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§ 2. County and township officers. (a) Except as provided in subsection (b), each county shall elect a sheriff for a term of four years by a majority of the qualified electors of the county voting thereon at the time of voting designated for such office pursuant to law in effect on January 11, 2022, and every four years thereafter.

(b) The provisions of subsection (a) shall not apply to a county that abolished the office of sheriff prior to January 11, 2022. Such county may restore the office of sheriff as provided by law and such restoration shall be irrevocable. A county that restores the office of sheriff shall elect a sheriff by a majority of the qualified electors of the county voting thereon for a term of four years. Such sheriff shall have such qualifications and duties as provided by law. The time of voting for the office of sheriff may be provided for by the legislature pursuant to section 18 of article 2 of this constitution.

(c) The filling of vacancies and the qualifications and duties of the office of sheriff shall be as provided by law.

(d) The legislature shall provide for such other county and township officers as may be necessary.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 60; L. 2022, ch. 108; § 1; November 8, 2022.

Attorney General's Opinions:

Cities and municipalities; governmental organization; consolidation of operations, procedures and functions by a political and taxing subdivision or by two or more subdivisions; procedure; elimination of elective office. 88-5.

County commissioners; budget for sheriff's office. 88-171.

County commission cannot, by charter ordinance, change term limitations of county officials which are established by statute. 92-134.

CASE ANNOTATIONS

1. County commissioners are county officers and hold office two years. Leavenworth Co. v. The State, 5 Kan. 688. (Constitution later amended. See Article 4, § 2.)

2. When township divided, justice remains justice where he resides; number or kind of township officers not defined by constitution. Borton v. Buck, 8 Kan. 302, 308.

3. Legislature may provide less than usual number of county officers. The State, ex rel., v. Comm'rs of Pawnee Co., 12 Kan. 426, 439.

4. Legislature has power to abolish townships; effect on officers. In re Hinkle, Petitioner, 31 Kan. 712, 3 P. 531.

5. County commissioners appointed by the governor may settle commissioner districts. Keating v. Marble, 39 Kan. 370, 18 P. 189.

6. Legislature has no power to abridge right of suffrage. The State, ex rel., v. Doane, 98 Kan. 435, 438, 158 P. 38.

7. County attorney is a county officer; four-year term in K.S.A. 19-701 unconstitutional. Wall v. Harrison, 201 Kan. 598, 599, 443 P.2d 266.