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House Elections Committee advances bill setting party-based replacement process for statewide vacancies; also approves two federal-funds measures

2524736 · March 7, 2025
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Summary

The House Elections Committee on its final meeting day of the 2025 session voted to report Senate Bill 105 as amended, advancing a new process for filling vacancies in the U.S. Senate and certain statewide offices that requires the governor to appoint a replacement from the same political party as the departing official and sets party-membership and committee-selection rules.

The House Elections Committee on its final meeting day of the 2025 session voted to report Senate Bill 105 as amended, advancing a new process for filling vacancies in the U.S. Senate and certain statewide offices that requires the governor to appoint a replacement from the same political party as the departing official and sets party-membership and committee-selection rules.

The measure, as amended, was approved after lawmakers debated who should choose replacement candidates, how long a person must have been affiliated with a party to qualify, and the size and partisan makeup of the panel that nominates candidates. Committee members also passed Senate Bill 5 and Senate Bill 6, measures concerning acceptance and expenditure of federal funds by state and local governments; both received similar amendments changing the bill—nacting language to take effect upon publication in the Kansas Register.

Supporters said SB 105 restores voters nd legislative voices in selecting replacements and prevents last-minute partisan switches to qualify appointees. Opponents said the bill concentrates power in a committee dominated by the majority and risks disenfranchising voters who elected officials of a different party.

Clay Barker, a staff representative from the Office of the Kansas Secretary of State, testified as neutral and summarized two technical points the office flagged: that the bill includes a May 1 cutoff for whether a special election will be scheduled to complete a U.S. Senate term, and that the treasurer and insurance commissioner positions will be filled for the full remainder of the term by gubernatorial appointment with no subsequent special election. "The secretary of state is overall neutral on this bill," Barker said, adding the office raised no objections to the bill's certification provision.

The committee considered and rejected a proposal from the ranking minority member to remove the multi-step committee nomination process and instead allow the governor to appoint any person from the departed official—hair's party. That amendment was defeated after members said it would undercut the bill uthor's intent to provide legislative scrutiny of appointees.

Lawmakers also debated how long a prospective appointee must have been affiliated with the party of the departing official. The original language required six years of party affiliation; an amendment adopted by the committee shortened the requirement to having participated in two even-year general elections (a standard the bill drafters described as roughly equivalent to a multi-year presence in the party). Critics said that reduction could lower the bar for high-office appointees, while supporters said it prevents last-minute party switches intended to game the appointment process.

On committee composition, members pressed for different approaches, including proposals to expand the selection committee from 10 to 16 members and suggestions to tie membership to statewide voter-registration percentages. The committee rejected the expansion proposal and retained a structure that supporters said would produce three nominees for the governor to consider.

Votes at a glance

- Senate Bill 5: Motion to report favorably passed. The committee adopted an amendment changing the bill—nacting date from publication in the statute book to publication in the Kansas Register before passing the bill out of committee.

- Senate Bill 6: Motion to report favorably passed. The same enactment-date amendment as SB 5 was adopted; Representative McDonald requested that her no vote be recorded along with Representative Miller and the ranking minority member.

- Senate Bill 105: Motion to report SB 105 as amended favorably passed. The committee adopted language that (1) requires the governor to appoint a temporary replacement from the same political party as the departing official, (2) shortens the party-affiliation requirement to two even-year general-election participations, and (3) preserves a legislative nomination and review step before final appointment. Representatives McDonald, Simmons, the ranking minority member, and Representative Miller asked to have their no votes recorded.

What happens next

With the committee pproval, SB 105 is scheduled for general orders next week. The bill s amended will go to the full House for consideration; if enacted, it will change the process by which Kansas fills U.S. Senate vacancies and certain statewide offices when they occur between elections.

Speakers and testimony were recorded on the committee record; written-only testimony from Britney Stolter was noted but not orally presented.