Constitution of the State of Kansas - Kansas Secretary of State
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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 FROM § 1. School sections. Sections numbered six-
CONGRESS; ORDINANCE; PREAMBLE teen and thirty-six in each township in the state,
including Indian reservations and trust lands, shall
ORDINANCE
be granted to the state for the exclusive use of
WHEREAS, The government of the United States is common schools; and when either of said sections,
the proprietor of a large portion of the lands or any part thereof, has been disposed of, other
included in the limits of the state of Kansas as lands of equal value, as nearly contiguous thereto
defined by this constitution; and, as possible, shall be substituted therefor.
WHEREAS, The state of Kansas will possess the
right to tax said lands for purposes of § 2. University lands. That seventy-two sec-
government, and for other purposes; now, tions of land shall be granted to the state for the
therefore, erection and maintenance of a state university.
Be it ordained by the people of Kansas:
That the right of the state of Kansas to tax such § 3. Lands for public buildings. That thirty-
lands is relinquished forever, and the state of six sections shall be granted to the state for the
Kansas will not interfere with the title of the erection of public buildings.
United States to such lands, nor with any
regulation of congress in relation thereto, nor tax § 4. Lands for benevolent institutions. That
nonresidents higher than residents: Provided seventy-two sections shall be granted to the state
always, That the following conditions be agreed to for the erection and maintenance of charitable and
by congress: benevolent institutions.
13§ 5. Salt springs and mines. That all salt History: Adopted by convention, July 29,
springs, not exceeding twelve in number, with six 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
sections of land adjacent to each, together with all 47.
mines, with the lands necessary for their full use,
shall be granted to the state for works of public § 2. Political power; privileges. All political
improvement. power is inherent in the people, and all free
governments are founded on their authority, and
§ 6. Proceeds to schools. That five per- are instituted for their equal protection and benefit.
centum of the proceeds of the public lands in Kan- No special privileges or immunities shall ever be
sas, disposed of after the admission of the state granted by the legislature, which may not be
into the union, shall be paid to the state for a fund, altered, revoked or repealed by the same body;
the income of which shall be used for the support and this power shall be exercised by no other
of common schools. tribunal or agency.
History: Adopted by convention, July 29,
§ 7. School lands. That the five hundred 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
thousand acres of land to which the state is 47.
entitled under the act of congress entitled "An act § 3. Right of peaceable assembly; petition.
to appropriate the proceeds of the sales of public
The people have the right to assemble, in a peace-
lands and grant preemption rights," approved
able manner, to consult for their common good, to
September 4th, 1841, shall be granted to the state
instruct their representatives, and to petition the
for the support of common schools.
government, or any department thereof, for the
§ 8. Selection of lands. That the lands here- redress of grievances.
inbefore mentioned shall be selected in such man- History: Adopted by convention, July 29,
ner as may be prescribed by law; such selections 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
to be subject to the approval of the commissioner 48.
of the general land office of the United States. § 4. Individual right to bear arms; armies.
A person has the right to keep and bear arms for
PREAMBLE the defense of self, family, home and state, for
We, the people of Kansas, grateful to Almighty lawful hunting and recreational use, and for any
God for our civil and religious privileges, in order other lawful purpose; but standing armies, in time
to insure the full enjoyment of our rights as of peace, are dangerous to liberty, and shall not be
American citizens, do ordain and establish this tolerated, and the military shall be in strict subor-
constitution of the state of Kansas, with the dination to the civil power.
following boundaries, to wit: Beginning at a point History: Adopted by convention, July 29,
on the western boundary of the state of Missouri, 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
where the thirty-seventh parallel of north latitude 48; L. 2009, ch. 152, § 1; Nov. 2, 2010.
crosses the same; thence running west on said § 5. Trial by jury. The right of trial by jury
parallel to the twenty-fifth meridian of longitude shall be inviolate.
west from Washington; thence north on said History: Adopted by convention, July 29,
meridian to the fortieth parallel of north latitude; 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
thence east on said parallel to the western 48.
boundary of the state of Missouri; thence south
with the western boundary of said state to the § 6. Slavery prohibited; servitude for con-
place of beginning. viction of crime. There shall be no slavery in this
state; and no involuntary servitude, except for the
BILL OF RIGHTS punishment of crime, whereof the party shall have
been duly convicted.
§ 1. Equal rights. All men are possessed of History: Adopted by convention, July 29,
equal and inalienable natural rights, among which 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
are life, liberty, and the pursuit of happiness. 48.
14§ 7. Religious liberty; property qualifica- § 11. Liberty of press and speech; libel.
tion for public office. The right to worship God The liberty of the press shall be inviolate; and all
according to the dictates of conscience shall never persons may freely speak, write or publish their
be infringed; nor shall any person be compelled to sentiments on all subjects, being responsible for
attend or support any form of worship; nor shall the abuse of such rights; and in all civil or criminal
any control of or interference with the rights of actions for libel, the truth may be given in evid-
conscience be permitted, nor any preference be ence to the jury, and if it shall appear that the
given by law to any religious establishment or alleged libelous matter was published for justifi-
mode of worship. No religious test or property able ends, the accused party shall be acquitted.
qualification shall be required for any office of History: Adopted by convention, July 29,
public trust, nor for any vote at any election, nor 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
shall any person be incompetent to testify on 48.
account of religious belief.
§ 12. No forfeiture of estate for crimes. No
History: Adopted by convention, July 29,
conviction within the state shall work a forfeiture
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
of estate.
48.
History: Adopted by convention, July 29,
§ 8. Habeas corpus. The right to the writ of 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
habeas corpus shall not be suspended, unless the 49; L. 1972, ch. 389, § 1; Nov. 7, 1972.
public safety requires it in case of invasion or § 13. Treason. Treason shall consist only in
rebellion. levying war against the state, adhering to its
History: Adopted by convention, July 29, enemies, or giving them aid and comfort. No per-
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. son shall be convicted of treason unless on the
48. evidence of two witnesses to the overt act, or con-
fession in open court.
§ 9. Bail; fines; cruel and unusual punish- History: Adopted by convention, July 29,
ment. All persons shall be bailable by sufficient 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
sureties except for capital offenses, where proof is 49.
evident or the presumption great. Excessive bail
shall not be required, nor excessive fines imposed, § 14. Soldiers' quarters. No soldier shall, in
nor cruel or unusual punishment inflicted. time of peace, be quartered in any house without
History: Adopted by convention, July 29, the consent of the occupant, nor in time of war,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. except as prescribed by law.
48. History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
§ 10. Trial; defense of accused; witness 49.
against self; double jeopardy. In all prosecutions,
§ 15. Search and seizure. The right of the
the accused shall be allowed to appear and defend
people to be secure in their persons and property
in person, or by counsel; to demand the nature and
against unreasonable searches and seizures, shall
cause of the accusation against him; to meet the
be inviolate; and no warrant shall issue but on
witness face to face, and to have compulsory pro-
probable cause, supported by oath or affirmation,
cess to compel the attendance of the witnesses in
particularly describing the place to be searched
his behalf, and a speedy public trial by an impar-
and the persons or property to be seized.
tial jury of the county or district in which the
History: Adopted by convention, July 29,
offense is alleged to have been committed. No per-
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
son shall be a witness against himself, or be twice
49.
put in jeopardy for the same offense.
History: Adopted by convention, July 29, § 16. Imprisonment for debt. No person
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. shall be imprisoned for debt, except in cases of
48. fraud.
15History: Adopted by convention, July 29, thereafter shall have terms of four years which
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. shall begin on the second Monday of January next
49. after their election, and until their successors are
elected and qualified. In the year 1974 and there-
§ 17. Property rights of citizens and ali- after, at all elections of governor and lieutenant
ens. No distinction shall ever be made between governor the candidates for such offices shall be
citizens of the state of Kansas and the citizens of nominated and elected jointly in such manner as is
other states and territories of the United States in prescribed by law so that a single vote shall be
reference to the purchase, enjoyment or descent of cast for a candidate for governor and a candidate
property. The rights of aliens in reference to the for lieutenant governor running together, and if
purchase, enjoyment or descent of property may such candidates are nominated by petition or con-
be regulated by law. vention each petition signature and each conven-
History: Adopted by convention, July 29, tion vote shall be made for a candidate for gov-
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. ernor and a candidate for lieutenant governor run-
49; L. 1887, p. 340, S.J.R. no. 6 § 1; Nov. 6, 1888. ning together. No person may be elected to more
§ 18. Justice without delay. All persons, for than two successive terms as governor nor to more
injuries suffered in person, reputation or property, than two successive terms as lieutenant governor.
shall have remedy by due course of law, and History: Adopted by convention, July 29,
justice administered without delay. 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
History: Adopted by convention, July 29, 49; L. 1972, ch. 390, § 1; Nov. 7, 1972.
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. § 2.
49.
History: Adopted by convention, July 29,
§ 19. Emoluments or privileges prohib- 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
ited. No hereditary emoluments, honors, or priv- 49; eliminated by revision, L. 1972, ch. 390; Nov.
ileges shall ever be granted or conferred by the 7, 1972.
state.
§ 3. Executive power of governor. The
History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. supreme executive power of this state shall be ves-
49. ted in a governor, who shall be responsible for the
enforcement of the laws of this state.
§ 20. Powers retained by people. This enu- History: Adopted by convention, July 29,
meration of rights shall not be construed to impair 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
or deny others retained by the people; and all 50; L. 1972, ch. 390, § 1; Nov. 7, 1972.
powers not herein delegated remain with the
people. § 4. Reports to governor. The governor may
History: Adopted by convention, July 29, require information in writing from the officers of
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. the executive department, upon any subject relat-
49. ing to their respective duties. The officers of the
executive department, and of all public state insti-
Article 1.—EXECUTIVE tutions, shall, at least ten days preceding each reg-
ular session of the legislature, severally report to
§ 1. Executive officers; selection; terms. the governor, who shall transmit such reports to
The constitutional officers of the executive depart- the legislature.
ment shall be the governor, lieutenant governor, History: Adopted by convention, July 29,
secretary of state, and attorney general, who shall 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
have such qualifications as are provided by law. 50; L. 1972, ch. 390, § 1; Nov. 7, 1972.
Such officers shall be chosen by the electors of
this state at the time of voting for members of the § 5. Governor's duties for legislature; mes-
legislature in the year 1974 and every four years sages; special sessions; adjournment. The gov-
thereafter, and such officers elected in 1974 and ernor may, on extraordinary occasions, call the
16legislature into special session by proclamation; (c) Each executive reorganization order
and shall call the legislature into special session, transmitted to the legislature as provided in this
upon petition signed by at least two-thirds of the section shall take effect and have the force of
members elected to each house. At every session general law on the July 1 following its transmittal
of the legislature the governor shall communicate to the legislature, unless within sixty calendar days
in writing information in reference to the condi- and before the adjournment of the legislative
tion of the state, and recommend such measures as session either the senate or the house of
he deems expedient. In case of disagreement representatives adopts by a majority vote of the
between the two houses in respect of the time of members elected thereto a resolution disapproving
adjournment, the governor may adjourn the legis- such executive reorganization order. Under the
lature to such time as he deems proper, not beyond provisions of an executive reorganization order a
its next regular session. portion of the order may be effective at a time
History: Adopted by convention, July 29, later than the date on which the order is otherwise
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. effective.
50; L. 1972, ch. 390, § 1; Nov. 7, 1972. (d) An executive reorganization order which
is effective shall be published as and with the acts
§ 6. Reorganization of state agencies of of the legislature and the statutes of the state. Any
executive branch. (a) For the purpose of transfer- executive reorganization order which is or is to
ring, abolishing, consolidating or coordinating the become effective may be amended or repealed as
whole or any part of any state agency, or the func- statutes of the state are amended or repealed.
tions thereof, within the executive branch of state History: Adopted by convention, July 29,
government, when the governor considers the 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
same necessary for efficient administration, he 50; original subject matter stricken by revision and
may issue one or more executive reorganization new subject substituted, L. 1972, ch. 390, § 1;
orders, each bearing an identifying number, and Nov. 7, 1972.
transmit the same to the legislature within the first
thirty calendar days of any regular session. Agen- § 7. Pardons. The pardoning power shall be
cies and functions of the legislative and judicial vested in the governor, under regulations and
branches, and constitutionally delegated functions restrictions prescribed by law.
of state officers and state boards shall be exempt History: Adopted by convention, July 29,
from executive reorganization orders. 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
(b) The governor shall transmit each 50; L. 1972, ch. 390, § 1; Nov. 7, 1972.
executive reorganization order to both houses of
the legislature on the same day, and each such § 8.
order shall be accompanied by a governor's History: Adopted by convention, July 29,
message which shall specify with respect to each 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
abolition of a function included in the order the 50; eliminated by revision, L. 1972, ch. 390; Nov.
statutory authority for the exercise of the function. 7, 1972.
Every executive reorganization order shall provide
for the transfer or other disposition of the records, § 9. State seal and commissions. There
property and personnel affected by the order. shall be a seal of the state, which shall be kept by
Every executive reorganization order shall provide the governor, and used by him officially, and
for all necessary transfers of unexpended balances which shall be the great seal of Kansas. All com-
of appropriations of agencies affected by such missions shall be issued in the name of the state of
order, and such changes in responsibility for and Kansas; and shall be signed by the governor, coun-
handling of special funds as may be necessary to tersigned by the secretary of state, and sealed with
accomplish the purpose of such order. Transferred the great seal.
balances of appropriations may be used only for History: Adopted by convention, July 29,
the purposes for which the appropriation was 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
originally made. 50; L. 1972, ch. 390, § 1; Nov. 7, 1972.
17§ 10. receive for their services a such compensation as
History: Adopted by convention, July 29, is established by law, which shall not be dimin-
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. ished during their terms of office, unless by gen-
50; eliminated by revision, L. 1972, ch. 390; Nov. eral law applicable to all salaried officers of the
7, 1972. state. Any person exercising the powers and duties
of an office mentioned in this article shall receive
§ 11. Vacancies in executive offices. When the compensation established by law for that
the office of governor is vacant, the lieutenant office.
governor shall become governor. In the event of History: Adopted by convention, July 29,
the disability of the governor, the lieutenant gov- 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
ernor shall assume the powers and duties of gov- 51; L. 1972, ch. 390, § 1; Nov. 7, 1972.
ernor until the disability is removed. The legis-
lature shall provide by law for the succession to § 16.
the office of governor should the offices of gov- History: Adopted by convention, July 29,
ernor and lieutenant governor be vacant, and for 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
the assumption of the powers and duties of gov- 51; eliminated by revision, L. 1972, ch. 390; Nov.
ernor during the disability of the governor, should 7, 1972.
the office of lieutenant governor be vacant or the
lieutenant governor be disabled. When the office Article 2.—LEGISLATIVE
of secretary of state or attorney general is vacant, § 1. Legislative power. The legislative
the governor shall fill the vacancy by appointment power of this state shall be vested in a house of
for the remainder of the term. If the secretary of representatives and senate.
state or attorney general is disabled, the governor History: Adopted by convention, July 29,
shall name a person to assume the powers and 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
duties of the office until the disability is removed. 51; L. 1974, ch. 458, § 1; Nov. 5, 1974.
The procedure for determining disability and the
removal thereof shall be provided by law. § 2. Senators and representatives. The
History: Adopted by convention, July 29, number of representatives and senators shall be
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. regulated by law, but shall not exceed one hundred
50; L. 1972, ch. 390, § 1; Nov. 7, 1972. twenty-five representatives and forty senators.
Representatives and senators shall be elected from
§ 12. Lieutenant governor. The lieutenant single-member districts prescribed by law. Repres-
governor shall assist the governor and have such entatives shall be elected for two year terms. Sen-
other powers and duties as are prescribed by law. ators shall be elected for four year terms. The
History: Adopted by convention, July 29, terms of representatives and senators shall com-
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. mence on the second Monday of January of the
50; L. 1972, ch. 390, § 1; Nov. 7, 1972. year following election.
§ 13. History: Adopted by convention, July 29,
History: Adopted by convention, July 29, 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. 51; L. 1873, ch. 134, § 1; L. 1974, ch. 458, § 1;
51; eliminated by revision, L. 1972, ch. 390; Nov. Nov. 5, 1974.
7, 1972. § 3. Compensation of members of legis-
§ 14. lature. The members of the legislature shall
History: Adopted by convention, July 29, receive such compensation as may be provided by
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. law or such compensation as is determined
51; eliminated by revision, L. 1972, ch. 390; Nov. according to law.
7, 1972. History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
§ 15. Compensation of officers. The offi- 51; L. 1947, ch. 250, § 1; L. 1961, ch. 196, § 1; L.
cers mentioned in this article shall at stated times 1974, ch. 458, § 1; Nov. 5, 1974.
18§ 4. Qualifications of members. During the with the terms of representatives except that the
time that any person is a candidate for nomination senate shall remain organized during the terms of
or election to the legislature and during the term of senators. The president of the senate shall preside
each legislator, such candidate or legislator shall over the senate, and the speaker of the house of
be and remain a qualified elector who resides in representatives shall preside over the house of
his or her district. representatives. A majority of the members then
History: Adopted by convention, July 29, elected (or appointed) and qualified of the house
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. of representatives or the senate shall constitute a
52; L. 1974, ch. 458, § 1; Nov. 5, 1974. quorum of that house. Neither house, without the
consent of the other, shall adjourn for more than
§ 5. Eligibility and disqualification of two days, Sundays excepted. Each house shall
members. No member of congress and no civil elect its presiding officer and determine the rules
officer or employee of the United States or of any of its proceedings, except that the two houses may
department, agency, or instrumentality thereof adopt joint rules on certain matters and provide for
shall be eligible to be a member of the legislature. the manner of change thereof. Each house shall
Any member of the legislature who accepts any provide for the expulsion or censure of members
appointment or election contrary to the foregoing in appropriate cases. Each house shall be the judge
shall be disqualified as a member of the legis- of elections, returns and qualifications of its own
lature. members.
History: Adopted by convention, July 29, History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
52; L. 1974, ch. 458, § 1; Nov. 5, 1974. 52; L. 1974, ch. 458, § 1; Nov. 5, 1974.
§ 6.
§ 9. Vacancies in legislature. All vacancies
History: Adopted by convention, July 29,
occurring in either house shall be filled as
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
provided by law.
52; eliminated by revision, L. 1974, ch. 458; Nov.
History: Adopted by convention, July 29,
5, 1974.
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
§ 7. 52; L. 1945, ch. 200, § 1; L. 1974, ch. 458, § 1;
History: Adopted by convention, July 29, Nov. 5, 1974.
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
52; eliminated by revision, L. 1974, ch. 458; Nov. § 10. Journals. Each house shall publish a
5, 1974. journal of its proceedings. The affirmative and
negative votes upon the final passage of every bill
§ 8. Organization and sessions. The legis- and every concurrent resolution for amendment of
lature shall meet in regular session annually com- this constitution or ratification of an amendment to
mencing on the second Monday in January, and all the Constitution of the United States shall be
sessions shall be held at the state capital. The dur- entered in the journal. Any member of either
ation of regular sessions held in even-numbered house may make written protest against any act or
years shall not exceed ninety calendar days. Such resolution, and the same shall be entered in the
sessions may be extended beyond ninety calendar journal without delay or alteration.
days by an affirmative vote of two-thirds of the History: Adopted by convention, July 29,
member selected to each house. Bills and concur- 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
rent resolutions under consideration by the legis- 52; L. 1974, ch. 458, § 1; Nov. 5, 1974.
lature upon adjournment of a regular session held
in an odd-numbered year may be considered at the § 11.
next succeeding regular session held in an even- History: Adopted by convention, July 29,
numbered year, as if there had been no such 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
adjournment. 52; eliminated by revision, L. 1974, ch. 458; Nov.
The legislature shall be organized concurrently 5, 1974.
19§ 12. Origination by either house. Bills or more of such items may be disapproved by the
and concurrent resolutions may originate in either governor while the other portion of the bill is
house, but may be amended or rejected by the approved by the governor. In case the governor
other. does so disapprove, a veto message of the gov-
History: Adopted by convention, July 29, ernor stating the item or items disapproved, and
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. the reasons therefor, shall be appended to the bill
52; L. 1864, ch. 46, § 1; L. 1974, ch. 458, § 1; at the time it is signed, and the bill shall be
Nov. 5, 1974. returned with the veto message to the house of ori-
gin of the bill. Whenever a veto message is so
§ 13. Majority for passage of bills. A received, the message shall be entered in the
majority of the members then elected (or appoin- journal and, in not more than thirty calendar days,
ted) and qualified of each house, voting in the the house of origin shall reconsider the items of
affirmative, shall be necessary to pass any bill. the bill which have been disapproved. If two-
Two-thirds (2/3) of the members then elected (or thirds of the members then elected (or appointed)
appointed) and qualified in each house, voting in and qualified shall vote to approve any item disap-
the affirmative, shall be necessary to ratify any proved by the governor, the bill, with the veto
amendment to the Constitution of the United message, shall be sent to the other house, which
States or to make any application for congress to shall in not more than thirty calendar days also
call a convention for proposing amendments to the reconsider each such item so approved by the
Constitution of the United States. house of origin, and if approved by two-thirds of
History: Adopted by convention, July 29, all the members then elected (or appointed) and
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. qualified, any such item shall take effect and
52; L. 1974, ch. 458, § 1; Nov. 5, 1974. become a part of the bill.
§ 14. Approval of bills; vetoes. (a) Within History: Adopted by convention, July 29,
ten days after passage, every bill shall be signed 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
by the presiding officers and presented to the gov- 52; L. 1903, ch. 545, § 1; L. 1974, ch. 458, § 1;
ernor. If the governor approves a bill, he shall sign Nov. 5, 1974.
it. If the governor does not approve a bill, the gov- § 15. Requirements before bill passed. No
ernor shall veto it by returning the bill, with a veto bill shall be passed on the day that it is introduced,
message of the objections, to the house of origin unless in case of emergency declared by two-
of the bill. Whenever a veto message is so thirds of the members present in the house where a
received, the message shall be entered in the bill is pending.
journal and in not more than thirty calendar days History: Adopted by convention, July 29,
(excluding the day received), the house of origin 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
shall reconsider the bill. If two-thirds of the mem- 53; L. 1974, ch. 458, § 1; Nov. 5, 1974.
bers then elected (or appointed) and qualified shall
vote to pass the bill, it shall be sent, with the veto § 16. Subject and title of bills; amendment
message, to the other house, which shall in not or revival of statutes. No bill shall contain more
more than thirty calendar days (excluding the day than one subject, except appropriation bills and
received) also reconsider the bill, and if approved bills for revision or codification of statutes. The
by two-thirds of the members then elected (or subject of each bill shall be expressed in its title.
appointed) and qualified, it shall become a law, No law shall be revived or amended, unless the
notwithstanding the governor's veto. new act contain the entire act revived or the sec-
If any bill shall not be returned within ten calen- tion or sections amended, and the section or sec-
dar days (excluding the day presented) after it tions so amended shall be repealed. The provisions
shall have been presented to the governor, it shall of this section shall be liberally construed to effec-
become a law in like manner as if it had been tuate the acts of the legislature.
signed by the governor. History: Adopted by convention, July 29,
(b) If any bill presented to the governor con- 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
tains several items of appropriation of money, one 53; L. 1974, ch. 458, § 1; Nov. 5, 1974.
20§ 17. Uniform operation of laws of a gen- member of the legislature shall be subject to arrest
eral nature. All laws of a general nature shall —except for treason, felony or breach of the peace
have a uniform operation throughout the state: —in going to, or returning from, the place of
Provided, The legislature may designate areas in meeting, or during the continuance of the session;
counties that have become urban in character as neither shall he be subject to the service of any
"urban areas" and enact special laws giving to any civil process during the session, nor for fifteen
one or more of such counties or urban areas such days previous to its commencement.
powers of local government and consolidation of History: Adopted by convention, July 29,
local government as the legislature may deem 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
proper. 54; L. 1974, ch. 458, § 1; Nov. 5, 1974.
History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. § 23.
53; L. 1905, ch. 543, § 1; 1953 S.C.R. 13, § 1; L. History: Adopted by convention, July 29,
1974, ch. 458, § 1; Nov. 5, 1974. 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
54; eliminated by revision, L. 1974, ch. 458; Nov.
§ 18. Election or appointment of officers; 5, 1974.
filling vacancies. The legislature may provide for
the election or appointment of all officers and the § 24. Appropriations. No money shall be
filling of all vacancies not otherwise provided for drawn from the treasury except in pursuance of a
in this constitution. specific appropriation made by law.
History: Adopted by convention, July 29, History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
53; original subject matter stricken and new 54; L. 1876, ch. 129, § 1; L. 1974, ch. 458, § 1;
subject substituted, L. 1974, ch. 458, § 1; Nov. 5, Nov. 5, 1974.
1974.
§ 25.
§ 19. Publication of acts. No act shall take History: Adopted by convention, July 29,
effect until the enacting bill is published as 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
provided by law. 54; L. 1875, ch. 140, § 1; 1953 S.C.R. no. 1; L.
History: Adopted by convention, July 29, 1966, ch. 7, § 1, Special Sess.; eliminated by
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. revision, L. 1974, ch. 458; Nov. 5, 1974.
53; L. 1974, ch. 458, § 1; Nov. 5, 1974.
§ 26.
§ 20. Enacting clause of bills; laws
History: Adopted by convention, July 29,
enacted only by bill. The enacting clause of all
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
bills shall be "Be it enacted by the Legislature of
54; Repealed, L. 1972, ch. 391, § 1; Aug. 1, 1972.
the State of Kansas:". No law shall be enacted
except by bill. § 27. Impeachment. The house of repres-
History: Adopted by convention, July 29, 18 entatives shall have the sole power to impeach. All
59;ratified by electors, Oct. 4, 1859; L. 1861, p. impeachments shall be tried by the senate; and
53; L. 1974, ch. 458, § 1; Nov. 5, 1974. when sitting for that purpose, the senators shall
§ 21. Delegation of powers of local legisla- take an oath to do justice according to the law and
tion and administration. The legislature may the evidence. No person shall be convicted
confer powers of local legislation and administra- without the concurrence of two-thirds of the senat-
tion upon political subdivisions. ors then elected (or appointed) and qualified.
History: Adopted by convention, July 29, History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
53; L. 1974, ch. 458, § 1; Nov. 5, 1974. 54; L. 1974, ch. 458, § 1; Nov. 5, 1974.
§ 22. Legislative immunity. For any speech, § 28. Officers impeachable; grounds; pun-
written document or debate in either house, the ishment. The governor and all other officers under
members shall not be questioned elsewhere. No this constitution, shall be removed from office on
21impeachment for, and conviction of treason, resignation, the justice who is next senior in con-
bribery, or other high crimes and misdemeanors. tinuous term of service shall become chief justice.
History: Adopted by convention, July 29, During incapacity of a chief justice, the duties,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. powers and emoluments of the office shall devolve
54; L. 1974, ch. 458, § 1; Nov. 5, 1974. upon the justice who is next senior in continuous
service.
§ 29. History: Adopted by convention, July 29,
History: L. 1875, ch. 140, § 1; eliminated by 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
revision, L. 1974, ch. 458; Nov. 5, 1974. 54; L. 1899, ch. 314, § 1; L. 1957, ch. 234, § 1; L.
1972, ch. 392, § 1; Nov. 7, 1972.
§ 30. Delegation of powers to interstate
bodies. The legislature may confer legislative § 3. Jurisdiction and terms. The supreme
powers upon interstate bodies, comprised of court shall have original jurisdiction in proceed-
officers of this state or its political subdivisions ings in quo warranto, mandamus, and habeas cor-
acting in conjunction with officers of other juris- pus; and such appellate jurisdiction as may be
dictions, relating to the functions thereof. Any provided by law. It shall hold one term each year
such delegation, and any agreement made thereun- at the seat of government and such other terms at
der shall be subject to limitation, change or ter- such places as may be provided by law, and its jur-
mination by the legislature, unless contained in a isdiction shall be co-extensive with the state.
compact approved by the congress. History: Adopted by convention, July 29,
History: L. 1974, ch. 458, § 1; Nov. 5, 1974. 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
55; L. 1972, ch. 392, § 1; Nov. 7, 1972.
Article 3.—JUDICIAL
§ 4. Reporter; clerk. There shall be appoin-
§ 1. Judicial power; seals; rules. The judi- ted, by the justices of the supreme court, a reporter
cial power of this state shall be vested exclusively and clerk of said court, who shall hold their offices
in one court of justice, which shall be divided into two years, and whose duties shall be prescribed by
one supreme court, district courts, and such other law.
courts as are provided by law; and all courts of History: Adopted by convention, July 29,
record shall have a seal. The supreme court shall 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
have general administrative authority over all 55; L. 1972, ch. 392, § 1; Nov. 7, 1972.
courts in this state.
History: Adopted by convention, July 29, § 5. Selection of justices of the supreme
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. court. (a) Any vacancy occurring in the office of
54; L. 1972, ch. 392, § 1; Nov. 7, 1972. any justice of the supreme court and any position
to be open thereon as a result of enlargement of
§ 2. Supreme court. The supreme court the court, or the retirement or failure of an incum-
shall consist of not less than seven justices who bent to file his declaration of candidacy to succeed
shall be selected as provided by this article. All himself as hereinafter required, or failure of a
cases shall be heard with not fewer than four justice to be elected to succeed himself, shall be
justices sitting and the concurrence of a majority filled by appointment by the governor of one of
of the justices sitting and of not fewer than four three persons possessing the qualifications of
justices shall be necessary for a decision. The term office who shall be nominated and whose names
of office of the justices shall be six years except as shall be submitted to the governor by the supreme
hereinafter provided. The justice who is senior in court nominating commission established as here-
continuous term of service shall be chief justice, inafter provided.
and in case two or more have continuously served (b) In event of the failure of the governor to
during the same period the senior in age of these make the appointment within sixty days from the
shall be chief justice. A justice may decline or time the names of the nominees are submitted to
resign from the office of chief justice without him, the chief justice of the supreme court shall
resigning from the court. Upon such declination or make the appointment from such nominees.
22(c) Each justice of the supreme court appoin- ted by the governor from among the residents of
ted pursuant to provisions of subsection (a) of this each such district.
section shall hold office for an initial term ending (f) The terms of office, the procedure for
on the second Monday in January following the selection and certification of the members of the
first general election that occurs after the expira- commission and provision for their compensation
tion of twelve months in office. Not less than sixty or expenses shall be as provided by the legislature.
days prior to the holding of the general election (g) No member of the supreme court nominat-
next preceding the expiration of his term of office, ing commission shall, while he is a member, hold
any justice of the supreme court may file in the any other public office by appointment or any offi-
office of the secretary of state a declaration of can- cial position in a political party or for six months
didacy for election to succeed himself. If a declar- thereafter be eligible for nomination for the office
ation is not so filed, the position held by such of justice of the supreme court. The commission
justice shall be open from the expiration of his may act only by the concurrence of a majority of
term of office. If such declaration is filed, his its members.
name shall be submitted at the next general elec- History: Adopted by convention, July 29,
tion to the electors of the state on a separate judi- 1859; ratified by electors, Oct. 4, 1859; original
cial ballot, without party designation, reading sub- subject matter stricken, L. 1957, ch. 234, § 1; new
stantially as follows: subject matter substituted, L. 1972, ch. 392, § 1;
"Shall __________________________________ Nov. 7, 1972.
(Here insert name of justice.)
_______________________________________
(Here insert the title of the court.) § 6. District courts. (a) The state shall be
be retained in office?" divided into judicial districts as provided by law.
If a majority of those voting on the question vote Each judicial district shall have at least one district
against retaining him in office, the position or judge. The term of office of each judge of the dis-
office which he holds shall be open upon the trict court shall be four years. District court shall
expiration of his term of office; otherwise he shall, be held at such times and places as may be
unless removed for cause, remain in office for the provided by law. The district judges shall be elec-
regular term of six years from the second Monday ted by the electors of the respective judicial dis-
in January following such election. At the expira- tricts unless the electors of a judicial district have
tion of each term he shall, unless by law he is adopted and not subsequently rejected a method of
compelled to retire, be eligible for retention in nonpartisan selection. The legislature shall provide
office by election in the manner prescribed in this a method of nonpartisan selection of district
section. judges and for the manner of submission and
(d) A nonpartisan nominating commission resubmission thereof to the electors of a judicial
whose duty it shall be to nominate and submit to district. A nonpartisan method of selection of dis-
the governor the names of persons for appoint- trict judges may be adopted, and once adopted
ment to fill vacancies in the office of any justice of may be rejected, only by a majority of electors of
the supreme court is hereby established, and shall a judicial district voting on the question at an elec-
be known as the "supreme court nominating com- tion in which the proposition is submitted.
mission." Said commission shall be organized as Whenever a vacancy occurs in the office of district
hereinafter provided. judge, it shall be filled by appointment by the gov-
(e) The supreme court nominating commis- ernor until the next general election that occurs
sion shall be composed as follows: One member, more than thirty days after such vacancy, or as
who shall be chairman, chosen from among their may be provided by such nonpartisan method of
number by the members of the bar who are resid- selection.
ents of and licensed in Kansas; one member from (b) The district courts shall have such jurisdic-
each congressional district chosen from among tion in their respective districts as may be
their number by the resident members of the bar in provided by law.
each such district; and one member, who is not a (c) The legislature shall provide for clerks of
lawyer, from each congressional district, appoin- the district courts.
23(d) Provision may be made by law for judges § 11.
pro tem of the district court. History: Adopted by convention, July 29,
(e) The supreme court or any justice thereof 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
shall have the power to assign judges of district 55; stricken from article, L. 1957, ch. 234, § 1;
courts temporarily to other districts. Nov. 4, 1958.
(f) The supreme court may assign a district
judge to serve temporarily on the supreme court. § 12. Extension of terms until successor
History: Adopted by convention, July 29, qualified. All judicial officers shall hold their
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. offices until their successors shall have qualified.
55; L. 1972, ch. 392, § 1; Nov. 7, 1972. History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
§ 7. Qualifications of justices and judges. 56; L. 1972, ch. 392, § 1; Nov. 7, 1972.
Justices of the supreme court and judges of the
district courts shall be at least thirty years of age § 13. Compensation of justices and
and shall be duly authorized by the supreme court judges; certain limitation. The justices of the
of Kansas to practice law in the courts of this state supreme court and judges of the district courts
and shall possess such other qualifications as may shall receive for their services such compensation
be prescribed by law. as may be provided by law, which shall not be
History: Adopted by convention, July 29, diminished during their terms of office, unless by
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. general law applicable to all salaried officers of
55; original subject matter eliminated and present the state. Such justices or judges shall receive no
substituted, L. 1972, ch. 392, § 1; Nov. 7, 1972. fees or perquisites nor hold any other office of
profit or trust under the authority of the state, or
§ 8. Prohibition of political activity by the United States except as may be provided by
justices and certain judges. No justice of the law, or practice law during their continuance in
supreme court who is appointed or retained under office.
the procedure of section 5 of this article, nor any History: Adopted by convention, July 29,
judge of the district court holding office under a 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
nonpartisan method authorized in subsection (a) of 56; L. 1947, ch. 249, § 1; L. 1972, ch. 392, § 1;
section 6 of this article, shall directly or indirectly Nov. 7, 1972.
make any contribution to or hold any office in a
political party or organization or take part in any § 14.
political campaign. History: Adopted by convention, July 29,
History: Adopted by convention, July 29, 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. 56; eliminated by revision, L. 1972, ch. 392, § 1;
55; L. 1905, ch. 544, § 1; original subject matter Nov. 7, 1972.
eliminated and present substituted, L. 1972, ch. § 15. Removal of justices and judges.
392, § 1; Nov. 7, 1972. Justices of the supreme court may be removed
§ 9. from office by impeachment and conviction as
History: Adopted by convention, July 29, prescribed in article 2 of this constitution. In addi-
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. tion to removal by impeachment and conviction,
55; eliminated by revision, L. 1972, ch. 392, § 1; justices may be retired after appropriate hearing,
Nov. 7, 1972. upon certification to the governor, by the supreme
court nominating commission that such justice is
§ 10. so incapacitated as to be unable to perform
History: Adopted by convention, July 29, adequately his duties. Other judges shall be sub-
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. ject to retirement for incapacity, and to discipline,
55; eliminated by revision, L. 1972, ch. 392, § 1; suspension and removal for cause by the supreme
Nov. 7, 1972. court after appropriate hearing.
24History: Adopted by convention, July 29, 57; eliminated by revision, L. 1972, ch. 392, § 1;
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. Nov. 7, 1972.
56; L. 1972, ch. 392, § 1; Nov. 7, 1972.
Article 4.—ELECTIONS
§ 16. Savings clause. Nothing contained in
this amendment to the constitution shall: (a) § 1. Mode of voting. All elections by the
Shorten the term of office or abolish the office of people shall be by ballot or voting device, or both,
any justice of the supreme court, any judge of the as the legislature shall by law provide.
district court, or any other judge of any other court History: Adopted by convention, July 29,
who is holding office at the time this amendment 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
becomes effective, or who is holding office at the 57; L. 1974, ch. 463, § 1; Nov. 5, 1974.
time of adoption, rejection, or resubmission of a § 2. General elections. General elections
nonpartisan method of selection of district judges shall be held biennially on the Tuesday succeeding
as provided in subsection (a) of section 6 hereof, the first Monday in November in even-numbered
and all such justices and judges shall hold their years. Not less than three county commissioners
respective offices for the terms for which elected shall be elected in each organized county in the
or appointed unless sooner removed in the manner state, as provided by law.
provided by law; (b) repeal any statute of this state History: Adopted by convention, July 29,
relating to the supreme court, the supreme court 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
nominating commission, district courts, or any 57; L. 1901, ch. 424, § 1; L. 1964, ch. 24—Bud.
other court, or relating to the justices or judges of Session; L. 1968, ch. 97, § 1; L. 1974, ch. 463, §
such courts, and such statutes shall remain in force 1; Nov. 5, 1974.
and effect until amended or repealed by the legis-
lature. § 3. Recall of elected officials. All elected
History: Adopted by convention, July 29, public officials in the state, except judicial
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. officers, shall be subject to recall by voters of the
56; original subject matter stricken and new state or political subdivision from which elected.
subject substituted by revision, L. 1972, ch. 392, § Procedures and grounds for recall shall be pre-
1; Nov. 7, 1972. scribed by law.
History: L. 1913, ch. 336, § 1; L. 1974, ch.
§ 17. 463, § 1; Nov. 5, 1974.
History: Adopted by convention, July 29,
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. § 4.
56; eliminated by revision, L. 1972, ch. 392, § 1; History: L. 1913, ch. 336, § 1; eliminated by
Nov. 7, 1972. revision, L. 1974, ch. 463; Nov. 5, 1974.
§ 18. § 5.
History: Adopted by convention, July 29, History: L. 1913, ch. 336, § 1; eliminated by
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. revision, L. 1974, ch. 463; Nov. 5, 1974.
56; stricken from article, L. 1957, ch. 234, § 1;
Nov. 4, 1958. Article 5.—SUFFRAGE
§ 19. § 1. Qualifications of electors. Every citizen
History: Adopted by convention, July 29, of the United States who has attained the age of
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. eighteen years and who resides in the voting area
57; eliminated by revision, L. 1972, ch. 392, § 1; in which he or she seeks to vote shall be deemed a
Nov. 7, 1972. qualified elector. Laws of this state relating to vot-
ing for presidential electors and candidates for the
§ 20. office of president and vice-president of the
History: Adopted by convention, July 29, United States shall comply with the laws of the
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. United States relating thereto. A citizen of the
25United States, who is otherwise qualified to vote 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
in Kansas for presidential electors and candidates 58; Repealed, L. 1972, ch. 393, § 1; Aug. 1, 1972.
for the offices of president and vice-president of
the United States may vote for such officers either § 6.
in person or by absentee ballot notwithstanding History: Adopted by convention, July 29,
the fact that such person may have become a non- 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
resident of this state if his or her removal from this 58; eliminated by revision, L. 1974, ch. 462, § 1;
state occurs during a period in accordance with Aug. 6, 1974.
federal law next preceding such election. A person § 7. Privileges of elector. Electors, during
who is otherwise a qualified elector may vote in their attendance at elections, and in going to and
the voting area of his or her former residence returning therefrom, shall be privileged from
either in person or by absentee ballot notwith- arrest in all cases except felony or breach of the
standing the fact that such person may have peace.
become a nonresident of such voting area during a History: Adopted by convention, July 29,
period prescribed by law next preceding the elec- 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
tion at which he or she seeks to vote, if his new 58; L. 1974, ch. 462, § 1; Aug. 6, 1974.
residence is in another voting area in the state of
Kansas. § 8.
History: Adopted by convention, July 29, History: L. 1911, ch. 337, § 1; eliminated by
1859; ratified by electors, Oct. 4, 1859; L. 1861, revision, L. 1974, ch. 462, § 1; Aug. 6, 1974.
p.57; L. 1917, ch. 353, § 1; L. 1962, ch. 33, § 1; L.
1971, ch. 351, § 1; L. 1974, ch. 462, § 1; Aug. 6, Article 6.—EDUCATION
1974.
§ 1. Schools and related institutions and
§ 2. Disqualification to vote. The legislature activities. The legislature shall provide for intel-
may, by law, exclude persons from voting because lectual, educational, vocational and scientific
of commitment to a jail or penal institution. No improvement by establishing and maintaining
person convicted of a felony under the laws of any public schools, educational institutions and related
state or of the United States, unless pardoned or activities which may be organized and changed in
restored to his civil rights, shall be qualified to such manner as may be provided by law.
vote. History: Adopted by convention, July 29,
History: Adopted by convention, July 29, 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. 58; original subject matter stricken and new
57; Senate Journal of 1867, p. 550; L. 1974, ch. subject substituted, L. 1966, ch. 10—Spec. Sess.;
462, § 1; L. 2010, ch 174, § 1; Nov. 2, 2010. Nov. 8, 1966.
§ 3. § 2. State board of education and state
History: Adopted by convention, July 29, board of regents. (a) The legislature shall provide
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. for a state board of education which shall have
57; L. 1864, ch. 45, § 1; eliminated by revision, L. general supervision of public schools, educational
1974, ch. 462, § 1; Aug. 6, 1974. institutions and all the educational interests of the
state, except educational functions delegated by
§ 4. Proof of right to vote. The legislature law to the state board of regents. The state board
shall provide by law for proper proofs of the right of education shall perform such other duties as
of suffrage. may be provided by law.
History: Adopted by convention, July 29, (b) The legislature shall provide for a state
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. board of regents and for its control and supervi-
58; L. 1974, ch. 462, § 1; Aug. 6, 1974. sion of public institutions of higher education.
Public institutions of higher education shall
§ 5. include universities and colleges granting bacca-
History: Adopted by convention, July 29, laureate or postbaccalaureate degrees and such
26other institutions and educational interests as may 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
be provided by law. The state board of regents 58; original subject matter stricken and new
shall perform such other duties as may be pre- subject substituted, L. 1966, ch. 10—Spec. Sess.;
scribed by law. Nov. 8, 1966.
(c) Any municipal university shall be oper-
ated, supervised and controlled as provided by § 5. Local public schools. Local public
law. schools under the general supervision of the state
History: Adopted by convention, July 29, board of education shall be maintained, developed
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. and operated by locally elected boards. When
58; original subject matter stricken and new authorized by law, such boards may make and
subject substituted, L. 1966, ch. 10—Spec. Sess.; carry out agreements for cooperative operation
Nov. 8, 1966. and administration of educational programs under
the general supervision of the state board of edu-
§ 3. Members of state board of education cation, but such agreements shall be subject to
and state board of regents. (a) There shall be ten limitation, change or termination by the legis-
members of the state board of education with lature.
overlapping terms as the legislature may prescribe. History: Adopted by convention, July 29,
The legislature shall make provision for ten mem- 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
ber districts, each comprised of four contiguous 59; original subject matter stricken and new
senatorial districts. The electors of each member subject substituted, L. 1966, ch. 10—Spec. Sess.;
district shall elect one person residing in the dis- Nov. 8, 1966.
trict as a member of the board. The legislature
shall prescribe the manner in which vacancies § 6. Finance. (a) The legislature may levy a
occurring on the board shall be filled. permanent tax for the use and benefit of state insti-
(b) The state board of regents shall have nine tutions of higher education and apportion among
members with overlapping terms as the legislature and appropriate the same to the several institu-
may prescribe. Members shall be appointed by the tions, which levy, apportionment and appropri-
governor, subject to confirmation by the senate. ation shall continue until changed by statute. Fur-
One member shall be appointed from each con- ther appropriation and other provision for finance
gressional district with the remaining members of institutions of higher education may be made by
appointed at large, however, no two members shall the legislature.
reside in the same county at the time of their (b) The legislature shall make suitable provi-
appointment. Vacancies occurring on the board sion for finance of the educational interests of the
shall be filled by appointment by the governor as state. No tuition shall be charged for attendance at
provided by law. any public school to pupils required by law to
(c) Subsequent redistricting shall not disqual- attend such school, except such fees or supple-
ify any member of either board from service for mental charges as may be authorized by law. The
the remainder of his term. Any member of either legislature may authorize the state board of
board may be removed from office for cause as regents to establish tuition, fees and charges at
may be provided by law. institutions under its supervision.
History: Adopted by convention, July 29, (c) No religious sect or sects shall control any
1859; ratified by electors, Oct. 4, 1859; L. 1861, p. part of the public educational funds.
58; original subject matter stricken and new History: Adopted by convention, July 29,
subject substituted, L. 1966, ch. 10—Spec. Sess.; 1859; ratified by electors, Oct. 4, 1859; L. 1861, p.
Nov. 8, 1966. 59; original subject matter stricken and new
subject substituted, L. 1966, ch. 10—Spec. Sess.;
§ 4. Commissioner of education. The state Nov. 8, 1966.
board of education shall appoint a commissioner
of education who shall serve at the pleasure of the § 7. Savings clause. (a) All laws in force at
board as its executive officer. the time of the adoption of this amendment and
History: Adopted by convention, July 29, consistent therewith shall remain in full force and
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