Ks. Const. art. 15, § 0 — Article 15 / Section 0
KS Const., Article 15
Status: in_force

[ edit ] § 1: Selection of officers. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law. § 2: Tenure of office; merit system in civil service. The tenure of any office not herein provided for may be declared by law; when not so declared, such office shall be held during the pleasure of the authority making appointment, but the legislature shall not create any office the tenure of which shall be longer than four years, except that appointments under a merit system in civil service shall not be subject to such limitation. The legislature may make provisions for a merit system under which appointments and promotions in the civil service of this state and all civil divisions thereof, shall be made according to merit and fitness, to be determined, so far as practicable, by examination, which, so far as practicable, shall be competitive. § 3: Lotteries. Lotteries and the sale of lottery tickets are forever prohibited. § 3a: Regulation, licensing and taxation of "bingo" games authorized. Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas the legislature may regulate, license and tax the operation or conduct of games of bingo and instant bingo, as defined by law, by bona fide nonprofit religious, charitable, fraternal, educational and veterans organizations. § 3b: Regulation, licensing and taxation of horse and dog racing and parimutuel wagering thereon. Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas, the legislature may permit, regulate, license and tax, at a rate not less than 3% nor more than 6% of all money wagered, the operation or conduct, by bona fide nonprofit organizations, of horse and dog racing and parimutuel wagering thereon in any county in which: (a) A majority of the qualified electors of the county voting thereon approve this proposed amendment; or (b) the qualified electors of the county approve a proposition, by a majority vote of those voting thereon at an election held within the county, to permit such racing and wagering within the boundaries of the county. No off-track betting shall be permitted in connection with horse and dog racing permitted pursuant to this section. § 3c: State-owned and operated lottery. Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas, the legislature may provide for a state-owned and operated lottery, except that such state-owned lottery shall not be operated after June 30, 1990, unless authorized to be operated after such date by a concurrent resolution approved by a majority of all of the members elected (or appointed) and qualified of each house and adopted in the 1990 regular session of the legislature. The state shall whenever possible provide the public information on the odds of winning a prize or prizes in a lottery game. § 3d. Regulation of ‘‘raffles’’ authorized. Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas, the legislature may authorize the licensing, conduct and regulation of charitable raffles by nonprofit religious, charitable, fraternal, educational and veterans organizations. A raffle means a game of chance in which each participant buys a ticket or tickets from a nonprofit organization with each ticket providing an equal chance to win a prize and the winner being determined by a random drawing. Such organizations shall not use an electronic gaming machine or vending machine to sell tickets or conduct raffles. No such nonprofit organization shall contract with a professional raffle or other lottery vendor to manage, operate or conduct any raffle. Raffles shall be licensed and regulated by the Kansas department of revenue, office of charitable gaming or successor agency. § 4: Repealed. § 5: Financial statements; publication. An accurate and detailed statement of the receipts and expenditures of the public moneys, and the several amounts paid, to whom, and on what account, shall be published, as prescribed by law. § 6: Rights of women. The legislature shall provide for the protection of the rights of women, in acquiring and possessing property, real, personal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children. § 7: Salaries reduced for neglect of duty. The legislature may reduce the salaries of officers, who shall neglect the performance of any legal duty. § 8: Location of state capital. The temporary seat of government is hereby located at the city of Topeka, county of Shawnee. The first legislature under this constitution shall provide by law for submitting the question of the permanent location of the capital to a popular vote, and a majority of all the votes cast at some general election shall be necessary for such location. § 9: Homestead exemption . A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon: Provided, That provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife: And provided further, That the legislature by an appropriate act or acts, clearly framed to avoid abuses, may provide that when it is shown the husband or wife while occupying a homestead is adjudged to be insane, the duly appointed guardian of the insane spouse may be authorized to join with the sane spouse in executing a mortgage upon the homestead, renewing or refinancing an encumbrance thereon which is likely to cause its loss, or in executing a lease thereon authorizing the lessee to explore and produce therefrom oil, gas, coal, lead, zinc, or other minerals. § 10: Intoxicating liquors. (a) The legislature may provide for the prohibition of intoxicating liquors in certain areas. (b) The legislature may regulate, license and tax the manufacture and sale of intoxicating liquors, and may regulate the possession and transportation of intoxicating liquors. (c) The sale of intoxicating liquor by the individual drink in public places is prohibited, except that the legislature may permit, regulate, license and tax the sale of intoxicating liquor by the drink in public places in a county where the qualified electors of the county approve, by a majority vote of those voting on this proposition, to adopt this proposition, but such sales shall be limited to: (1) Public places where gross receipts from sales of food for consumption on the premises constitute not less than 30% of the gross receipts from all sales of food and beverages on such premises; or (2) public places for which a temporary permit has been issued as authorized by law. At any subsequent general election, the legislature may provide by law for the submission of propositions to qualified electors of counties for: (1) The prohibition of sales of intoxicating liquor by the individual drink in public places within the county; (2) the regulation, licensing, taxing and sale of intoxicating liquor by the drink in public places within the county without a requirement that any portion of their gross receipts be derived from the sale of food; or (3) the regulation, licensing, taxing and sale of intoxicating liquor by the drink in public places within the county which derive not less than 30% of their gross receipts from the sale of food for consumption on the premises. Temporary permits for the sale of intoxicating liquor may be issued in any county in which the regulation, licensing, taxation and sale of intoxicating liquor by the drink in public places is approved pursuant to this section, but no temporary permit shall be issued for the sale of intoxicating liquor by the drink within any county in which the regulation, licensing, taxation and sale of intoxicating liquor by the drink in public places is prohibited. § 11: Repealed. § 12: Membership or nonmembership in labor organizations. No person shall be denied the opportunity to obtain or retain employment because of membership or nonmembership in any labor organization, nor shall the state or any subdivision thereof, or any individual, corporation, or any kind of association enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of membership or nonmembership in any labor organization. § 13: Continuity of state and local governmental operations. Notwithstanding any general or special provision of this constitution, the legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations including, but not limited to, the financing thereof. In the exercise of the powers hereby conferred the legislature shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the legislature so to do would be impracticable or would admit of undue delay. § 14: Oaths of state officers. All state officers before entering upon their respective duties shall take and subscribe an oath or affirmation to support the constitution of the United States and the constitution of this state, and faithfully to discharge the duties of their respective offices. § 15: Victims' rights. (a) Victims of crime, as defined by law, shall be entitled to certain basic rights, including the right to be informed of and to be present at public hearings, as defined by law, of the criminal justice process, and to be heard at sentencing or at any other time deemed appropriate by the court, to the extent that these rights do not interfere with the constitutional or statutory rights of the accused. (b) Nothing in this section shall be construed as creating a cause of action for money damages against the state, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. The legislature may provide for other remedies to ensure adequate enforcement of this section. (c) Nothing in this section shall be construed to authorize a court to set aside or to void a finding of guilty or not guilty or an acceptance of a plea of guilty or to set aside any sentence imposed or any other final disposition in any criminal case. § 16: Marriage. (a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void. (b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage. Schedule [ edit ] § 1: Change from a territorial to a state government. That no inconvenience may arise from the change from a territorial government to a permanent state government, it is declared by this constitution that all suits, rights, actions, prosecutions, recognizances, contracts, judgments and claims, both as respects individuals and bodies corporate, shall continue as if no change had taken place. § 2: Penalties, forfeitures and bonds. All fines, penalties and forfeitures, owing to the territory of Kansas, or any county, shall inure to the use of the state or county. All bonds executed to the territory, or any officer thereof, in his official capacity, shall pass over to the governor, or other officers of the state or county, and their successors in office, for the use of the state or county, or by him or them to be respectively assigned over to the use of those concerned, as the case may be. § 3: Officers of territory. The governor, secretary and judges, and all other officers, both civil and military, under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this constitution. § 4: Laws. All laws and parts of laws in force in the territory, at the time of the acceptance of this constitution by congress, not inconsistent with this constitution, shall continue and remain in full force until they expire, or shall be repealed. § 5: Seal. The governor shall use his private seal until a state seal is provided. § 6: Offices at capital. The governor, secretary of state, auditor of state, treasurer of state, attorney general, and superintendent of public instruction, shall keep their respective offices at the seat of government. § 7: Court records and documents. All records, documents, books, papers, moneys and vouchers belonging and pertaining to the several territorial courts, and offices and to the several districts and county offices, at the date of the admission of this state into the union, shall be disposed of in such manner as may be prescribed by law. § 8: Suits and proceedings. All suits, pleas, plaints and other proceedings pending in any court of record, or justice's court, may be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, injunctions, or other proceedings whatever, may progress and be carried on as if this constitution had not been adopted, and the legislature shall direct the mode in which such suits, pleas, plaints, prosecutions and other proceedings, and all papers, records, books and documents connected therewith, may be removed to the courts established by this constitution. § 9: Ratification or rejection of constitution. For the purpose of taking the vote of the electors of this territory for the ratification or rejection of this constitution, an election shall beheld in the several voting precincts in this territory, on the first Tuesday in October, A.D. 1859. § 10: Mode of voting on constitution. Each elector shall express his assent or dissent by voting a written or printed ballot labeled "For the Constitution," or "Against the Constitution." § 11: First election under constitution. If a majority of all the votes cast at such election shall be in favor of the constitution, then there shall be an election held in the several voting precincts on the first Tuesday in December, A.D. 1859, for the election of members of the first legislature, of all state, district and county officers provided for in this constitution, and for a representative in congress. § 12: Persons qualified to vote. All persons having the qualification of electors, according to the provisions of this constitution, at the date of each of said elections, and who shall have been duly registered according to the provisions of the registry law of this territory, and none others, shall be entitled to vote at each of said elections. § 13: Judges of election. The persons who may be judges of the several voting precincts of this territory at the date of the respective elections in this schedule provided for, shall be the judges of the respective elections herein provided for. § 14: Oath of judges; clerks. The said judges of election, before entering upon the duties of their office, shall take and subscribe an oath faithfully to discharge their duties as such. They shall appoint two clerks of election, who shall be sworn by one of said judges faithfully to discharge their duties as such. In the event of a vacancy in the board of judges the same shall be filled by the electors present. § 15: When polls open. At each of the elections provided for in this schedule the polls shall be open between the hours of nine and ten o'clock a.m. and closed at sunset. § 16: Poll books. The tribunals transacting county business of the several counties, shall cause to be furnished to the boards of judges in their respective counties two poll books for each election hereinbefore provided for, upon which the clerks shall inscribe the name of every person who may vote at the said elections. § 17: Count of votes. After closing the polls at each of the elections provided for in this schedule, the judges shall proceed to count the votes cast, and designate the persons or objects for which they were cast, and shall make two correct tally lists of the same. § 18: Custody of poll books and tally lists. Each of the board of judges shall safely keep one poll book and tally list, and the ballots cast at each election; and shall, within ten days after such election, cause the other poll book and tally list to be transmitted, by the hands of a sworn officer, to the clerk of the board transacting county business in their respective counties, or to which the county may be attached for municipal purposes. § 19: Canvass of votes; transcript. The tribunals transacting county business shall assemble at the county seats of their respective counties on the second Tuesday after each of the elections provided for in this schedule, and shall canvass the votes cast at the elections held in the several precincts in their respective counties, and of the counties attached for municipal purposes. They shall hold in safekeeping the poll books and tally lists of said elections, and shall, within ten days thereafter, transmit, by the hands of a sworn officer, to the president of this convention, at the city of Topeka, a certified transcript of the same, showing the number of votes cast for each person or object voted for at each of the several precincts in their respective counties, and in the counties attached for municipal purposes, separately. § 20: State canvassers. The governor of the territory, and the president and secretary of this convention shall constitute a board of state canvassers, any two of whom shall be a quorum; and who shall, on the fourth Monday after each of the elections provided for in this schedule, assemble at said city of Topeka, and proceed to open and canvass the votes cast at the several precincts in the different counties of the Territory and declare the result; and shall immediately issue certificates of election to all persons (if any) thus elected. § 21: Declaration of result of election. Said board of state canvassers shall issue their proclamation not less than twenty days next preceding each of the elections provided for in this schedule. Said proclamation shall contain an announcement of the several elections, the qualifications of electors, the manner of conducting said elections and of making the returns thereof, as in this constitution provided, and shall publish said proclamation in one newspaper in each of the counties of the territory in which a newspaper may be then published. § 22: Copies of constitution for federal authorities. The board of state canvassers shall provide for the transmission of authenticated copies of the constitution to the president of the United States, the president of the senate and speaker of the house of representatives. § 23: Proclamation of governor . Upon official information having been by him received of the admission of Kansas into the union as a state, it shall be the duty of the governor elect under the constitution to proclaim the same and to convene the legislature, and to do all things else necessary to the complete and active organization of the state government. § 24: County lines. The first legislature shall have no power to make any changes in county lines. § 25: Homestead provision. At the election to be held for the ratification or rejection of this constitution, each elector shall be permitted to vote on the homestead provision contained in the article on "Miscellaneous," by depositing a ballot inscribed "For the Homestead," or "Against the Homestead"; and if a majority of all the votes cast at said election shall be against said provision, then it shall be stricken from the constitution. Resolutions [ edit ] Sundry resolutions. Resolved, That the congress of the United States is hereby requested, upon the application of Kansas for admission into the union, to pass an act granting to the state forty-five hundred thousand acres of land to aid in the constitution of railroads and other internal improvements. Resolved, That congress be further requested to pass an act appropriating fifty thousand acres of land for the improvement of the Kansas river from its mouth to Fort Riley. Resolved, That congress be further requested to pass an act granting all swamp lands within the state for the benefit of common schools. Resolved, That congress be further requested to pass an act appropriating five hundred thousand dollars, or in lieu thereof, five hundred thousand acres of land, for the payment of claims awarded to citizens of Kansas, by the claim commissioners appointed by the governor and legislature of Kansas, under an act of the territorial legislature, passed February 7, 1859. Resolved, That the legislature shall make provision for the sale or disposal of the lands granted to the state in aid of internal improvements and for other purposes, subject to the same rights of preemption to the settlers thereon as are no allowed by law to settlers on the public land. Resolved, That it is the desire of the people of Kansas to be admitted into the union with this constitution. Resolved, That congress be further requested to assume the debt of this territory. Done in convention in Wyandotte, this 29th day of July, A.D. 1859. JAMES M. WINCHELL, President of the Kansas Constitutional Convention, and Member from Osage County. Robt, Graham, J.A. Middleton, John Taylor Burris, Wm. Hutchinson, N.C. Blood, John P. Greer, W.P. Dutton, Wm. McCullough, Jas. G. Blunt, J.C. Burnett, Wm. R. Griffith, Caleb May, S.D. Houston, Josiah Lamb, H.D. Preston, Edmund G. Ross, James Hanway, John James Ingalls, Saml. A. Kingman, James Blood, S.O. Thatcher, Edwin Stokes, John Ritchey, Benjamin S. Simpson, James M. Arthur, Saml. E. Hoffman, James H. Signor, Robt. J. Porter, Luther R. Palmer, R.L. Williams, P.H. Townsend, Allen Crocker, George H. Lillie. JOHN A. MARTIN, Secretary . The following-named delegates to the Wyandotte convention did not sign the constitution: J.P. Slough, C.B. McClellan, J.W. Forman, J. Stiarwalt, W.C. McDowell, A.D. McCune, John Wright, W. Perry, E. Moore, P.S. Parks, E.M. Hubbard, F. Brown, Sam. Hipple, S.A. Stinson, R.C. Foster, J.T. Barton, B. Wrigley, T.S. Wright. This work is in the public domain in the U.S. because it is an edict of a government , local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices . Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties." These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5). A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{ PD-in-USGov }}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations. Public domain Public domain false false