CHAPTER 12

House Bill No. 2733
(Amended by Chapter 155)

An Act concerning state elected officials and certain local government elected officials; requiring that such elected officials be and remain residents of the state and such official’s respective district; amending K.S.A. 22a-102, 25-101a, 25-2020, 40-109, 71-1414 and 80-202 and K.S.A. 2025 Supp. 25-1903 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 22a-102 is hereby amended to read as follows: 22a-102. No person shall be eligible for nomination to the office of district attorney unless such person shall have been regularly admitted to practice law in the state of Kansas for five years next preceding his nomination for such office. An attorney who shall have been a county attorney, assistant county attorney or assistant district attorney for the three years immediately preceding nomination as district attorney shall be eligible for nomination. A person so qualified may become a candidate for election to the office of district attorney by either one of the following methods:

(a) Any person who is a qualified elector of any judicial district in which a district attorney is to be elected and who is otherwise qualified under this act may petition to be a candidate for district attorney of such judicial district by filing in the office of the secretary of state a petition for candidacy, signed by not less than 5% of the qualified electors of such judicial district who voted for the office of secretary of state at the last preceding general election; or

(b) Any person who is a qualified elector of any judicial district in which a district attorney is to be elected and who is otherwise qualified under this act may become a candidate for district attorney of such judicial district by filing in the office of the secretary of state a declaration of intent to be such a candidate and payment therewith of a filing fee in an amount equal to 1% of the annual salary for such office.

(c) Any such petition or declaration of intent filed by a candidate to run in the primary election held in accordance with K.S.A. 25-203, and amendments thereto, shall be filed no later than 12 noon 12:00 p.m., on the date described in K.S.A. 25-205(a), and amendments thereto. Any such petition or declaration of intent filed by an independent candidate for the office of district attorney shall be filed no later than 12 noon 12:00 p.m. on the Monday preceding the date fixed for the holding of primary elections in accordance with K.S.A. 25-203, and amendments thereto. All laws applicable to the election of other state officers shall apply to elections of district attorneys to the extent the same are not in conflict with this act.

(d) Any person who is a candidate for nomination or election to the office of district attorney, at the time of election or appointment, and during the term of office, shall be and must remain a qualified elector who resides in the judicial district. Failure to remain a qualified elector residing in the judicial district shall constitute an immediate vacancy in the candidacy or office.

Sec. 2. K.S.A. 25-101a is hereby amended to read as follows: 25-101a. (a) On the Tuesday succeeding the first Monday in November in 1978, and each four years thereafter, there shall be elected a governor and lieutenant governor running together, a secretary of state, an attorney general, a state treasurer and a state commissioner of insurance.

(b) Every candidate for the office of secretary of state, attorney general, state treasurer or state commissioner of insurance shall be a qualified elector of the state of Kansas by the deadline for filing for such office as provided in K.S.A. 25-205, and amendments thereto.

(c) Every candidate for the office of governor and lieutenant governor shall be a qualified elector and shall be 25 years of age or older by the deadline for filing for such office as provided in K.S.A. 25-205, and amendments thereto.

(d) Every candidate for the office of attorney general must be licensed to practice law within the state of Kansas.

(e) Any person who is a candidate for nomination or election to the office of governor, lieutenant governor, secretary of state, attorney general, state treasurer or state commissioner of insurance, at the time of election or appointment, and during the term of such office, shall be and must remain a qualified elector who resides in the state of Kansas. Failure to remain a qualified elector residing in Kansas shall constitute an immediate vacancy in the candidacy or office.

Sec. 3. K.S.A. 2025 Supp. 25-1903 is hereby amended to read as follows: 25-1903. (a) A person may become a candidate for election to the office of state board member by either one of the methods provided in this section.

(1) Any person who is an elector of any board member district may petition to be a candidate for member of the state board from the board member district in which such person resides. Any such person shall file with the secretary of state a petition for the candidacy of such person signed by not less fewer than 200 electors residing in such board member district.

(2) Any person who is an elector of any board member district may become a candidate for member of the state board from the board member district in which such candidate resides by filing in the office of the secretary of state a declaration of intent to be such a candidate and payment of a filing fee in the amount of $25.

(b) Any such petition or declaration of intention filed by a candidate to run in the primary election held in accordance with K.S.A. 25-203, and amendments thereto, shall be filed no later than 12:00 noon p.m., June 1, prior to such primary election, or if such date falls on Saturday, Sunday or a holiday, then before 12:00 noon p.m. of the next following day that is not a Saturday, Sunday or a holiday. Any such petition or declaration of intention filed by an independent candidate for the office of state board member shall be filed no later than 12:00 noon p.m. on the Monday preceding the date fixed for the holding of primary elections in accordance with K.S.A. 25-203, and amendments thereto.

(c) Any person who is a candidate for nomination or election to the office of state board of education, at the time of election or appointment, and during the term of office, shall be and must remain a qualified elector who resides in the state board of education district. Failure to remain a qualified elector residing in the state board of education district shall constitute an immediate vacancy in the candidacy or office.

Sec. 4. K.S.A. 25-2020 is hereby amended to read as follows: 25-2020. (a) When a district method of election is in effect in any school district, a person may become a candidate for election to board member by any one of the following methods:

(1) Any person who is an elector in any member district may petition to be a candidate for board member from the member district in which such person resides. Any such person shall file with the county election officer, a petition for such candidacy signed by not less fewer than 50 electors residing in such member district or by a number of such electors equal to not less than 10% of the electors residing in such member district, whichever is less.

(2) Any person who is an elector in any school district may petition to be a candidate for board member at-large from the school district in which such person resides. Any such person shall file with the county election officer, a petition for such candidacy signed by not less fewer than 50 electors residing in such school district.

(3) Any person who is an elector in any member district may become a candidate for board member from the member district in which such person resides by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $20. Such declaration shall be prescribed by the secretary of state.

(4) Any person who is an elector in any school district may become a candidate for board member at-large from the school district in which such person resides by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $20. Such declaration shall be prescribed by the secretary of state.

(5) Any such petition or declaration shall specify the member position for which the person is a candidate.

(b) When the election at large method is in effect in any school district, a person may become a candidate for election to board member by either one of the following methods:

(1) Any person who is an elector of the school district may petition to be a candidate for board member. Any such person shall file with the county election officer a petition for such candidacy signed by not less fewer than 50 electors residing in the school district.

(2) Any person who is an elector in the unified school district may become a candidate for board member by filing with the county election officer a declaration of intention to become such a candidate, and payment therewith of a filing fee in the amount of $20. Such declaration shall be prescribed by the secretary of state.

(3) Any such petition or declaration which is for an unexpired term of a member shall so specify.

(c) Any such petition or declaration of intent must be filed before the filing deadline as prescribed in K.S.A. 25-205, and amendments thereto. No candidate shall be permitted to withdraw from candidacy after the filing deadline.

(d) Within three days from the date of the filing of a nomination petition or a declaration of intention to become a candidate for board member, the county election officer shall determine the validity of such petition or declaration.

(e) If a nomination petition or declaration is found to be invalid, the county election officer shall notify the candidate on whose behalf the petition or declaration was filed that such nomination petition or declaration has been found to be invalid and the reason for the finding. Such candidate may make objection to the finding of invalidity by the county election officer in accordance with K.S.A. 25-308, and amendments thereto.

(f) Any person who is a candidate for nomination or election to the office of school board member, at the time of election or appointment, and during the term of office, shall be and must remain a qualified elector who resides in the member or at-large district. Failure to remain a qualified elector residing in the member or at-large district shall constitute an immediate vacancy in the candidacy or office.

Sec. 5. K.S.A. 40-109 is hereby amended to read as follows: 40-109. (a) The commissioner of insurance shall be an elector of this state, and shall be a person well versed and experienced in the business of insurance and matters relating thereto; and he shall give his personal presence and attention to the duties of his office; but in no case shall such commissioner of insurance be in the employment of any insurance company or have any official connection with any insurance company, or any financial interest in any insurance company other than as a policyholder.

(b) Any person who is a candidate for nomination or election to the office of commissioner of insurance, at the time of election or appointment, and during the term of such office, shall be and must remain a qualified elector who resides in the state of Kansas. Failure to remain a qualified elector residing in Kansas shall constitute an immediate vacancy in the candidacy or office.

Sec. 6. K.S.A. 71-1414 is hereby amended to read as follows: 71-1414. (a) (1) In college districts where a district method of election is in effect, a person may become a candidate for election to trustee of a community college by any one of the following methods:

(A) Any person who is an elector of any member district may petition to be a candidate for member from the member district in which such person resides. Any such person shall file with the election officer a petition for such person’s candidacy signed by not less fewer than 50 electors residing in such person’s member district.

(B) Any person who is an elector of any member district may become a candidate for member from the member district in which such person resides by filing with the election officer a declaration of intent to be such a candidate, and payment therewith of a filing fee in the amount of $20.

(C) If a community college adopts and implements a seven member board of trustees plan, any person who is an elector of the college district may petition to be a candidate for the at-large member position. Any such person shall file with the county election officer a petition for such candidacy signed by not less fewer than 50 electors residing in such college district.

(D) If a community college adopts and implements a seven member board of trustees plan, any person who is an elector of the college district may become a candidate for the at-large member position by filing with the county election officer a declaration of intent to be such a candidate, and payment therewith of a filing fee in the amount of $20.

(2) Every petition or declaration of intent filed under this subsection must specify the member position for which the person is a candidate.

(b) In college districts where the election-at-large method of election is in effect, a person may become a candidate for election to trustee of a community college by either one of the following methods:

(1) Any person who is an elector of the college district may petition to be a candidate for trustee. Any such person shall file with the election officer a petition for such person’s candidacy signed by not less fewer than 50 electors residing in the college district.

(2) Any person who is an elector of the college district may become a candidate for trustee by filing with the election officer a declaration of intent to be such a candidate, and payment therewith of a filing fee in the amount of $20.

(c) Every petition or declaration of intent filed under this section must be filed on or before 12 noon 12:00 p.m. on June 1 of each odd-numbered year as provided in K.S.A. 25-205 and 25-21a03, and amendments thereto, and K.S.A. 25-205, and amendments thereto.

(d) Any person who is a candidate for nomination or election to the office of community college trustee, at the time of election or appointment, and during the term of office, shall be and must remain a qualified elector who resides in the member or at-large district. Failure to remain a qualified elector residing in the member or at-large district shall constitute an immediate vacancy in the candidacy or office.

Sec. 7. K.S.A. 80-202 is hereby amended to read as follows: 80-202. (a) Every person elected to the office of trustee, clerk or treasurer of any township, or road overseer of any road district, shall be an elector of the township or road district at the time of such election or appointment, and shall take and subscribe the oath of office prescribed by law. The oath shall be filed in the office of the county clerk. In the event any such officer shall become a nonresident of the township or road district, the office shall become vacant.

(b) Any person who is a candidate for nomination or election to the office of trustee, clerk or treasurer of any township, or road overseer of any road district, at the time of election or appointment, and during the term of office, shall be and must remain a qualified elector who resides in the township or road district. Failure to remain a qualified elector residing in the township or road district shall constitute an immediate vacancy in the candidacy or office.

Sec. 8. K.S.A. 22a-102, 25-101a, 25-2020, 40-109, 71-1414 and 80-202 and K.S.A. 2025 Supp. 25-1903 are hereby repealed.

Sec. 9. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 20, 2026.