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§ 2. General elections. General elections shall be held biennially on the Tuesday succeeding the first Monday in November in even-numbered years. Not less than three county commissioners shall be elected in each organized county in the state, as provided by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 57; L. 1901, ch. 424, § 1; L. 1964, ch. 24 (Budget Session); L. 1968, ch. 97, § 1; L. 1974, ch. 463, § 1; November 5, 1974.

Attorney General's Opinions:

County commissioners; change in number of districts. 80-181.

Election expenses of candidates and organizations; reporting of receipts and expenditures by certain organizations. 81-5.

County commissioners; change in number of districts. 81-10.

County commissioners; powers and duties; rearrangement of commissioner districts. 86-70.

County commissioners; vacancies; residence requirements; rearrangement of commissioner districts. 86-121.

Change in number of county commission districts; time for holding election. 92-133.

County-city consolidation; election of members of governing board, residential requirements; affect upon USD; bonded indebtedness, limitations. 97-30.

CASE ANNOTATIONS

1. "Regular" and "general" elections defined and distinguished. The State, ex rel., Watson v. Cobb, 2 Kan. 32, 54; Bond v. White, 8 Kan. 333, 341.

2. Election held to fill office when term fixed, held valid. The State, ex rel., Goodin v. Thoman, 10 Kan. 191, 195.

3. November election is "general election" regardless of number elected. Morgan v. Comm'rs of Pratt Co., 24 Kan. 71, 73.

4. Changing time of electing legislators does not change "general election." The State, ex rel., v. Mechem, 31 Kan. 435, 438, 2 P. 816.

5. "General election" has a fixed and uniform meaning. The State, ex rel., v. Foster, 36 Kan. 504, 506, 13 P. 841.

6. Postponement of elections to secure uniformity does not conflict herewith. Wilson v. Clark, 63 Kan. 505, 508, 65 P. 705.

7. "Next general election" defined. McIntyre v. Iliff, 64 Kan. 747, 748, 750, 68 P. 633.

8. "All officers" (amendment, 1902) means all county and township officers. Griffith v. Manning, 67 Kan. 559, 560, 73 P. 75; Fischer v. Moore, 69 Kan. 191, 197, 76 P. 403.

9. Office extended for year, sureties not liable on bond. Sparks v. Cherokee County, 76 Kan. 280, 281, 91 P. 89.

10. Section cited in considering electors entitled to vote. The State, ex rel., v. Doane, 98 Kan. 435, 439, 158 P. 38.

11. Constitution self-executing so far as fixing time. The State, ex rel., v. Deck, 106 Kan. 518, 522, 188 P. 238.

12. County superintendent holds office until successor qualifies. Jansky v. Baldwin, 120 Kan. 332, 243 P. 302. Rehearing denied: 120 Kan. 728, 244 P. 1036.

13. Cited in defining term "next general election." Hamilton v. Raub, 131 Kan. 392, 395, 292 P. 396.

14. Legislature has power to dispense with biennial city election. Murray v. Payne, 137 Kan. 685, 690, 21 P.2d 333.

15. Section should be applicable to judges of city court (dissenting opinion). Clark v. Murray, 141 Kan. 533, 540, 41 P.2d 1042.

16. Legislature cannot fix terms of different lengths for county commissioners of various counties. In re Naff, 144 Kan. 424, 425, 427, 428, 61 P.2d 129.

17. Cited in holding absentee-voters acts within legislative power and valid. Lemons v. Noller, 144 Kan. 813, 824, 63 P.2d 177.

18. Probate judge-elect's death prior to qualification; incumbent holds over. Smith v. Snell, 154 Kan. 187, 188, 191, 117 P.2d 567.

19. Purpose of holding over phrase discussed in dissenting opinion. Tresner v. Rees, 154 Kan. 581, 586, 119 P.2d 511.

20. Discussed in holding school district voter qualified. Littell v. Millemon, 154 Kan. 670, 674, 121 P.2d 233.

21. Act fixing four-year term for city court officers held valid. Powers v. Thorn, 155 Kan. 758, 760, 764, 768, 771, 772, 776, 129 P.2d 254.

22. Sheriff appointed to fill vacancy; term; statutes construed. Moore v. Smith, 160 Kan. 167, 169, 160 P.2d 675.

23. "Consecutive terms" discussed and defined; eligibility of candidates; holding office. Coates v. Camp, 161 Kan. 732, 733, 735, 742, 173 P.2d 266.

24. County treasurer served one elective term, then appointed to fill vacancy in next term, then elected for balance of same unexpired term was eligible for unexpired term but ineligible for next complete elective term. State, ex rel., v. Cheatum, 162 Kan. 248, 250, 251, 252, 175 P.2d 123.

25. Private person cannot maintain action to question official composition of board of commissioners. Dunn v. Morton County Comm'rs, 162 Kan. 449, 452, 177 P.2d 207.

26. Secretary of state properly withheld publication of proposed amendment; resolution ineffective. State, ex rel., v. Shanahan, 173 Kan. 403, 246 P.2d 305.

27. Remedy of impeachment lies only against a state constitutional officer; ouster proper against county commissioners. State, ex rel., v. Blain, 189 Kan. 575, 577, 578, 370 P.2d 415.

28. Mentioned; state act providing for distribution of 20 "extra" representatives unconstitutional. Harris v. Shanahan, 192 Kan. 183, 188, 387 P.2d 771.

29. County attorney is a county officer; 4-year term provision in K.S.A. 19-701 unconstitutional; severable. Wall v. Harrison, 201 Kan. 598, 599, 600, 602, 605, 443 P.2d 266.

30. Board of county commissioners performs legislative functions; commissioner districts must be apportioned to produce equal representation for equal numbers of people. Simone v. MacPhail, 291 F. Supp. 697, 698, 699.