25-322. Vacancy in office of United States senator; how filled; eligibility for appointment.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Upon a vacancy occurring in the office of United States senator from this state, the governor shall make a temporary appointment to fill such vacancy until a successor is elected and qualified. Such temporary appointment shall be made in accordance with the provisions of K.S.A. 2025 Supp. 25-323 through 25-325 , and amendments thereto. Within three calendar days after receiving a concurrent resolution adopted pursuant to K.S.A. 2025 Supp. 25-325 , and amendments thereto, or a report submitted pursuant to K.S.A. 2025 Supp. 25-324 , and amendments thereto, the governor shall appoint one of the three persons recommended as candidates in such concurrent resolution or report to temporarily fill such vacancy. Except as otherwise provided, at the time of the next election of representatives in congress immediately following such vacancy, such vacancy shall be filled by election and the senator so elected shall take office upon receiving such senator's certificate of election. If the vacancy occurs on or after May 1 in an even-numbered year, then such vacancy shall be filled by election at the election of representatives in congress held two years following the year in which such vacancy occurs.

(b)No person shall be appointed pursuant to this act unless such person is a resident of this state and shall have been registered with the same political party for the immediately preceding six years as that of the United States senator elected at the immediately preceding election for such office. If the United States senator elected at the immediately preceding election for such office was not registered with any political party, then any suitable person who is a resident of this state may be appointed pursuant to K.S.A. 2025 Supp. 25-323 through 25-325 , and amendments thereto.

(c)No person appointed pursuant to subsection

(a)shall take office unless such appointment is certified by the secretary of state to the United States senate. The secretary shall not certify any person as being appointed to fill a vacancy in the office of United States senator unless such person is appointed in accordance with this section.