Previous | Next

§ 2. Constitutional conventions; approval by electors. The legislature, by the affirmative vote of two-thirds of all the members elected to each house, may submit the question 'Shall there be a convention to amend or revise the constitution of the state of Kansas?' or the question 'Shall there be a convention limited to revision of article (s) ______ of the constitution of the state of Kansas?', to the electors at the next election for representatives, and the concurrent resolution providing for such question shall specify in such blank appropriate words and figures to identify the article or articles to be considered by the convention. If a majority of all electors voting on the question shall vote in the affirmative, delegates to such convention shall be elected at the next election for representatives thereafter, unless the legislature shall have provided by law for the election of such delegates at a special election. The electors of each representative district as organized at the time of such election of delegates shall elect as many delegates to the convention as there are representatives from such district. Such delegates shall have the same qualifications as provided by the constitution for members of the legislature and members of the legislature and candidates for membership in the legislature shall be eligible for election as delegates to the convention. The delegates so elected shall convene at the state capital on the first Tuesday in May next following such election or at an earlier date if provided by law.

The convention shall have power to choose its own officers, appoint and remove its employees and fix their compensation, determine its rules, judge the qualifications of its members, and carry on the business of the convention in an orderly manner. Each delegate shall receive such compensation as provided by law. A vacancy in the office of any delegate shall be filled as provided by law.

The convention shall have power to amend or revise all or that part of the constitution indicated by the question voted upon to call the convention, subject to ratification by the electors. No proposed constitution, or amendment or revision of an existing constitution, shall be submitted by the convention to the electors unless it has been available to the delegates in final form at least three days on which the convention is in session, prior to final passage, and receives the assent of a majority of all the delegates. The yeas and nays upon final passage of any proposal, and upon any question upon request of one-tenth of the delegates present, shall be entered in the journal of the convention.

Proposals of the convention shall be submitted to the electors at the first general or special statewide election occurring not less than two months after final action thereon by the convention, and shall take effect in accordance with the provisions thereof in such form and with such notice as is directed by the convention upon receiving the approval of a majority of the qualified electors voting thereon.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 65; L. 1970, ch. 411, § 1; November 3, 1970.

Law Review and Bar Journal References:

"Selection to the Kansas Supreme Court," Stephen J. Ware, 17 Kan. J.L. & Pub. Pol'y, No. 3, 386 (2008).

CASE ANNOTATIONS

1. Section cited in considering legislative votes necessary to enact law. Railway Co. v. Simons, 75 Kan. 130, 140, 88 P. 551.

2. Supreme Court has no power to engraft amendments to state constitution. State, ex rel., v. Mitchell, 194 Kan. 463, 466, 399 P.2d 556.

3. Proposition No. 2 amending sections 1 and 2 of article 14 properly submitted to the electors; difference between revision and amendment discussed; contended that revision of constitution should be by convention method (dissenting opinion). Moore v. Shanahan, 207 Kan. 645, 672, 486 P.2d 506.

4. Cited in holding provisions of K.S.A. 65-4135(a)(7)(A) of uniform controlled substances act permitting forfeiture of homestead violate Kansas Constitution. State ex rel. Braun v. A Tract of Land, 16 Kan. App. 2d 757, 762, 829 P.2d 600 (1992).