If a county commission seat becomes vacant by resignation or recall election, Kansas Election Standards prescribe that the political party of a commissioner who vacates a seat gets to nominate a replacement for appointment by the governor.
When the county election clerk notifies the county party chairman of a vacancy, a party convention of precinct committeemen and committeewomen from the commission district must be held within 21 days.
At least one-third of the precinct committeemen and committeewomen eligible to participate are necessary for a quorum to elect a nominee.
A convention chairman must be chosen from among the attendees to oversee the proceedings.
Elections are conducted by secret ballot, and a candidate must receive a majority of votes cast to become the nominee. If no candidate receives a majority on the first ballot, voting would continue until someone wins a majority.
The convention chairman prepares a certificate, under oath, stating the name of the person elected to be appointed to fill the vacancy and transmits copies of the certificate to the governor and secretary of state for official appointment.
The governor has seven days to make the appointment, and the nominee becomes commissioner immediately upon appointment. If the governor fails to make an appointment after seven days, the nominee shall be deemed to have been appointed and become commissioner immediately.