Kansas Constitutional Amendment 2, County Sheriff Election and Recall Amendment (2022)

Kansas Constitutional Amendment 2
Election date November 8, 2022
Topic Elections and campaigns
Status a Approved
Type Constitutional amendment	Origin State legislature

Kansas Constitutional Amendment 2, the County Sheriff Election and Recall Amendment, was on the ballot in Kansas as a legislatively referred constitutional amendment on November 8, 2022. The ballot measure was approved.

A "yes" vote supported amending the state Constitution to require the election of county sheriffs in counties that had not abolished the office as of January 2022 and provide that sheriffs may be recalled from office or removed by a writ of quo warranto initiated by the attorney general.

A "no" vote opposed this amendment to require counties to elect sheriffs, thereby maintaining that counties can elect to operate under a consolidated law enforcement agency according to state law.

Election results

Kansas Constitutional Amendment 2
Result		Votes	Percentage
Yes		588,417	61.64%
No		366,167	38.36%

Results are officially certified.

Source

Overview

What did Constitutional Amendment 2 add to the state's constitution?

See also: Measure design

The amendment amended the Kansas Constitution to require the election of county sheriffs in counties that had not abolished the office as of January 2022 and provide that sheriffs may be recalled from office or removed by a writ of quo warranto initiated by the attorney general. Riley County abolished its sheriff’s office in 1974 and is the only county in Kansas without a sheriff.

Why does Riley County not have a sheriff?

See also: Consolidated county law enforcement agencies

In 1974, Riley County adopted a consolidated law enforcement agency and is the only county of the state's 105 that does not have a sheriff. The consolidation included Riley County Sheriff’s Office, the Manhattan Police Department, and the Ogden Police Department.

At the time of the election, Kansas state law provided that counties may adopt a consolidated county law enforcement agency. A consolidated county law enforcement agency "assumes control of the principal law enforcement duties presently held by the county and the cities therein." The law enforcement agency would not have a sheriff but rather a police director appointed by the law enforcement agency board.

Who supported and opposed Constitutional Amendment 2?

See also: Support and Opposition

The amendment received support from Kansas Attorney General Derek Schmidt (R), Kansas Sheriffs Association, and Johnston County Sheriff's Office. Attorney General Schmidt said, "The office of sheriff has deep historical roots, and the longstanding practice of election rather than appointment makes sheriffs uniquely accountable to the people. I commend the large bipartisan majorities in the Legislature for giving Kansas voters the opportunity to enshrine the elected office of sheriff in our state constitution, and I look forward to supporting and campaigning for this amendment this fall."

The amendment was opposed by State Representatives Sydney Carlin (D), Mike Dodson (R), and Dennis Highberger (D), as well as Kurt Moldrup, the interim director of the Riley County Police Department. State Rep. Michael Dodson (R) said, "If a county wishes to have a sheriff, that’s a great choice. Likewise, if a county wishes to consolidate, they should be able to do that."

Measure design

See also: Text of measure

Constitutional Amendment 2 amended the Kansas Constitution to require the election of county sheriffs in counties that had not abolished the office as of January 2022 and provide that sheriffs may be recalled from office or removed by a writ of quo warranto initiated by the attorney general. Under the amendment, the term of a county sheriff is four years. Riley County abolished its sheriff’s office in 1974 and is the only county in Kansas without a sheriff.

At the time of the election, state law provided for the election of a county sheriff for four years, except where counties have adopted, through a ballot measure, a consolidated county law enforcement agency that "assumes control of the principal law enforcement duties presently held by the county and the cities therein." The law enforcement agency would not have a sheriff. This is the case in Riley County.

At the time of the election, state law provided voters can recall a sheriff by submitting a petition containing valid signatures equal to at least 40% of the voters who voted in the last sheriff election.

Text of measure

Ballot title

The ballot title for the amendment was as follows:

“

Shall the following be adopted? § 2. County and township officers. (a) Except as provided in subsection (b), each county shall elect a sheriff for a term of four years by a majority of the qualified electors of the county voting thereon at the time of voting designated for such office pursuant to law in effect on January 11, 2022, and every four years thereafter. (b) The provisions of subsection (a) shall not apply to a county that abolished the office of sheriff prior to January 11, 2022. Such county may restore the office of sheriff as provided by law and such restoration shall be irrevocable. A county that restores the office of sheriff shall elect a sheriff by a majority of the qualified electors of the county voting thereon for a term of four years. Such sheriff shall have such qualifications and duties as provided by law. The time of voting for the office of sheriff may be provided for by the legislature pursuant to section 18 of article 2 of this constitution. (c) The filling of vacancies and the qualifications and duties of the office of sheriff shall be as provided by law. (d) The legislature shall provide forsuch other county and townshipofficers as may be necessary. § 5. Removal of officers. (a) Except as provided in subsection (b), all county and township officers may be removed from office, in such manner and for such cause, as shall be prescribed by law. (b) A county sheriff only may be involuntarily removed from office by recall election pursuant to section 3 of article 4 of this constitution or a writ of quo warranto initiated by the attorney general.

”

Ballot summary

The ballot summary for the amendment was as follows:

“

This amendment would preserve the right of citizens of each county that elected a county sheriff as of January 11, 2022, to continue electing the county sheriff. The amendment would also provide that a county sheriff only may be involuntarily removed from office pursuant to either a recall election or a writ of quo warranto initiated by the attorney general. A vote for this proposition would preserve the right of citizens of each county that elected a county sheriff as of January 11, 2022, to continue electing the county sheriff via popular vote. The amendment would also direct that a county sheriff only may be involuntarily removed from office pursuant to either a recall election or a writ of quo warranto initiated by the attorney general. A vote against this proposition would not make any changes to the constitution and would retain current law concerning the election of a sheriff and the procedures for involuntary removal of a sheriff from office.

”

Constitutional changes

See also: Article 9, Kansas Constitution

The measure amended sections 2 and 5 of Article 9 of the state constitution. The following underlined text was added, and struck-through text was deleted: Note: Hover over the text and scroll to see the full text.

Section 2:

County and Township Officers

(a) Except as provided in subsection (b), each county shall elect a sheriff for a term of four years by a majority of the qualified electors of the county voting thereon at the time of voting designated for such office pursuant to law in effect on January 11, 2022, and every four years thereafter.

(b) The provisions of subsection (a) shall not apply to a county that abolished the office of sheriff prior to January 11, 2022. Such county may restore the office of sheriff as provided by law and such restoration shall be irrevocable. A county that restores the office of sheriff shall elect a sheriff by a majority of the qualified electors of the county voting thereon for a term of four years. Such sheriff shall have such qualifications and duties as provided by law. The time of voting for the office of sheriff may be provided for by the legislature pursuant to section 18 of article 2 of this constitution.

(c) The filling of vacancies and the qualifications and duties of the office of sheriff shall be as provided by law.

The legislature shall provide for such other county and township officers as may be necessary.

Section 5:

Removal of Officers

(a) Except as provided in subsection (b), all county and township officers may be removed from office, in such manner and for such cause, as shall be prescribed by law.

(b) A county sheriff only may be involuntarily removed from office by recall election pursuant to section 3 of article 4 of this constitution or a writ of quo warranto initiated by the attorney general.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 12, and the FRE is 43. The word count for the ballot title is 267.

The FKGL for the ballot summary is grade level 18, and the FRE is 23. The word count for the ballot summary is 157.

Support

Supporters

Officials

• State Rep. Kenneth Collins (R)
• State Rep. John Resman (R)
• State Rep. Eric Smith (R)
• Douglas County Sheriff Jay Armbrister
• Kansas Attorney General Derek Schmidt (R)

Unions

• Kansas Sheriffs Association

Organizations

• Johnson County Sheriff's Office

Arguments

• State Rep. Eric Smith (R): "I just want you to consider the idea that when you have an elected sheriff out there, that individual serves you and serves your constituents as an individual who has to uphold those values that they were elected on, and you can hold them accountable for that."
• Douglas County Sherriff Jay Armbrister: "Throughout my career and in the more recent experience of being elected Douglas County Sheriff, I have seen the importance of the people having the opportunity to elect a law enforcement position that serves an entire county. Especially as a way to provide input and feedback on policy and how a sheriff’s office should serve a community."
• Kansas Attorney General Derek Schmidt (R): "The office of sheriff has deep historical roots, and the longstanding practice of election rather than appointment makes sheriffs uniquely accountable to the people. I commend the large bipartisan majorities in the Legislature for giving Kansas voters the opportunity to enshrine the elected office of sheriff in our state constitution, and I look forward to supporting and campaigning for this amendment this fall."
• Graham County Sheriff Cole Presley: "It's just a matter of just preserving people's rights to vote. It doesn't give us any more authority, it doesn't give us any more power, the statutes are still statutes, and what laws we enforce are still subject to the legislature. So, we don't gain anything other than knowing we always have an office."

Opposition

Opponents

Officials

• State Rep. Sydney Carlin (D)
• State Rep. Mike Dodson (R)
• State Rep. Dennis Highberger (D)

Organizations

• ACLU of Kansas

Individuals

• Kurt Moldrup - Director of the Riley County Police Department

Arguments

• State Rep. Michael Dodson (R): "If a county wishes to have a sheriff, that’s a great choice. Likewise, if a county wishes to consolidate, they should be able to do that."
• State Rep. Dennis Highberger (D): "As far as I can tell the office of elected sheriff is under no threat whatsoever in at least 103 counties. Allowing the citizens of the entire state to vote to tell an individual county that it must have an elected sheriff is just as much an infringement of local control as when a majority of members of this body vote to tell my community what it can and can’t do."

Campaign finance

See also: Campaign finance requirements for Kansas ballot measures

Ballotpedia has not identified any committees registered in support of or opposition to the amendment.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the measure.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

Ballotpedia did not identify media editorial boards in support of the ballot measure.

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Opposition

• The Wichita Eagle Editorial Board: "The land mine here is that Question 2 would make it easier for corrupt sheriffs to stay in office by stripping district attorneys of the authority to bring ouster proceedings for neglect of duty or official misconduct. If Question 2 passes, only the attorney general could do that. ... [A] 'No' vote is the obvious choice."

Background

Kansas county sheriffs

At the time of the election, state law provided counties that do not operate under a consolidated county law enforcement agency must elect a sheriff for a four-year term. State law requires county sheriffs to be a citizen of the United States and a qualified elector of the county; possess a high-school education or its recognized equivalent; and to have never been "convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge, a misdemeanor crime of domestic violence, or to any violation of any federal or state laws or city ordinances relating to gambling, liquor or narcotics."

At the time of the election, state law provided voters can recall a sheriff by submitting a petition containing valid signatures equal to at least 40% of the voters who voted in the last sheriff election.

Consolidated county law enforcement agencies

Kansas state law provides that counties may adopt a consolidated county law enforcement agency. A consolidated county law enforcement agency "assumes control of the principal law enforcement duties presently held by the county and the cities therein." The law enforcement agency would not have a sheriff but rather a police director appointed by the law enforcement agency board. The law limits which counties can adopt such agency by the following population and assessed taxable tangible valuation thresholds:

• between 5,000 and 12,000 in population with $75 million in assessed value;
• between 3,800 and 4,300 in population with $21 million to $24 million in assessed value; and
• between 3,000 and 4,000 in population with $28 million to $50 million in assessed value.

In order to adopt a consolidated county law enforcement agency, the county commissioners must submit a ballot question to county voters either via a referral by the commissioners or a citizen-initiated petition. A majority vote is required to adopt a consolidated county law enforcement agency.

In 1974, Riley County adopted a consolidated law enforcement agency and is the only county of the state's 105 that does not have a sheriff. The consolidation included Riley County Sheriff’s Office, the Manhattan Police Department, and the Ogden Police Department.

Related ballot measures

Ballotpedia tracked the following ballot measures related to county sheriff elections and appointments:

State

In November 2000, Connecticut approved Question 1 by a margin of 65.6% to 34.4%. The measure removed county sheriffs as constitutional officers.

Local

In November 2020, King County, Washington approved Charter Amendment 5 by a margin of 55.6% to 44.4%. The amendment returned the office of the sheriff from an elected position to an appointed position that is appointed by the county executive and confirmed by the county council.

Referred constitutional amendments in Kansas

See also: List of Kansas ballot measures

From 1995 through 2020, the state legislature referred ten constitutional amendments to the ballot. Voters approved eight and rejected two of the referred amendments. Most of the amendments (7 of 10) were referred to ballots in even-numbered election years. The average number of amendments appearing on an odd-year ballot was between zero and one. The approval rate at the ballot box was 80 percent during the 25-year period from 1995 through 2020. The rejection rate was 20 percent. There were no referred amendments on the ballot in 2020.

Path to the ballot

See also: Amending the Kansas Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Kansas State Senate and the Kansas House of Representatives.

This amendment was introduced as House Joint Resolution 5022 (HCR 5022) on January 13, 2022. On February 23, 2022, the state House passed HCR 5022 in a vote of 97-24, with four absent and not voting. The Senate passed the resolution with amendments on March 23, 2022, by a vote of 36-2. The House voted not to concur with the amendments and requested a conference committee. The Senate voted to rescind its amendments to the resolution in a vote of 39-1 on April 1, 2022. On April 26, the House adopted the conference committee report by a vote of 91 to 31 with three absent.

Vote in the Kansas State Senate April 1, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 27  a
	Yes	No	Not voting
Total	39	1	0
Total percent	97.5%	2.5%	0.0%
Democrat	10	1	0
Republican	29	0	0

Vote in the Kansas House of Representatives April 26, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 84  a
	Yes	No	Not voting
Total	91	31	3
Total percent	72.8%	24.8%	2.4%
Democrat	8	30	1
Republican	83	1	2

How to cast a vote

See also: Voting in Kansas

See below to learn more about current voter registration rules, identification requirements, and poll times in Kansas.

How to vote in Kansas

Poll times

Unless otherwise set by the county, polls in Kansas open at 7:00 a.m. and close at 7:00 p.m. Central time (6:00 a.m. to 6:00 p.m. Mountain time). Counties are given the discretion to open polls as early as 6 a.m. and close polls as late as 8 p.m. Central time (5 a.m. to 7 p.m. Mountain time). Polls must be open for a minimum of 12 consecutive hours and may not close before 7 p.m. Central time (6 p.m. Mountain time). An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To vote in Kansas, one must be a citizen of the United States and a resident of Kansas. In order to register, an individual must be least 18 years old before the next election. Voters must register at least 21 days prior to Election Day. Registration can be done by completing and returning an application, either in person or by mail. Registration may also be completed online.

On June 18, 2018, a federal judge struck down a Kansas law requiring citizens to present proof of citizenship when registering to vote. A federal appeals court subsequently affirmed that decision. For more information, see below.

Automatic registration

Kansas does not practice automatic voter registration.

Online registration

See also: Online voter registration

Kansas has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Kansas does not allow same-day voter registration.

Residency requirements

To register to vote in Kansas, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Kansas does not require voters to provide proof of citizenship at the time of voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, an applicant who provides false information "may be convicted and sentenced to up to 17 months in prison."

A Kansas state law that went into effect in 2013 required voters to provide proof of U.S. citizenship when registering to vote. However, the provision was challenged in court and on June 18, 2018, Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down the proof of citizenship requirement and ordered Secretary of State Kris Kobach (R) to stop enforcing the rule. On June 20, 2018, Kobach’s office advised county clerks to comply with Robinson’s order. Kobach appealed the decision to the United States Court of Appeals for the Tenth Circuit, which heard oral arguments on March 18, 2019. On April 29, 2020, a Tenth Circuit panel affirmed the district court's ruling.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Voter View, run by the Kansas Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Kansas requires voters to present photo identification while voting.

Voters can present the following forms of identification:

• Driver's license or nondriver's identification card issued by Kansas or by another state or district of the United States
• Concealed carry of handgun license issued by Kansas or a concealed carry of handgun or weapon license issued by another state or district of the United States
• United States passport
• Employee badge or identification document issued by a municipal, county, state, or federal government office
• Military identification document issued by the United States
• Student identification card issued by an accredited postsecondary institution of education in the state of Kansas
• Public assistance identification card issued by a municipal, county, state, or federal government office
• Identification card issued by an Indian tribe

A photo ID does not need to have an expiration date, but, if it does have an expiration date, it must not have expired at the time of voting. If the voter is over the age of 65, he or she can use an expired ID.

The following voters are exempt from providing photo ID:

• Military and overseas citizens who vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
• Voters who vote in mail ballot elections, which are limited to local jurisdictions holding special question-submitted elections
• Voters who are accepted to the permanent advance voting list
• Any voter who objects to having his or her photo taken because of his or her religious beliefs. The voter can complete and sign the Declaration of Religious Objection form.

Voters who do not have a photo ID can obtain one for free through the Division of Vehicles, Kansas Department of Revenue. The voter must provide proof of identity and proof of residence. The voter must also sign an affidavit. Voters can access the Certification Requesting Fee Waiver for Nondriver Identification Card form at all driver's license offices, county election offices, and on the secretary of state's website. If a voter does not have the proper documents to obtain a nondriver ID card, he or she can obtain a Kansas birth certificate from the Kansas Office of Vital Statistics for free. Voters can also apply for a free State Voter Identification Document. Voters should contact the election division of the secretary of state's office at election@sos.ks.gov or (800) 262-VOTE to apply.

See also

2022 measures

• 2022 ballot measures
• Elections and campaigns on the ballot

Kansas

• Kansas ballot measures
• Kansas ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Full text of HCR 5022