any bill.Two-thirds (2/3) of the members then elected (orappointed) and qualified in each house, voting inthe affirmative, shall be necessary to ratify anyamendment to the Constitution of the UnitedStates or to make any application for congress tocall a convention for proposing amendments to theConstitution of the United States.


§ 14. Approval of bills; vetoes. (a) Withinten days after passage, every bill shall be signedby the presiding officers and presented to the gov-ernor. If the governor approves a bill, he shall signit. If the governor does not approve a bill, the gov-ernor shall veto it by returning the bill, with a vetomessage of the objections, to the house of originof the bill. Whenever a veto message is soreceived, the message shall be entered in thejournal and in not more than thirty calendar days(excluding the day received), the house of originshall reconsider the bill. If two-thirds of the mem-bers then elected (or appointed) and qualified shallvote to pass the bill, it shall be sent, with the vetomessage, to the other house, which shall in notmore than thirty calendar days (excluding the dayreceived) also reconsider the bill, and if approvedby two-thirds of the members then elected (orappointed) and qualified, it shall become a law,notwithstanding the governor's veto.

If any bill shall not be returned within ten calen-dar days (excluding the day presented) after itshall have been presented to the governor, it shallbecome a law in like manner as if it had beensigned by the governor.

(b) If any bill presented to the governor con-tains several items of appropriation of money, one

or more of such items may be disapproved by thegovernor while the other portion of the bill isapproved by the governor. In case the governordoes so disapprove, a veto message of the gov-ernor stating the item or items disapproved, andthe reasons therefor, shall be appended to the billat the time it is signed, and the bill shall bereturned with the veto message to the house of ori-gin of the bill. Whenever a veto message is soreceived, the message shall be entered in thejournal and, in not more than thirty calendar days,the house of origin shall reconsider the items ofthe bill which have been disapproved. If two-thirds of the members then elected (or appointed)and qualified shall vote to approve any item disap-proved by the governor, the bill, with the vetomessage, shall be sent to the other house, whichshall in not more than thirty calendar days alsoreconsider each such item so approved by thehouse of origin, and if approved by two-thirds ofall the members then elected (or appointed) andqualified, any such item shall take effect andbecome a part of the bill.


§ 15. Requirements before bill passed. Nobill shall be passed on the day that it is introduced,unless in case of emergency declared by two-thirds of the members present in the house where abill is pending.


§ 16. Subject and title of bills; amendmentor revival of statutes. No bill shall contain morethan one subject, except appropriation bills andbills for revision or codification of statutes. Thesubject of each bill shall be expressed in its title.No law shall be revived or amended, unless thenew act contain the entire act revived or the sec-tion or sections amended, and the section or sec-tions so amended shall be repealed. The provisionsof this section shall be liberally construed to effec-tuate the acts of the legislature.


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§ 17. Uniform operation of laws of a gen-eral nature. All laws of a general nature shallhave a uniform operation throughout the state:Provided, The legislature may designate areas incounties that have become urban in character as"urban areas" and enact special laws giving to anyone or more of such counties or urban areas suchpowers of local government and consolidation oflocal government as the legislature may deemproper.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.53; L. 1905, ch. 543, § 1; 1953 S.C.R. 13, § 1; L.1974, ch. 458, § 1; Nov. 5, 1974.

§ 18. Election or appointment of officers;filling vacancies. The legislature may provide forthe election or appointment of all officers and thefilling of all vacancies not otherwise provided forin this constitution.

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

§ 19. Publication of acts. No act shall takeeffect until the enacting bill is published asprovided by law.


§ 20. Enacting clause of bills; lawsenacted only by bill. The enacting clause of allbills shall be "Be it enacted by the Legislature ofthe State of Kansas:". No law shall be enactedexcept by bill.

History: Adopted by convention, July 29, 1859;ratified by electors, Oct. 4, 1859; L. 1861, p.53; L. 1974, ch. 458, § 1; Nov. 5, 1974.

§ 21. Delegation of powers of local legisla-tion and administration. The legislature mayconfer powers of local legislation and administra-tion upon political subdivisions.


§ 22. Legislative immunity. For any speech,written document or debate in either house, themembers shall not be questioned elsewhere. No

member of the legislature shall be subject to arrest—except for treason, felony or breach of the peace—in going to, or returning from, the place ofmeeting, or during the continuance of the session;neither shall he be subject to the service of anycivil process during the session, nor for fifteendays previous to its commencement.




§ 24. Appropriations. No money shall bedrawn from the treasury except in pursuance of aspecific appropriation made by law.



1859; ratified by electors, Oct. 4, 1859; L. 1861, p.54; L. 1875, ch. 140, § 1; 1953 S.C.R. no. 1; L.1966, ch. 7, § 1, Special Sess.; eliminated byrevision, L. 1974, ch. 458; Nov. 5, 1974.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.54; Repealed, L. 1972, ch. 391, § 1; Aug. 1, 1972.

§ 27. Impeachment. The house of repres-entatives shall have the sole power to impeach. Allimpeachments shall be tried by the senate; andwhen sitting for that purpose, the senators shalltake an oath to do justice according to the law andthe evidence. No person shall be convictedwithout the concurrence of two-thirds of the senat-ors then elected (or appointed) and qualified.


§ 28. Officers impeachable; grounds; pun-ishment. The governor and all other officers underthis constitution, shall be removed from office on

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impeachment for, and conviction of treason,bribery, or other high crimes and misdemeanors.


§ 29. History: L. 1875, ch. 140, § 1; eliminated by

revision, L. 1974, ch. 458; Nov. 5, 1974.

§ 30. Delegation of powers to interstatebodies. The legislature may confer legislativepowers upon interstate bodies, comprised ofofficers of this state or its political subdivisionsacting in conjunction with officers of other juris-dictions, relating to the functions thereof. Anysuch delegation, and any agreement made thereun-der shall be subject to limitation, change or ter-mination by the legislature, unless contained in acompact approved by the congress.

History: L. 1974, ch. 458, § 1; Nov. 5, 1974.

Article 3.—JUDICIAL

§ 1. Judicial power; seals; rules. The judi-cial power of this state shall be vested exclusivelyin one court of justice, which shall be divided intoone supreme court, district courts, and such othercourts as are provided by law; and all courts ofrecord shall have a seal. The supreme court shallhave general administrative authority over allcourts in this state.


§ 2. Supreme court. The supreme courtshall consist of not less than seven justices whoshall be selected as provided by this article. Allcases shall be heard with not fewer than fourjustices sitting and the concurrence of a majorityof the justices sitting and of not fewer than fourjustices shall be necessary for a decision. The termof office of the justices shall be six years except ashereinafter provided. The justice who is senior incontinuous term of service shall be chief justice,and in case two or more have continuously servedduring the same period the senior in age of theseshall be chief justice. A justice may decline orresign from the office of chief justice withoutresigning from the court. Upon such declination or

resignation, the justice who is next senior in con-tinuous term of service shall become chief justice.During incapacity of a chief justice, the duties,powers and emoluments of the office shall devolveupon the justice who is next senior in continuousservice.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.54; L. 1899, ch. 314, § 1; L. 1957, ch. 234, § 1; L.1972, ch. 392, § 1; Nov. 7, 1972.

§ 3. Jurisdiction and terms. The supremecourt shall have original jurisdiction in proceed-ings in quo warranto, mandamus, and habeas cor-pus; and such appellate jurisdiction as may beprovided by law. It shall hold one term each yearat the seat of government and such other terms atsuch places as may be provided by law, and its jur-isdiction shall be co-extensive with the state.


§ 4. Reporter; clerk. There shall be appoin-ted, by the justices of the supreme court, a reporterand clerk of said court, who shall hold their officestwo years, and whose duties shall be prescribed bylaw.


§ 5. Selection of justices of the supremecourt. (a) Any vacancy occurring in the office ofany justice of the supreme court and any positionto be open thereon as a result of enlargement ofthe court, or the retirement or failure of an incum-bent to file his declaration of candidacy to succeedhimself as hereinafter required, or failure of ajustice to be elected to succeed himself, shall befilled by appointment by the governor of one ofthree persons possessing the qualifications ofoffice who shall be nominated and whose namesshall be submitted to the governor by the supremecourt nominating commission established as here-inafter provided.

(b) In event of the failure of the governor tomake the appointment within sixty days from thetime the names of the nominees are submitted tohim, the chief justice of the supreme court shallmake the appointment from such nominees.

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(c) Each justice of the supreme court appoin-ted pursuant to provisions of subsection (a) of thissection shall hold office for an initial term endingon the second Monday in January following thefirst general election that occurs after the expira-tion of twelve months in office. Not less than sixtydays prior to the holding of the general electionnext preceding the expiration of his term of office,any justice of the supreme court may file in theoffice of the secretary of state a declaration of can-didacy for election to succeed himself. If a declar-ation is not so filed, the position held by suchjustice shall be open from the expiration of histerm of office. If such declaration is filed, hisname shall be submitted at the next general elec-tion to the electors of the state on a separate judi-cial ballot, without party designation, reading sub-stantially as follows:"Shall __________________________________

(Here insert name of justice.)

_______________________________________(Here insert the title of the court.)

be retained in office?"If a majority of those voting on the question voteagainst retaining him in office, the position oroffice which he holds shall be open upon theexpiration of his term of office; otherwise he shall,unless removed for cause, remain in office for theregular term of six years from the second Mondayin January following such election. At the expira-tion of each term he shall, unless by law he iscompelled to retire, be eligible for retention inoffice by election in the manner prescribed in thissection.

(d) A nonpartisan nominating commissionwhose duty it shall be to nominate and submit tothe governor the names of persons for appoint-ment to fill vacancies in the office of any justice ofthe supreme court is hereby established, and shallbe known as the "supreme court nominating com-mission." Said commission shall be organized ashereinafter provided.

(e) The supreme court nominating commis-sion shall be composed as follows: One member,who shall be chairman, chosen from among theirnumber by the members of the bar who are resid-ents of and licensed in Kansas; one member fromeach congressional district chosen from amongtheir number by the resident members of the bar ineach such district; and one member, who is not alawyer, from each congressional district, appoin-

ted by the governor from among the residents ofeach such district.

(f) The terms of office, the procedure forselection and certification of the members of thecommission and provision for their compensationor expenses shall be as provided by the legislature.

(g) No member of the supreme court nominat-ing commission shall, while he is a member, holdany other public office by appointment or any offi-cial position in a political party or for six monthsthereafter be eligible for nomination for the officeof justice of the supreme court. The commissionmay act only by the concurrence of a majority ofits members.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; originalsubject matter stricken, L. 1957, ch. 234, § 1; newsubject matter substituted, L. 1972, ch. 392, § 1;Nov. 7, 1972.

§ 6. District courts. (a) The state shall bedivided into judicial districts as provided by law.Each judicial district shall have at least one districtjudge. The term of office of each judge of the dis-trict court shall be four years. District court shallbe held at such times and places as may beprovided by law. The district judges shall be elec-ted by the electors of the respective judicial dis-tricts unless the electors of a judicial district haveadopted and not subsequently rejected a method ofnonpartisan selection. The legislature shall providea method of nonpartisan selection of districtjudges and for the manner of submission andresubmission thereof to the electors of a judicialdistrict. A nonpartisan method of selection of dis-trict judges may be adopted, and once adoptedmay be rejected, only by a majority of electors ofa judicial district voting on the question at an elec-tion in which the proposition is submitted.Whenever a vacancy occurs in the office of districtjudge, it shall be filled by appointment by the gov-ernor until the next general election that occursmore than thirty days after such vacancy, or asmay be provided by such nonpartisan method ofselection.

(b) The district courts shall have such jurisdic-tion in their respective districts as may beprovided by law.

(c) The legislature shall provide for clerks ofthe district courts.

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(d) Provision may be made by law for judgespro tem of the district court.

(e) The supreme court or any justice thereofshall have the power to assign judges of districtcourts temporarily to other districts.

(f) The supreme court may assign a districtjudge to serve temporarily on the supreme court.


§ 7. Qualifications of justices and judges.Justices of the supreme court and judges of thedistrict courts shall be at least thirty years of ageand shall be duly authorized by the supreme courtof Kansas to practice law in the courts of this stateand shall possess such other qualifications as maybe prescribed by law.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.55; original subject matter eliminated and presentsubstituted, L. 1972, ch. 392, § 1; Nov. 7, 1972.

§ 8. Prohibition of political activity byjustices and certain judges. No justice of thesupreme court who is appointed or retained underthe procedure of section 5 of this article, nor anyjudge of the district court holding office under anonpartisan method authorized in subsection (a) ofsection 6 of this article, shall directly or indirectlymake any contribution to or hold any office in apolitical party or organization or take part in anypolitical campaign.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.55; L. 1905, ch. 544, § 1; original subject mattereliminated and present substituted, L. 1972, ch.392, § 1; Nov. 7, 1972.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.55; eliminated by revision, L. 1972, ch. 392, § 1;Nov. 7, 1972.




1859; ratified by electors, Oct. 4, 1859; L. 1861, p.55; stricken from article, L. 1957, ch. 234, § 1;Nov. 4, 1958.

§ 12. Extension of terms until successorqualified. All judicial officers shall hold theiroffices until their successors shall have qualified.


§ 13. Compensation of justices andjudges; certain limitation. The justices of thesupreme court and judges of the district courtsshall receive for their services such compensationas may be provided by law, which shall not bediminished during their terms of office, unless bygeneral law applicable to all salaried officers ofthe state. Such justices or judges shall receive nofees or perquisites nor hold any other office ofprofit or trust under the authority of the state, orthe United States except as may be provided bylaw, or practice law during their continuance inoffice.




§ 15. Removal of justices and judges.Justices of the supreme court may be removedfrom office by impeachment and conviction asprescribed in article 2 of this constitution. In addi-tion to removal by impeachment and conviction,justices may be retired after appropriate hearing,upon certification to the governor, by the supremecourt nominating commission that such justice isso incapacitated as to be unable to performadequately his duties. Other judges shall be sub-ject to retirement for incapacity, and to discipline,suspension and removal for cause by the supremecourt after appropriate hearing.

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§ 16. Savings clause. Nothing contained inthis amendment to the constitution shall: (a)Shorten the term of office or abolish the office ofany justice of the supreme court, any judge of thedistrict court, or any other judge of any other courtwho is holding office at the time this amendmentbecomes effective, or who is holding office at thetime of adoption, rejection, or resubmission of anonpartisan method of selection of district judgesas provided in subsection (a) of section 6 hereof,and all such justices and judges shall hold theirrespective offices for the terms for which electedor appointed unless sooner removed in the mannerprovided by law; (b) repeal any statute of this staterelating to the supreme court, the supreme courtnominating commission, district courts, or anyother court, or relating to the justices or judges ofsuch courts, and such statutes shall remain in forceand effect until amended or repealed by the legis-lature.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.56; original subject matter stricken and newsubject substituted by revision, L. 1972, ch. 392, §1; Nov. 7, 1972.




1859; ratified by electors, Oct. 4, 1859; L. 1861, p.56; stricken from article, L. 1957, ch. 234, § 1;Nov. 4, 1958.




1859; ratified by electors, Oct. 4, 1859; L. 1861, p.

57; eliminated by revision, L. 1972, ch. 392, § 1;Nov. 7, 1972.

Article 4.—ELECTIONS

§ 1. Mode of voting. All elections by thepeople shall be by ballot or voting device, or both,as the legislature shall by law provide.


§ 2. General elections. General electionsshall be held biennially on the Tuesday succeedingthe first Monday in November in even-numberedyears. Not less than three county commissionersshall be elected in each organized county in thestate, as provided by law.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.57; L. 1901, ch. 424, § 1; L. 1964, ch. 24—Bud.Session; L. 1968, ch. 97, § 1; L. 1974, ch. 463, §1; Nov. 5, 1974.

§ 3. Recall of elected officials. All electedpublic officials in the state, except judicialofficers, shall be subject to recall by voters of thestate or political subdivision from which elected.Procedures and grounds for recall shall be pre-scribed by law.

History: L. 1913, ch. 336, § 1; L. 1974, ch.463, § 1; Nov. 5, 1974.


revision, L. 1974, ch. 463; Nov. 5, 1974.


revision, L. 1974, ch. 463; Nov. 5, 1974.

Article 5.—SUFFRAGE

§ 1. Qualifications of electors. Every citizenof the United States who has attained the age ofeighteen years and who resides in the voting areain which he or she seeks to vote shall be deemed aqualified elector. Laws of this state relating to vot-ing for presidential electors and candidates for theoffice of president and vice-president of theUnited States shall comply with the laws of theUnited States relating thereto. A citizen of the

25

United States, who is otherwise qualified to votein Kansas for presidential electors and candidatesfor the offices of president and vice-president ofthe United States may vote for such officers eitherin person or by absentee ballot notwithstandingthe fact that such person may have become a non-resident of this state if his or her removal from thisstate occurs during a period in accordance withfederal law next preceding such election. A personwho is otherwise a qualified elector may vote inthe voting area of his or her former residenceeither in person or by absentee ballot notwith-standing the fact that such person may havebecome a nonresident of such voting area during aperiod prescribed by law next preceding the elec-tion at which he or she seeks to vote, if his newresidence is in another voting area in the state ofKansas.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861,p.57; L. 1917, ch. 353, § 1; L. 1962, ch. 33, § 1; L.1971, ch. 351, § 1; L. 1974, ch. 462, § 1; Aug. 6,1974.

§ 2. Disqualification to vote. The legislaturemay, by law, exclude persons from voting becauseof commitment to a jail or penal institution. Noperson convicted of a felony under the laws of anystate or of the United States, unless pardoned orrestored to his civil rights, shall be qualified tovote.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.57; Senate Journal of 1867, p. 550; L. 1974, ch.462, § 1; L. 2010, ch 174, § 1; Nov. 2, 2010.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.57; L. 1864, ch. 45, § 1; eliminated by revision, L.1974, ch. 462, § 1; Aug. 6, 1974.

§ 4. Proof of right to vote. The legislatureshall provide by law for proper proofs of the rightof suffrage.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.58; L. 1974, ch. 462, § 1; Aug. 6, 1974.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.58; Repealed, L. 1972, ch. 393, § 1; Aug. 1, 1972.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.58; eliminated by revision, L. 1974, ch. 462, § 1;Aug. 6, 1974.

§ 7. Privileges of elector. Electors, duringtheir attendance at elections, and in going to andreturning therefrom, shall be privileged fromarrest in all cases except felony or breach of thepeace.


§ 8.History: L. 1911, ch. 337, § 1; eliminated by

revision, L. 1974, ch. 462, § 1; Aug. 6, 1974.

Article 6.—EDUCATION

§ 1. Schools and related institutions andactivities. The legislature shall provide for intel-lectual, educational, vocational and scientificimprovement by establishing and maintainingpublic schools, educational institutions and relatedactivities which may be organized and changed insuch manner as may be provided by law.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.58; original subject matter stricken and newsubject substituted, L. 1966, ch. 10—Spec. Sess.;Nov. 8, 1966.

§ 2. State board of education and stateboard of regents. (a) The legislature shall providefor a state board of education which shall havegeneral supervision of public schools, educationalinstitutions and all the educational interests of thestate, except educational functions delegated bylaw to the state board of regents. The state boardof education shall perform such other duties asmay be provided by law.

(b) The legislature shall provide for a stateboard of regents and for its control and supervi-sion of public institutions of higher education.Public institutions of higher education shallinclude universities and colleges granting bacca-laureate or postbaccalaureate degrees and such

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other institutions and educational interests as maybe provided by law. The state board of regentsshall perform such other duties as may be pre-scribed by law.

(c) Any municipal university shall be oper-ated, supervised and controlled as provided bylaw.


§ 3. Members of state board of educationand state board of regents. (a) There shall be tenmembers of the state board of education withoverlapping terms as the legislature may prescribe.The legislature shall make provision for ten mem-ber districts, each comprised of four contiguoussenatorial districts. The electors of each memberdistrict shall elect one person residing in the dis-trict as a member of the board. The legislatureshall prescribe the manner in which vacanciesoccurring on the board shall be filled.

(b) The state board of regents shall have ninemembers with overlapping terms as the legislaturemay prescribe. Members shall be appointed by thegovernor, subject to confirmation by the senate.One member shall be appointed from each con-gressional district with the remaining membersappointed at large, however, no two members shallreside in the same county at the time of theirappointment. Vacancies occurring on the boardshall be filled by appointment by the governor asprovided by law.

(c) Subsequent redistricting shall not disqual-ify any member of either board from service forthe remainder of his term. Any member of eitherboard may be removed from office for cause asmay be provided by law.


§ 4. Commissioner of education. The stateboard of education shall appoint a commissionerof education who shall serve at the pleasure of theboard as its executive officer.

History: Adopted by convention, July 29,

1859; ratified by electors, Oct. 4, 1859; L. 1861, p.58; original subject matter stricken and newsubject substituted, L. 1966, ch. 10—Spec. Sess.;Nov. 8, 1966.

§ 5. Local public schools. Local publicschools under the general supervision of the stateboard of education shall be maintained, developedand operated by locally elected boards. Whenauthorized by law, such boards may make andcarry out agreements for cooperative operationand administration of educational programs underthe general supervision of the state board of edu-cation, but such agreements shall be subject tolimitation, change or termination by the legis-lature.


§ 6. Finance. (a) The legislature may levy apermanent tax for the use and benefit of state insti-tutions of higher education and apportion amongand appropriate the same to the several institu-tions, which levy, apportionment and appropri-ation shall continue until changed by statute. Fur-ther appropriation and other provision for financeof institutions of higher education may be made bythe legislature.

(b) The legislature shall make suitable provi-sion for finance of the educational interests of thestate. No tuition shall be charged for attendance atany public school to pupils required by law toattend such school, except such fees or supple-mental charges as may be authorized by law. Thelegislature may authorize the state board ofregents to establish tuition, fees and charges atinstitutions under its supervision.

(c) No religious sect or sects shall control anypart of the public educational funds.


§ 7. Savings clause. (a) All laws in force atthe time of the adoption of this amendment andconsistent therewith shall remain in full force and

27

effect until amended or repealed by the legislature.All laws inconsistent with this amendment, unlesssooner repealed or amended to conform with thisamendment, shall remain in full force and effectuntil July 1, 1969.

(b) Notwithstanding any other provision ofthe constitution to the contrary, no state superin-tendent of public instruction or county superin-tendent of public instruction shall be elected afterJanuary 1, 1967.

(c) The state perpetual school fund or any partthereof may be managed and invested as providedby law or all or any part thereof may be appropri-ated, both as to principal and income, to the sup-port of the public schools supervised by the stateboard of education.



1859; ratified by electors, Oct. 4, 1859; L. 1861, p.59; eliminated by amendment, L. 1966, ch. 10—Spec. Sess.; Nov. 8, 1966.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.59; eliminated by amendment, L. 1966, ch. 10—Spec. Sess.; Nov. 8, 1966.


amendment, L. 1966, ch. 10—Spec. Sess.; Nov. 8,1966.

Article 7.—PUBLIC INSTITUTIONS ANDWELFARE

§ 1. Benevolent institutions. Institutions forthe benefit of mentally or physically incapacitatedor handicapped persons, and such other benevol-ent institutions as the public good may require,shall be fostered and supported by the state, sub-ject to such regulations as may be prescribed bylaw.






§ 4. Aged and infirm persons; financialaid; state participation. The respective countiesof the state shall provide, as may be prescribed bylaw, for those inhabitants who, by reason of age,infirmity or other misfortune, may have claimsupon the aid of society. The state may participatefinancially in such aid and supervise and controlthe administration thereof.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1936,ch. 4; L. 1972, ch. 394, § 1; Aug. 1, 1972.

§ 5. Unemployment compensation; old-agebenefits; taxation. The state may provide by lawfor unemployment compensation and contributoryold-age benefits and may tax employers andemployees therefor; and the restrictions and limit-ations of section 24 of article 2, and section 1 ofarticle 11 of the constitution shall not be construedto limit the authority conferred by this amend-ment. No direct ad valorem tax shall be laid onreal or personal property for such purposes.

History: L. 1936, ch. 5; L. 1972, ch. 394, § 1;Aug. 1, 1972.

§ 6. Tax levy for certain institutions. Thelegislature may levy a permanent tax for the cre-ation of a building fund for institutions caring forthose who are mentally ill, retarded, visually han-dicapped, with a handicapping hearing loss, tuber-cular or for children who are dependent, neglectedor delinquent and in need of residential institu-tional care or treatment and for institutions primar-ily designed to provide vocational rehabilitationfor handicapped persons, and the legislature shallapportion among and appropriate the same to theseveral institutions, which levy, apportionmentand appropriation shall continue until changed bystatute. Nothing herein contained shall prevent

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such further appropriation by the legislature asmay be deemed necessary from time to time forthe needs of said charitable and benevolent institu-tions. Nothing in this amendment shall repeal anystatute of this state enacted prior to this amend-ment, and any levy, apportionment or appropri-ation made under authority of this section beforeits amendment, and any statute making the same,shall remain in full force and effect until amendedor repealed by the legislature.

History: L. 1951, ch. 267, § 1; L. 1972, ch.394, § 1; Aug. 1, 1972.

Article 8.—MILITIA

§ 1. Composition; exemption. The militiashall be composed of all able-bodied male citizensbetween the ages of twenty-one and forty-fiveyears, except such as are exempted by the laws ofthe United States or of this state; but all citizens ofany religious denomination whatever who fromscruples of conscience may be adverse to bearingarms shall be exempted therefrom, upon such con-ditions as may be prescribed by law.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.60; L. 1887, p. 339; Nov. 6, 1888.

§ 2. Organization. The legislature shallprovide for organizing, equipping and discipliningthe militia in such manner as it shall deem expedi-ent, not incompatible with the laws of the UnitedStates.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.60; Jan. 29, 1861.

§ 3. Officers. Officers of the militia shall beelected or appointed, and commissioned in suchmanner as may be provided by law.


§ 4. Commander in chief. The governorshall be commander in chief, and shall have powerto call out the militia to execute the laws, to sup-press insurrection, and to repel invasion.


Article 9.—COUNTY AND TOWNSHIPORGANIZATION

§ 1. Counties. The legislature shall providefor organizing new counties, locating county seats,and changing county lines; but no county seatshall be changed without the consent of a majorityof the electors of the county; nor any countyorganized, nor the lines of any county changed soas to include an area of less than four hundred andthirty-two square miles.


§ 2. County and township officers. Thelegislature shall provide for such county and town-ship officers as may be necessary.



1859; ratified by electors, Oct. 4, 1859; L. 1861, p.61; L. 1876, ch. 129, § 1; stricken fromconstitution, L. 1901, ch. 424, § 1; Nov. 4, 1902.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.61; stricken from constitution, L. 1901, ch. 424, §1; Nov. 4, 1902.

§ 5. Removal of officers. All county andtownship officers may be removed from office, insuch manner and for such cause, as shall be pre-scribed by law.


Article 10.—APPORTIONMENT OF THELEGISLATURE

§ 1. Reapportionment of senatorial andrepresentative districts. (a) At its regular sessionin 1989, the legislature shall by law reapportionthe state representative districts, the state senat-orial districts or both the state representative andsenatorial districts upon the basis of the latestcensus of the inhabitants of the state taken by

29

authority of chapter 61 of the 1987 Session Lawsof Kansas. At its regular session in 1992, and at itsregular session every tenth year thereafter, thelegislature shall by law reapportion the state senat-orial districts and representative districts on thebasis of the population of the state as establishedby the most recent census of population taken andpublished by the United States bureau of thecensus. Senatorial and representative districts shallbe reapportioned upon the basis of the populationof the state adjusted: (1) To exclude nonresidentmilitary personnel stationed within the state andnonresident students attending colleges and uni-versities within the state; and (2) to include milit-ary personnel stationed within the state who areresidents of the state and students attending col-leges and universities within the state who are res-idents of the state in the district of their permanentresidence. Bills reapportioning legislative districtsshall be published in the Kansas register immedi-ately upon final passage and shall be effective forthe next following election of legislators andthereafter until again reapportioned.

(b) Within 15 days after the publication of anact reapportioning the legislative districts withinthe time specified in (a), the attorney general shallpetition the supreme court of the state to determinethe validity thereof. The supreme court, within 30days from the filing of the petition, shall enter itsjudgment. Should the supreme court determinethat the reapportionment statute is invalid, thelegislature shall enact a statute of reapportionmentconforming to the judgment of the supreme courtwithin 15 days.

(c) Upon enactment of a reapportionment toconform with a judgment under (b), the attorneygeneral shall apply to the supreme court of thestate to determine the validity thereof. Thesupreme court, within 10 days from the filing ofsuch application, shall enter its judgment. Shouldthe supreme court determine that the reapportion-ment statute is invalid, the legislature shall againenact a statute reapportioning the legislative dis-tricts in compliance with the direction of and con-forming to the mandate of the supreme courtwithin 15 days after entry thereof.

(d) Whenever a petition or application is filedunder this section, the supreme court, in accord-ance with its rules, shall permit interested personsto present their views.

(e) A judgment of the supreme court of thestate determining a reapportionment to be validshall be final until the legislative districts are againreapportioned in accordance herewith.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.61; L. 1974, Ch. 457, § 1; L. 1988, ch. 405, Nov.8, 1988.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.61; eliminated by revision, L. 1974, Ch. 457, § 1;Aug. 6, 1974.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.61; repealed, L. 1972, Ch. 395, § 1; Aug. 1, 1972.

Article 11.—FINANCE AND TAXATION

§ 1. System of taxation; classification; ex-emption. (a) The provisions of this subsectionshall govern the assessment and taxation of prop-erty on and after January 1, 2013, and each yearthereafter. Except as otherwise hereinafter spe-cifically provided, the legislature shall provide fora uniform and equal basis of valuation and rate oftaxation of all property subject to taxation. Thelegislature may provide for the classification andthe taxation uniformly as to class of recreationalvehicles and watercraft, as defined by the legis-lature, or may exempt such class from propertytaxation and impose taxes upon another basis inlieu thereof. The provisions of this subsectionshall not be applicable to the taxation of motorvehicles, except as otherwise hereinafter specific-ally provided, mineral products, money, mort-gages, notes and other evidence of debt and grain.Property shall be classified into the followingclasses for the purpose of assessment and assessedat the percentage of value prescribed therefor:

Class 1 shall consist of real property. Real prop-erty shall be further classified into seven sub-classes. Such property shall be defined by law forthe purpose of subclassification and assessed uni-formly as to subclass at the following percentagesof value:

(1) Real property used for residential purposes includingmulti-family residential real property and real propertynecessary to accommodate a residential community of

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mobile or manufactured homes including the realproperty upon which such homes are located .... 11½%

(2) Land devoted to agricultural use which shall be valuedupon the basis of its agricultural income or agriculturalproductivity pursuant to section 12 of article 11 of theconstitution ........................................................... 30%

(3) Vacant lots ............................................................. 12%(4) Real property which is owned and operated by a not-

for-profit organization not subject to federal incometaxation pursuant to section 501 of the federal internalrevenue code, and which is included in this subclassby law ................................................................... 12%

(5) Public utility real property, except railroad realproperty which shall be assessed at the average ratethat all other commercial and industrial property isassessed ................................................................. 33%

(6) Real property used for commercial and industrialpurposes and buildings and other improvementslocated upon land devoted to agricultural use ...... 25%

(7) All other urban and rural real property not otherwisespecifically subclassified ...................................... 30%

Class 2 shall consist of tangible personal prop-erty. Such tangible personal property shall be fur-ther classified into six subclasses, shall be definedby law for the purpose of subclassification andassessed uniformly as to subclass at the followingpercentages of value:

(1) Mobile homes used for residential purposes ...... 11½%(2) Mineral leasehold interests except oil leasehold

interests the average daily production from which isfive barrels or less, and natural gas leasehold intereststhe average daily production from which is 100 mcf orless, which shall be assessed at 25% .................... 30%

(3) Public utility tangible personal property includinginventories thereof, except railroad personal propertyincluding inventories thereof, which shall be assessedat the average rate all other commercial and industrialproperty is assessed .............................................. 33%

(4) All categories of motor vehicles not defined andspecifically valued and taxed pursuant to law enactedprior to January 1, 1985 ........................................ 30%

(5) Commercial and industrial machinery and equipmentwhich, if its economic life is seven years or more,shall be valued at its retail cost when new less seven-year straight-line depreciation, or which, if itseconomic life is less than seven years, shall be valuedat its retail cost when new less straight-linedepreciation over its economic life, except that, thevalue so obtained for such property, notwithstandingits economic life and as long as such property is beingused, shall not be less than 20% of the retail cost whennew of such property ............................................ 25%

(6) All other tangible personal property not otherwisespecifically classified ............................................ 30%

(b) All property used exclusively for state,county, municipal, literary, educational, scientific,religious, benevolent and charitable purposes,farm machinery and equipment, merchants' andmanufacturers' inventories, other than public util-ity inventories included in subclass (3) of class 2,

livestock, and all household goods and personaleffects not used for the production of income, shallbe exempted from property taxation.

History: Adopted by Convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.62; L. 1923, ch. 255, § 1; L. 1963, ch. 459, § 1; L.1974, ch. 460, § 1; L. 1985, ch. 364, § 1; L. 1992,ch. 342, § 1; L. 2012, ch. 180, § 1; Nov. 6, 2012.

§ 2. Taxation of incomes. The state shallhave power to levy and collect taxes on incomesfrom whatever source derived, which taxes may begraduated and progressive.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.62; combined into § 1 by revision, L. 1923, ch.255, § 1; new section adopted, L. 1931, ch. 300, §1; Nov. 8, 1932.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.62; L. 1875, ch. 140, § 1; transferred andrenumbered as § 4, L. 1931, ch. 300, § 2; Nov. 8,1932.

§ 4. Revenue for current expenses. Thelegislature shall provide, at each regular session,for raising sufficient revenue to defray the currentexpenses of the state for two years.

History: Originally adopted by convention as§ 3, July 29, 1859; ratified by electors, Oct. 4,1859; L. 1861, p. 62; L. 1875, ch. 140, § 1;renumbered as § 4, L. 1931, ch. 300, § 2; Nov. 8,1932.

§ 5. Object of tax. No tax shall be leviedexcept in pursuance of a law, which shall dis-tinctly state the object of the same; to which objectonly such tax shall be applied.

History: Originally adopted by convention as§ 4, July 29, 1859; ratified by electors, Oct. 4,1859; L. 1861, p. 62; renumbered as § 5, L. 1931,ch. 300, § 2; Nov. 8, 1932.

§ 6. State debts; annual tax; proceeds. Forthe purpose of defraying extraordinary expensesand making public improvements, the state maycontract public debts; but such debts shall never,in the aggregate, exceed one million dollars,except as hereinafter provided. Every such debt

31

shall be authorized by law for some purpose spe-cified therein, and the vote of a majority of all themembers elected to each house, to be taken by theyeas and nays, shall be necessary to the passage ofsuch law; and every such law shall provide forlevying an annual tax sufficient to pay the annualinterest of such debt, and the principal thereof,when it shall become due; and shall specificallyappropriate the proceeds of such taxes to the pay-ment of such principal and interest; and suchappropriation shall not be repealed nor the taxespostponed or diminished, until the interest andprincipal of such debt shall have been wholly paid.


§ 7. Election on indebtedness. No debt shallbe contracted by the state except as hereinprovided, unless the proposed law for creatingsuch debt shall first be submitted to a direct voteof the electors of the state at some general elec-tion; and if such proposed law shall be ratified bya majority of all the votes cast at such generalelection, then it shall be the duty of the legislaturenext after such election to enact such law and cre-ate such debt, subject to all the provisions andrestrictions provided in the preceding section ofthis article.

History: Originally adopted by convention as§ 6, July 29, 1859; ratified by electors, Oct. 4,1859; L. 1861, p. 63; renumbered as § 7, L. 1931,ch. 300, § 2; Nov. 8, 1932

§ 8. Borrowing money by state. The statemay borrow money to repel invasion, suppressinsurrection, or defend the state in time of war; butthe money thus raised, shall be applied exclusivelyto the object for which the loan was authorized, orto the repayment of the debt thereby created.


§ 9. Internal improvements; state highwaysystem; flood control; conservation or develop-ment of water resources. The state shall never bea party in carrying on any work of internalimprovement except that: (1) It may adopt, con-

struct, reconstruct and maintain a state system ofhighways, but no general property tax shall everbe laid nor general obligation bonds issued by thestate for such highways; (2) it may be a party toflood control works and works for the conserva-tion or development of water resources; (3) it may,for the purpose of stimulating economic develop-ment and private sector job creation in all areas ofthe state, participate in the development of a capitalformation system and have a limited role in suchsystem through investment of state funds author-ized in accordance with law; (4) it may be a partyto any work of internal improvement, wheneverany work of internal improvement not authorizedby (1), (2) or (3) is once authorized by a separatebill passed by the affirmative vote of not less thantwo-thirds of all members then elected (or appoin-ted) and qualified to each house, but no generalproperty tax shall ever be laid nor general obliga-tion bonds be issued by the state therefor; and (5) itmay expend funds received from the federal gov-ernment for any public purpose in accordance withthe federal law authorizing the same.

History: Originally adopted by convention as§ 8, July 29, 1859; ratified by electors, Oct. 4,1859; L. 1861, p. 63; L. 1919, ch. 331, § 2; L.1928, ch. 3—Spec. Sess.; renumbered as § 9, L.1931, ch. 300, § 2; L. 1957, ch. 236, § 1; L. 1980,ch. 350, § 1; L. 1986, ch. 432, § 1; Aug. 5, 1986.

§ 10. Special taxes for highway purposes.The state shall have power to levy special taxes,for road and highway purposes, on motor vehiclesand on motor fuels.

History: Originally adopted as § 9, L. 1928,ch. 4—Spec. Sess.; renumbered as § 10, L. 1931,ch. 300, § 2; Nov. 6, 1928.

§ 11. Taxation of incomes; adoption offederal laws by reference. In enacting any lawunder section 2 of this article 11, the legislaturemay at any regular, budget or special sessiondefine income by reference to or otherwise adoptby reference all or any part of the laws of theUnited States as they then exist, and, prospect-ively, as they may thereafter be amended orenacted, with such exceptions, additions or modi-fications as the legislature may determine then orthereafter at any such legislative sessions.

History: L. 1966, ch. 14—Spec. Sess.; Nov.8, 1966.

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§ 12. Assessment and taxation of landdevoted to agricultural use. Land devoted toagricultural use may be defined by law and valuedfor ad valorem tax purposes upon the basis of itsagricultural income or agricultural productivity,actual or potential, and when so valued such landshall be assessed at the same percent of value andtaxed at the same rate as real property subject tothe provisions of section 1 of this article. Thelegislature may, if land devoted to agricultural usechanges from such use, provide for the recoup-ment of a part or all of the difference between theamount of the ad valorem taxes levied upon suchland during a part or all of the period in which itwas valued in accordance with the provisions ofthis section and the amount of ad valorem taxeswhich would have been levied upon such land dur-ing such period had it not been in agricultural useand had it been valued, assessed and taxed inaccordance with section 1 of this article.

History: L. 1975, ch. 516, § 1; Nov. 2, 1976.

§ 13. Exemption of property for economicdevelopment purposes; procedure; limitations.(a) The board of county commissioners of anycounty or the governing body of any city may, byresolution or ordinance, as the case requires,exempt from all ad valorem taxation all or anyportion of the appraised valuation of: (1) All build-ings, together with the land upon which suchbuildings are located, and all tangible personalproperty associated therewith used exclusively bya business for the purpose of: (A) Manufacturingarticles of commerce; (B) conducting research anddevelopment; or (C) storing goods or commoditieswhich are sold or traded in interstate commerce,which commences operations after the date onwhich this amendment is approved by the electorsof this state; or (2) all buildings, or addedimprovements to buildings constructed after thedate on which this amendment is approved by theelectors of this state, together with the land uponwhich such buildings or added improvements arelocated, and all tangible personal property pur-chased after such date and associated therewith,used exclusively for the purpose of: (A) Manufac-turing articles of commerce; (B) conductingresearch and development; or (C) storing goods orcommodities which are sold or traded in interstatecommerce, which is necessary to facilitate the

expansion of any such existing business if, as aresult of such expansion, new employment is cre-ated.

(b) Any ad valorem tax exemption grantedpursuant to subsection (a) shall be in effect for notmore than 10 calendar years after the calendaryear in which the business commences its opera-tions or the calendar year in which expansion ofan existing business is completed, as the caserequires.

(c) The legislature may limit or prohibit theapplication of this section by enactment uniformlyapplicable to all cities or counties.

(d) The provisions of this section shall not beconstrued to affect exemptions of property from advalorem taxation granted by this constitution or byenactment of the legislature, or to affect theauthority of the legislature to enact additionalexemptions of property from ad valorem taxationfound to have a public purpose and promote thegeneral welfare.

History: L. 1986, ch. 423; Aug. 5, 1986.

Article 12.—CORPORATIONS

§ 1. Corporate powers. The legislature shallpass no special act conferring corporate powers.Corporations may be created under general laws;but all such laws may be amended or repealed.


§ 2. Liability of stockholders. Dues fromcorporations shall be secured by the individualliability of the stockholders to the amount of stockowned by each stockholder, and such other meansas shall be provided by law; but such individualliability shall not apply to railroad corporationsnor corporations for religious or charitable pur-poses.



1859; ratified by electors, Oct. 4, 1859; L. 1861, p.63; repealed, L. 1974, ch. 456, § 1; Aug. 6, 1974.

§ 4. Rights of way; eminent domain. No

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right of way shall be appropriated to the use of anycorporation, until full compensation therefor befirst made in money, or secured by a deposit ofmoney, to the owner, irrespective of any benefitfrom any improvement proposed by such corpora-tion.


§ 5. Cities' powers of home rule. (a) Thelegislature shall provide by general law, applicableto all cities, for the incorporation of cities and themethods by which city boundaries may be altered,cities may be merged or consolidated and citiesmay be dissolved: Provided, That existing laws onsuch subjects not applicable to all cities on theeffective date of this amendment shall remain ineffect until superseded by general law and suchexisting laws shall not be subject to charter ordin-ance.

(b) Cities are hereby empowered to determinetheir local affairs and government including thelevying of taxes, excises, fees, charges and otherexactions except when and as the levying of anytax, excise, fee, charge or other exaction is limitedor prohibited by enactment of the legislatureapplicable uniformly to all cities of the same class:Provided, That the legislature may establish not toexceed four classes of cities for the purpose ofimposing all such limitations or prohibitions. Cit-ies shall exercise such determination by ordinancepassed by the governing body with referendumsonly in such cases as prescribed by the legislature,subject only to enactments of the legislature ofstatewide concern applicable uniformly to all cit-ies, to other enactments of the legislature applic-able uniformly to all cities, to enactments of thelegislature applicable uniformly to all cities of thesame class limiting or prohibiting the levying ofany tax, excise, fee, charge or other exaction andto enactments of the legislature prescribing limitsof indebtedness. All enactments relating to citiesnow in effect or hereafter enacted and as lateramended and until repealed shall govern citiesexcept as cities shall exempt themselves by charterordinances as herein provided for in subsection(c).

(c) (1) Any city may by charter ordinanceelect in the manner prescribed in this section that

the whole or any part of any enactment of thelegislature applying to such city, other than enact-ments of statewide concern applicable uniformlyto all cities, other enactments applicable uniformlyto all cities, and enactments prescribing limits ofindebtedness, shall not apply to such city.

(2) A charter ordinance is an ordinance whichexempts a city from the whole or any part of anyenactment of the legislature as referred to in thissection and which may provide substitute andadditional provisions on the same subject. Suchcharter ordinance shall be so titled, shall designatespecifically the enactment of the legislature or partthereof made inapplicable to such city by theadoption of such ordinance and contain the substi-tute and additional provisions, if any, and shallrequire a two-thirds vote of the members-elect ofthe governing body of such city. Every charterordinance shall be published once each week fortwo consecutive weeks in the official city newspa-per or, if there is none, in a newspaper of generalcirculation in the city.

(3) No charter ordinance shall take effect untilsixty days after its final publication. If within sixtydays of its final publication a petition signed by anumber of electors of the city equal to not lessthan ten percent of the number of electors whovoted at the last preceding regular city electionshall be filed in the office of the clerk of such citydemanding that such ordinance be submitted to avote of the electors, it shall not take effect untilsubmitted to a referendum and approved by amajority of the electors voting thereon. An elec-tion, if called, shall be called within thirty daysand held within ninety days after the filing of thepetition. The governing body shall pass an ordin-ance calling the election and fixing the date, whichordinance shall be published once each week forthree consecutive weeks in the official city news-paper or, if there be none, in a newspaper of gen-eral circulation in the city, and the election shall beconducted as elections for officers and by theofficers handling such elections. The propositionshall be: "Shall charter ordinance No.__________, entitled (title of ordinance) takeeffect?" The governing body may submit anycharter ordinance to a referendum without petitionby the same publication of the charter ordinanceand the same publication of the ordinance callingthe election as for ordinances upon petition and

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such charter ordinance shall then become effectivewhen approved by a majority of the electors vot-ing thereon. Each charter ordinance becomingeffective shall be recorded by the clerk in a bookmaintained for that purpose with a statement of themanner of adoption and a certified copy shall befiled with the secretary of state, who shall keep anindex of the same.

(4) Each charter ordinance enacted shall con-trol and prevail over any prior or subsequent act ofthe governing body of the city and may berepealed or amended only by charter ordinance orby enactments of the legislature applicable to allcities.

(d) Powers and authority granted cities pursu-ant to this section shall be liberally construed forthe purpose of giving to cities the largest measureof self-government.

(e) This amendment shall be effective on andafter July 1, 1961.


§ 6. Definition of corporations; suits. Theterm corporations, as used in this article, shallinclude all associations and joint stock companieshaving powers and privileges not possessed byindividuals or partnerships; and all corporationsmay sue and be sued in their corporate name.


Article 13.—BANKS

§ 1. Banking laws. No bank shall be estab-lished otherwise than under a general banking law,nor be operated otherwise than by a duly organ-ized corporation.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.64; L. 1980, ch. 356; Nov. 4, 1980.

§ 2. State not to be stockholder. The stateshall not be a stockholder in any banking institu-tion, except that any retirement or pension planauthorized pursuant to the laws of this state maybe a stockholder in any banking institution.

History: Adopted by Convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.

62; L. 1923, ch. 255, § 1; L. 1963, ch. 459, § 1; L.1974, ch. 460, § 1; L. 1985, ch. 364, § 1; L. 1992,ch. 342, § 1; Nov. 3, 1992.






1859; ratified by electors, Oct. 4, 1859; L. 1861, p.64; transferred and renumbered as § 2 by revision,L. 1980, ch. 356; Nov. 4, 1980.




1859; ratified by electors, Oct. 4, 1859; L. 1861, p.64; L. 1861, ch. 16, § 1; eliminated by revision, L.1980, ch. 356; Nov. 4, 1980.





Article 14.—CONSTITUTIONALAMENDMENT AND REVISION

§ 1. Proposals by legislature; approval byelectors. Propositions for the amendment of thisconstitution may be made by concurrent resolutionoriginating in either house of the legislature, and if

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two-thirds of all the members elected (or appoin-ted) and qualified of each house shall approvesuch resolution, the secretary of state shall causesuch resolution to be published in the mannerprovided by law. At the next election for repres-entatives or a special election called by concurrentresolution of the legislature for the purpose of sub-mitting constitutional propositions, such proposi-tion to amend the constitution shall be submitted,both by title and by the amendment as a whole, tothe electors for their approval or rejection. Thetitle by which a proposition is submitted shall bespecified in the concurrent resolution making theproposition and shall be a brief nontechnical state-ment expressing the intent or purpose of the pro-position and the effect of a vote for and a voteagainst the proposition. If a majority of the elect-ors voting on any such amendment shall vote forthe amendment, the same shall become a part ofthe constitution. When more than one amendmentshall be submitted at the same election, suchamendments shall be so submitted as to enable theelectors to vote on each amendment separately.One amendment of the constitution may reviseany entire article, except the article on generalprovisions, and in revising any article, the articlemay be renumbered and all or parts of other art-icles may be amended, or amended and transferredto the article being revised. Not more than fiveamendments shall be submitted at the same elec-tion.

History: Adopted by convention, July 29,1859; ratified by electors, Oct. 4, 1859; L. 1861, p.65; L. 1970, ch. 411, § 1; L. 1980, ch. 355; Nov. 4,1980.

§ 2. Constitutional conventions; approvalby electors. The legislature, by the affirmativevote of two-thirds of all the members elected toeach house, may submit the question "Shall therebe a convention to amend or revise the constitu-tion of the state of Kansas?" or the question "Shallthere be a convention limited to revision ofarticle(s) ______ of the constitution of the state ofKansas?", to the electors at the next election forrepresentatives, and the concurrent resolutionproviding for such question shall specify in suchblank appropriate words and figures to identify thearticle or articles to be considered by the conven-tion. If a majority of all electors voting on the

question shall vote in the affirmative, delegates tosuch convention shall be elected at the next elec-tion for representatives thereafter, unless the legis-lature shall have provided by law for the electionof such delegates at a special election. The electorsof each representative district as organized at thetime of such election of delegates shall elect asmany delegates to the convention as there are rep-resentatives from such district. Such delegatesshall have the same qualifications as provided bythe constitution for members of the legislature andmembers of the legislature and candidates formembership in the legislature shall be eligible forelection as delegates to the convention. The deleg-ates so elected shall convene at the state capital onthe first Tuesday in May next following such elec-tion or at an earlier date if provided by law.

The convention shall have power to choose itsown officers, appoint and remove its employeesand fix their compensation, determine its rules,judge the qualifications of its members, and carryon the business of the convention in an orderlymanner. Each delegate shall receive such com-pensation as provided by law. A vacancy in theoffice of any delegate shall be filled as providedby law.

The convention shall have power to amend orrevise all or that part of the constitution indicatedby the question voted upon to call the convention,subject to ratification by the electors. No proposedconstitution, or amendment or revision of an exist-ing constitution, shall be submitted by the conven-tion to the electors unless it has been available tothe delegates in final form at least three days onwhich the convention is in session, prior to finalpassage, and receives the assent of a majority ofall the delegates. The yeas and nays upon finalpassage of any proposal, and upon any questionupon request of one-tenth of the delegates present,shall be entered in the journal of the convention.

Proposals of the convention shall be submittedto the electors at the first general or specialstatewide election occurring not less than twomonths after final action thereon by the conven-tion, and shall take effect in accordance with theprovisions thereof in such form and with suchnotice as is directed by the convention uponreceiving the approval of a majority of the quali-fied electors voting thereon.

History: Adopted by convention, July 29,

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1859; ratified by electors, Oct. 4, 1859; L. 1861, p.65; L. 1970, ch. 411, § 1; Nov. 3, 1970.

Article 15.—MISCELLANEOUS

§ 1. Selection of officers. All officers whoseelection or appointment is not otherwise providedfor, shall be chosen or appointed as may be pre-scribed by law.


§ 2. Tenure of office; merit system in civilservice. The tenure of any office not hereinprovided for may be declared by law; when not sodeclared, such office shall be held during thepleasure of the authority making appointment, butthe legislature shall not create any office the ten-ure of which shall be longer than four years,except that appointments under a merit system incivil service shall not be subject to such limitation.The legislature may make provisions for a meritsystem under which appointments and promotionsin the civil service of this state and all civil divi-sions thereof, shall be made according to meritand fitness, to be determined, so far as practicable,by examination, which, so far as practicable, shallbe competitive.


§ 3. Lotteries. Lotteries and the sale of lot-tery tickets are forever prohibited.


§ 3a. Regulation, licensing and taxation of"bingo" games authorized. Notwithstanding theprovisions of section 3 of article 15 of the consti-tution of the state of Kansas the legislature mayregulate, license and tax the operation or conductof games of bingo and instant bingo, as defined bylaw, by bona fide nonprofit religious, charitable,fraternal, educational and veterans organizations.

History: L. 1974, ch. 461, § 1; L. 1995, ch.275; Apr. 4, 1995.

§ 3b. Regulation, licensing and taxation of

horse and dog racing and parimutuel wageringthereon. Notwithstanding the provisions of sec-tion 3 of article 15 of the constitution of the stateof Kansas, the legislature may permit, regulate,license and tax, at a rate not less than 3% nor morethan 6% of all money wagered, the operation orconduct, by bona fide nonprofit organizations, ofhorse and dog racing and parimutuel wageringthereon in any county in which: (a) A majority ofthe qualified electors of the county voting thereonapprove this proposed amendment; or (b) the qual-ified electors of the county approve a proposition,by a majority vote of those voting thereon at anelection held within the county, to permit suchracing and wagering within the boundaries of thecounty. No off-track betting shall be permitted inconnection with horse and dog racing permittedpursuant to this section.

History: L. 1986, ch. 416; Nov. 4, 1986.

§ 3c. State-owned and operated lottery.Notwithstanding the provisions of section 3 of art-icle 15 of the constitution of the state of Kansas,the legislature may provide for a state-owned andoperated lottery, except that such state-owned lot-tery shall not be operated after June 30, 1990,unless authorized to be operated after such date bya concurrent resolution approved by a majority ofall of the members elected (or appointed) and qual-ified of each house and adopted in the 1990 regularsession of the legislature. The state shall wheneverpossible provide the public information on the oddsof winning a prize or prizes in a lottery game.

History: L. 1986, ch. 414; Nov. 4, 1986.


1859; ratified by electors, Oct. 4, 1859; L. 1861, p.66; L. 1868, (1868 senate journal, p. 336); 1903S.C.R. 20, L. 1905, ch. 545, § 1; repealed, L.1974, ch. 464, § 1; Nov. 5, 1974.

§ 5. Financial statements; publication. Anaccurate and detailed statement of the receipts andexpenditures of the public moneys, and the severalamounts paid, to whom, and on what account,shall be published, as prescribed by law.


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§ 6. Rights of women. The legislature shallprovide for the protection of the rights of women,in acquiring and possessing property, real, per-sonal and mixed, separate and apart from the hus-band; and shall also provide for their equal rightsin the possession of their children.


§ 7. Salaries reduced for neglect of duty.The legislature may reduce the salaries of officers,who shall neglect the performance of any legalduty.


§ 8. Location of state capital. The tempor-ary seat of government is hereby located at thecity of Topeka, county of Shawnee. The first legis-lature under this constitution shall provide by lawfor submitting the question of the permanent loca-tion of the capital to a popular vote, and a majorityof all the votes cast at some general election shallbe necessary for such location.


§ 9. Homestead exemption. A homestead tothe extent of one hundred and sixty acres of farm-ing land, or of one acre within the limits of anincorporated town or city, occupied as a residenceby the family of the owner, together with all theimprovements on the same, shall be exemptedfrom forced sale under any process of law, andshall not be alienated without the joint consent ofhusband and wife, when that relation exists; but noproperty shall be exempt from sale for taxes, or forthe payment of obligations contracted for the pur-chase of said premises, or for the erection ofimprovements thereon: Provided, That provisionsof this section shall not apply to any process oflaw obtained by virtue of a lien given by the con-sent of both husband and wife: And provided fur-ther, That the legislature by an appropriate act oracts, clearly framed to avoid abuses, may providethat when it is shown the husband or wife whileoccupying a homestead is adjudged to be insane,the duly appointed guardian of the insane spouse

may be authorized to join with the sane spouse inexecuting a mortgage upon the homestead, renew-ing or refinancing an encumbrance thereon whichis likely to cause its loss, or in executing a leasethereon authorizing the lessee to explore and pro-duce therefrom oil, gas, coal, lead, zinc, or otherminerals.


§ 10. Intoxicating liquors. (a) The legis-lature may provide for the prohibition of intoxicat-ing liquors in certain areas.

(b) The legislature may regulate, license andtax the manufacture and sale of intoxicatingliquors, and may regulate the possession and trans-portation of intoxicating liquors.

(c) The sale of intoxicating liquor by the indi-vidual drink in public places is prohibited, exceptthat the legislature may permit, regulate, licenseand tax the sale of intoxicating liquor by the drinkin public places in a county where the qualifiedelectors of the county approve, by a majority voteof those voting on this proposition, to adopt thisproposition, but such sales shall be limited to: (1)Public places where gross receipts from sales offood for consumption on the premises constitutenot less than 30% of the gross receipts from allsales of food and beverages on such premises; or(2) public places for which a temporary permit hasbeen issued as authorized by law.

At any subsequent general election, the legis-lature may provide by law for the submission ofpropositions to qualified electors of counties for:(1) The prohibition of sales of intoxicating liquorby the individual drink in public places within thecounty; (2) the regulation, licensing, taxing andsale of intoxicating liquor by the drink in publicplaces within the county without a requirementthat any portion of their gross receipts be derivedfrom the sale of food; or (3) the regulation, licens-ing, taxing and sale of intoxicating liquor by thedrink in public places within the county whichderive not less than 30% of their gross receiptsfrom the sale of food for consumption on thepremises. Temporary permits for the sale of intox-icating liquor may be issued in any county inwhich the regulation, licensing, taxation and saleof intoxicating liquor by the drink in public places

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is approved pursuant to this section, but no tem-porary permit shall be issued for the sale of intox-icating liquor by the drink within any county inwhich the regulation, licensing, taxation and saleof intoxicating liquor by the drink in public placesis prohibited.

History: L. 1879, ch. 165, § 1; L. 1947, ch.248, § 1; L. 1985, ch. 360, § 1; Nov. 4, 1986.

§ 11. History: L. 1919, ch. 321, § 1; repealed, L.

1972, ch. 396, § 1; Aug. 1, 1972.

§ 12. Membership or nonmembership inlabor organizations. No person shall be deniedthe opportunity to obtain or retain employmentbecause of membership or nonmembership in anylabor organization, nor shall the state or any subdi-vision thereof, or any individual, corporation, orany kind of association enter into any agreement,written or oral, which excludes any person fromemployment or continuation of employmentbecause of membership or nonmembership in anylabor organization.

History: L. 1957, ch. 235, § 1; Nov. 4, 1958.

§ 13. Continuity of state and local govern-mental operations. Notwithstanding any generalor special provision of this constitution, the legis-lature, in order to insure continuity of state andlocal governmental operations in periods of emer-gency resulting from disasters caused by enemyattack, shall have the power and the immediateduty (1) to provide for prompt and temporary suc-cession to the powers and duties of public offices,of whatever nature and whether filled by electionor appointment, the incumbents of which maybecome unavailable for carrying on the powersand duties of such offices, and (2) to adopt suchother measures as may be necessary and proper forinsuring the continuity of governmental operationsincluding, but not limited to, the financing thereof.In the exercise of the powers hereby conferred thelegislature shall in all respects conform to therequirements of this constitution except to theextent that in the judgment of the legislature so todo would be impracticable or would admit ofundue delay.

History: L. 1959, ch. 183, § 1; Nov. 8, 1960.

§ 14. Oaths of state officers. All state

officers before entering upon their respectiveduties shall take and subscribe an oath or affirma-tion to support the constitution of the UnitedStates and the constitution of this state, and faith-fully to discharge the duties of their respectiveoffices.

History: L. 1974, ch. 459, § 1; Nov. 5, 1974.

§ 15. Victims' rights. (a) Victims of crime,as defined by law, shall be entitled to certain basicrights, including the right to be informed of and tobe present at public hearings, as defined by law, ofthe criminal justice process, and to be heard atsentencing or at any other time deemed appropri-ate by the court, to the extent that these rights donot interfere with the constitutional or statutoryrights of the accused.

(b) Nothing in this section shall be construedas creating a cause of action for money damagesagainst the state, a county, a municipality, or anyof the agencies, instrumentalities, or employeesthereof. The legislature may provide for otherremedies to ensure adequate enforcement of thissection.

(c) Nothing in this section shall be construedto authorize a court to set aside or to void a find-ing of guilty or not guilty or an acceptance of aplea of guilty or to set aside any sentence imposedor any other final disposition in any criminal case.

History: L. 1992, ch. 343, § 1; Nov. 3,1992.

§16. Marriage. (a) The marriage contract isto be considered in law as a civil contract. Mar-riage shall be constituted by one man and onewoman only. All other marriages are declared tobe contrary to the public policy of this state andare void.(b) No relationship, other than a marriage, shallbe recognized by the state as entitling the partiesto the rights or incidents of marriage.

History: L. 2005, ch. 211, § 1; Apr. 5, 2005.

SCHEDULE

§ 1. Change from a territorial to a stategovernment. That no inconvenience may arisefrom the change from a territorial government to apermanent state government, it is declared by thisconstitution that all suits, rights, actions, prosecu-tions, recognizances, contracts, judgments and

39

claims, both as respects individuals and bodiescorporate, shall continue as if no change had takenplace.

§ 2. Penalties, forfeitures and bonds. Allfines, penalties and forfeitures, owing to the territ-ory of Kansas, or any county, shall inure to the useof the state or county. All bonds executed to theterritory, or any officer thereof, in his officialcapacity, shall pass over to the governor, or otherofficers of the state or county, and their successorsin office, for the use of the state or county, or byhim or them to be respectively assigned over tothe use of those concerned, as the case may be.

§ 3. Officers of territory. The governor, sec-retary and judges, and all other officers, both civiland military, under the territorial government,shall continue in the exercise of the duties of theirrespective departments until the said officers aresuperseded under the authority of this constitution.

§ 4. Laws. All laws and parts of laws inforce in the territory, at the time of the acceptanceof this constitution by congress, not inconsistentwith this constitution, shall continue and remain infull force until they expire, or shall be repealed.

§ 5. Seal. The governor shall use his privateseal until a state seal is provided.

§ 6. Offices at capital. The governor, secret-ary of state, auditor of state, treasurer of state,attorney general, and superintendent of publicinstruction, shall keep their respective offices atthe seat of government.

§ 7. Court records and documents. Allrecords, documents, books, papers, moneys andvouchers belonging and pertaining to the severalterritorial courts, and offices and to the several dis-tricts and county offices, at the date of the admis-sion of this state into the union, shall be disposedof in such manner as may be prescribed by law.

§ 8. Suits and proceedings. All suits, pleas,plaints and other proceedings pending in any courtof record, or justice's court, may be prosecuted tofinal judgment and execution; and all appeals,writs of error, certiorari, injunctions, or other pro-ceedings whatever, may progress and be carriedon as if this constitution had not been adopted, and

the legislature shall direct the mode in which suchsuits, pleas, plaints, prosecutions and other pro-ceedings, and all papers, records, books and docu-ments connected therewith, may be removed to thecourts established by this constitution.

§ 9. Ratification or rejection of constitu-tion. For the purpose of taking the vote of theelectors of this territory for the ratification orrejection of this constitution, an election shall beheld in the several voting precincts in this territ-ory, on the first Tuesday in October, A.D. 1859.

§ 10. Mode of voting on constitution. Eachelector shall express his assent or dissent by votinga written or printed ballot labeled "For the Consti-tution," or "Against the Constitution."

§ 11. First election under constitution. If amajority of all the votes cast at such election shallbe in favor of the constitution, then there shall bean election held in the several voting precincts onthe first Tuesday in December, A.D. 1859, for theelection of members of the first legislature, of allstate, district and county officers provided for inthis constitution, and for a representative in con-gress.

§ 12. Persons qualified to vote. All personshaving the qualification of electors, according tothe provisions of this constitution, at the date ofeach of said elections, and who shall have beenduly registered according to the provisions of theregistry law of this territory, and none others, shallbe entitled to vote at each of said elections.

§ 13. Judges of election. The persons whomay be judges of the several voting precincts ofthis territory at the date of the respective electionsin this schedule provided for, shall be the judgesof the respective elections herein provided for.

§ 14. Oath of judges; clerks. The saidjudges of election, before entering upon the dutiesof their office, shall take and subscribe an oathfaithfully to discharge their duties as such. Theyshall appoint two clerks of election, who shall besworn by one of said judges faithfully to dischargetheir duties as such. In the event of a vacancy inthe board of judges the same shall be filled by theelectors present.

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§ 15. When polls open. At each of the elec-tions provided for in this schedule the polls shallbe open between the hours of nine and ten o'clocka.m. and closed at sunset.

§ 16. Poll books. The tribunals transactingcounty business of the several counties, shallcause to be furnished to the boards of judges intheir respective counties two poll books for eachelection hereinbefore provided for, upon which theclerks shall inscribe the name of every person whomay vote at the said elections.

§ 17. Count of votes. After closing the pollsat each of the elections provided for in this sched-ule, the judges shall proceed to count the votescast, and designate the persons or objects forwhich they were cast, and shall make two correcttally lists of the same.

§ 18. Custody of poll books and tally lists.Each of the board of judges shall safely keep onepoll book and tally list, and the ballots cast at eachelection; and shall, within ten days after such elec-tion, cause the other poll book and tally list to betransmitted, by the hands of a sworn officer, to theclerk of the board transacting county business intheir respective counties, or to which the countymay be attached for municipal purposes.

§ 19. Canvass of votes; transcript. Thetribunals transacting county business shallassemble at the county seats of their respectivecounties on the second Tuesday after each of theelections provided for in this schedule, and shallcanvass the votes cast at the elections held in theseveral precincts in their respective counties, andof the counties attached for municipal purposes.They shall hold in safekeeping the poll books andtally lists of said elections, and shall, within tendays thereafter, transmit, by the hands of a swornofficer, to the president of this convention, at thecity of Topeka, a certified transcript of the same,showing the number of votes cast for each personor object voted for at each of the several precinctsin their respective counties, and in the countiesattached for municipal purposes, separately.

§ 20. State canvassers. The governor of theterritory, and the president and secretary of thisconvention shall constitute a board of state can-

vassers, any two of whom shall be a quorum; andwho shall, on the fourth Monday after each of theelections provided for in this schedule, assemble atsaid city of Topeka, and proceed to open and can-vass the votes cast at the several precincts in thedifferent counties of the Territory and declare theresult; and shall immediately issue certificates ofelection to all persons (if any) thus elected.

§ 21. Declaration of result of election. Saidboard of state canvassers shall issue their proclam-ation not less than twenty days next precedingeach of the elections provided for in this schedule.Said proclamation shall contain an announcementof the several elections, the qualifications of elect-ors, the manner of conducting said elections andof making the returns thereof, as in this constitu-tion provided, and shall publish said proclamationin one newspaper in each of the counties of theterritory in which a newspaper may be then pub-lished.

§ 22. Copies of constitution for federalauthorities. The board of state canvassers shallprovide for the transmission of authenticated cop-ies of the constitution to the president of theUnited States, the president of the senate andspeaker of the house of representatives.

§ 23. Proclamation of governor. Upon offi-cial information having been by him received ofthe admission of Kansas into the union as a state,it shall be the duty of the governor elect under theconstitution to proclaim the same and to convenethe legislature, and to do all things else necessaryto the complete and active organization of the stategovernment.

§ 24. County lines. The first legislatureshall have no power to make any changes incounty lines.

§ 25. Homestead provision At the electionto be held for the ratification or rejection of thisconstitution, each elector shall be permitted tovote on the homestead provision contained in thearticle on "Miscellaneous," by depositing a ballotinscribed "For the Homestead," or "Against theHomestead"; and if a majority of all the votes castat said election shall be against said provision,then it shall be stricken from the constitution.

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RESOLUTIONSSundry resolutions. Resolved, That the

congress of the United States is hereby requested,upon the application of Kansas for admission intothe union, to pass an act granting to the state forty-five hundred thousand acres of land to aid in theconstruction of railroads and other internalimprovements.

Resolved, That congress be further requested topass an act appropriating fifty thousand acres ofland for the improvement of the Kansas river fromits mouth to Fort Riley.

Resolved, That congress be further requested topass an act granting all swamp lands within thestate for the benefit of common schools.

Resolved, That congress be further requested topass an act appropriating five hundred thousanddollars, or in lieu thereof five hundred thousandacres of land, for the payment of the claimsawarded to citizens of Kansas by the claimcommissioners appointed by the governor andlegislature of Kansas under an act of the territoriallegislature passed 7th February, 1859.

Resolved, That the legislature shall makeprovision for the sale or disposal of the landsgranted to the state in aid of internalimprovements and for other purposes, subject tothe same rights of prermption to the settlersthereon as are now allowed by law to settlers onthe public lands.

Resolved, That it is the desire of the people ofKansas to be admitted into the union with thisconstitution.

Resolved, That congress be further requested toassume the debt of this territory.

Done in convention at Wyandotte, this 29th day

of July, A.D. 1859.

JAMES M. WINCHELL,President of the Kansas Constitutional Convention, and

Member from Osage County.

Robt. Graham, John James Ingalls,J.A. Middleton, Saml. A. Kingman,John Taylor Burris, James Blood,Wm. Hutchinson, S.O. Thatcher,N.C. Blood, Edwin Stokes,John P. Greer, John Ritchey,W.P. Dutton, Benjamin S. Simpson,Wm. McCullough, James M. Arthur,Jas. G. Blunt, Saml. E. Hoffman,J.C. Burnett, James H. Signor,Wm. R. Griffith, Robt. J. Porter,Caleb May, Luther R. Palmer,S.D. Houston, R.L. Williams,Josiah Lamb, P.H. Townsend,H.D. Preston, Allen Crocker,Edmund G. Ross, George H. Lillie.James Hanway,

JOHN A. MARTIN, Secretary.The following-named delegates to the Wyan-

dotte convention did not sign the constitution:

J.P. Slough, P.S. Parks,C.B. McClellan, E.M. Hubbard,J.W. Forman, F. Brown,J. Stiarwalt, Sam. Hipple,W.C. McDowell, S.A. Stinson,A.D. McCune, R.C. Foster,John Wright, J.T. Barton,W. Perry, B. Wrigley,E. Moore, T.S. Wright.

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