Kansas Constitutional Amendment 1, Legislative Veto or Suspension of Executive Agency Regulations Amendment (2022)

Kansas Constitutional Amendment 1
Election date November 8, 2022
Topic State legislatures measures
Status d Defeated
Type Constitutional amendment	Origin State legislature

Kansas Constitutional Amendment 1, the Legislative Veto or Suspension of Executive Agency Regulations Amendment, was on the ballot in Kansas as a legislatively referred constitutional amendment on November 8, 2022. The ballot measure was defeated.

A "yes" vote supported this constitutional amendment to allow the state legislature to pass laws by a simple majority vote to revoke or suspend rules and regulations adopted by executive agencies or officers.

A "no" vote opposed this constitutional amendment, thereby maintaining that the legislature can pass bills to change the law governing the executive agency or pass a resolution expressing displeasure with the rule or regulation.

Election results

Kansas Constitutional Amendment 1
Result		Votes	Percentage
Yes		472,074	49.55%
No		480,719	50.45%

Results are officially certified.

Source

Overview

What would Constitutional Amendment 1 have done?

See also: Text of measure

Constitutional Amendment 1 would have amended the Kansas Constitution to add a section authorizing the Kansas State Legislature to provide by law for the revocation or suspension of any rule or regulation adopted by executive branch agencies or officers that have the force and effect of law. The amendment would have required a simple majority vote of the members of the state legislature to revoke or suspend part or all of any rule or regulation. At the time of the election, executive branch agencies and officials could adopt rules or regulations that have the force of law. The legislature could pass concurrent resolutions expressing displeasure with a rule or regulation.

Who supported and opposed Constitutional Amendment 1?

See also: Support and Opposition

Constitutional Amendment 1 received support from Attorney General Derek Schmidt (R), Americans for Prosperity - Kansas, Kansas Chamber United for Business, and several unions. Ron C. Seeber, president and chief executive officer of the Kansas Grain and Feed Association, said, "Broadly, members of these associations operate in agribusiness industries which are both important and highly-regulated. Members of our associations support state and federal regulations that are necessary, reasonable, and lawful. However, we have long opposed the adoption of regulations on industry which are unnecessary or unreasonable as to scope or cost of implementation. ... This resolution seeks to make positive changes to the regulatory system in Kansas by providing oversight of proposed regulations by Legislators directly elected by the residents of Kansas."

State Rep. John Carmichael (D) was one of the 47 state legislators that voted against placing the amendment on the ballot. He said, "We need to have balance in our government so that there is a give-and-take, no matter if there’s a Republican governor or a Democratic governor. This constitutional amendment turns that balance on its head."

What is the history of the legislative veto in Kansas?

See also: Stephan v. Kansas House of Representatives (1984)

Kansas first adopted a legislative veto in 1939 that authorized the state legislature via a concurrent resolution to nullify any regulation adopted by an administrative agency. In 1984, after the Chadha ruling where the U.S. Supreme Court determined the federal legislative veto was unconstitutional, the Kansas Supreme Court struck down the state's legislative veto in Stephan v. Kansas House of Representatives. The state Supreme Court found, "the legislative veto mechanism contained in [the law] violates not only the separation of powers doctrine but also the presentment requirement contained in Art. 2, § 14 of our state constitution. As made clear by the court in Chadha, a resolution is essentially legislative where it affects the legal rights, duties and regulations of persons outside the legislative branch and therefore must comply with the enactment provisions of the constitution." This means that the legislature could only change administrative regulations through a bill considered by the house, senate, and governor.

Text of measure

Ballot title

The ballot title was as follows:

“

Shall the following be adopted? § 17. Legislative oversight of administrative rules and regulations. Whenever the legislature by law has authorized any officer or agency within the executive branch of government to adopt rules and regulations that have the force and effect of law, the legislature may provide by law for the revocation or suspension of any such rule and regulation, or any portion thereof, upon a vote of a majority of the members then elected or appointed and qualified in each house.

”

Ballot summary

The ballot summary was as follows:

“

The purpose of this amendment is to provide the legislature with oversight of state executive branch agencies and officials by providing the legislature authority to establish procedures to revoke or suspend rules and regulations. A vote for this proposition would allow the legislature to establish procedures to revoke or suspend rules and regulations that are adopted by state executive branch agencies and officials that have the force and effect of law. A vote against this proposition would allow state executive branch agencies and officials to continue adopting rules and regulations that have the force and effect of law without any opportunity for the legislature to directly revoke or suspend such rules and regulations.

”

Constitutional changes

See also: Article 1, Kansas Constitution

The ballot measure would have added a Section 17 to Article 1 of the Kansas Constitution. The following underlined text would have been added:

§ 17. Legislative oversight of administrative rules and regulations. Whenever the legislature by law has authorized any officer or agency within the executive branch of government to adopt rules and regulations that have the force and effect of law, the legislature may provide by law for the revocation or suspension of any such rule and regulation, or any portion thereof, upon a vote of a majority of the members then elected or appointed and qualified in each house.

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 17, and the FRE is 25. The word count for the ballot title is 81.

The FKGL for the ballot summary is grade level 21, and the FRE is 13. The word count for the ballot summary is 113.

Support

Supporters

Officials

• Attorney General Derek Schmidt (R)

Unions

• Kansas Agribusiness Retailers Association
• Kansas Bankers Association
• Kansas Cooperative Council
• Kansas Grain & Feed Association
• Kansas Livestock Association
• Renew Kansas Biofuels Association

Organizations

• Americans for Prosperity - Kansas
• Kansas Chamber United for Business

Arguments

• State Sen. Kellie Warren (R-11): "This constitutional amendment restores the checks and balances to the Legislature. That’s where the policy-making belongs."
• State Rep. Daniel Hawkins (R-100): "It allows us to enshrine in our constitution that the Legislature is the body that makes the law, not bureaucrats. That’s really what it’s about. It’s not about a governor."
• Attorney General Derek Schmidt (R): "When it comes to lawmaking, the buck is supposed to stop with the people’s elected representatives in the Legislature. But the reality of the modern regulatory state is that the Legislature often passes the buck by granting broad power to regulatory agencies and then has no meaningful recourse. As a result, government regulations with the binding effect of law too often are conceived, written and enforced by regulatory agencies – an unelected bureaucracy acting as the proverbial judge, jury and executioner."
• Ron C. Seeber, president and chief executive officer of the Kansas Grain and Feed Association: "Broadly, members of these associations operate in agribusiness industries which are both important and highly-regulated. Members of our associations support state and federal regulations that are necessary, reasonable, and lawful. However, we have long opposed the adoption of regulations on industry which are unnecessary or unreasonable as to scope or cost of implementation. ... This resolution seeks to make positive changes to the regulatory system in Kansas by providing oversight of proposed regulations by Legislators directly elected by the residents of Kansas."

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing the ballot measure. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Officials

• Gov. Laura Kelly (D)
• State Sen. Dinah Sykes (D)

Organizations

• Kansas Sierra Club

Arguments

• Madison Andrus, a campaign spokeswoman for Gov. Laura Kelly (D): "Governor Kelly knows that the best way to get help to Kansans is by cutting red tape, not adding more. The legislative veto would simply further complicate the regulatory process and keep help from getting to Kansans efficiently."
• State Rep. John Carmichael (D-92): "We need to have balance in our government so that there is a give-and-take, no matter if there’s a Republican governor or a Democratic governor. This constitutional amendment turns that balance on its head."

Campaign finance

See also: Campaign finance requirements for Kansas ballot measures

Ballotpedia did not identify 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

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 Kansas state Legislature is in full power-grab mode and completely out of control. And it’s up to voters to put a stop to it on Nov. 8 by voting a resounding 'No' on Ballot Question 1. Having tried and failed in August to establish a beachhead for dictating decisions by the state Supreme Court on abortions, the Legislature is back at it again, this time trying to steal the authority of the governor’s office and regulatory agencies."
• The Kansas City Star Editorial Board: "No. This proposal would provide the Legislature with the tools to second-guess decisions made by any governor, enabling it to overturn orders and regulations with a simple majority vote. We strongly recommend a no vote. Handing a simple-majority legislative veto to state lawmakers disrupts the careful balance of authority among the branches of Kansas government."

Background

Legislative veto

See also: Legislative veto and Immigration and Naturalization Service (INS) v. Chadha

Legislative veto, in the context of administrative law, refers to a resolution by a legislative body that invalidates an action by the executive branch. The legislative veto originated in the early 1930s under President Herbert Hoover (R), who developed the mechanism in order to facilitate his reorganization plan for the executive branch. Hoover envisioned the legislative veto as a means for Congress to delegate reorganization authority to the executive branch while maintaining the authority to disapprove of certain reorganization provisions. In this way, Hoover's reorganization plan could move forward through executive action without the threat of potential hindrance through congressional amendments or committee stagnation.

Immigration and Naturalization Service (INS) v. Chadha (1983)

The legislative veto was declared unconstitutional at the federal level by the United States Supreme Court in the 1983 case Immigration and Naturalization Service (INS) v. Chadha. The case concerned a legislative veto provision of the Immigration and Nationality Act that permitted one house of Congress to invalidate deportation rulings. The Supreme Court held that the one-house legislative veto clause violated the separation of powers established by provisions of the Constitution, including "the bicameral requirement, the Presentment Clauses, the President's veto, and Congress' power to override a veto," according to the opinion.

Stephan v. Kansas House of Representatives (1984)

Kansas first adopted a legislative veto in 1939 that authorized the state legislature via a concurrent resolution to nullify any regulation adopted by an administrative agency. In 1984, after the Chadha ruling, the Kansas Supreme Court struck down the state's legislative veto in Stephan v. Kansas House of Representatives. The state Supreme Court found, "the legislative veto mechanism contained in [the law] violates not only the separation of powers doctrine but also the presentment requirement contained in Art. 2, § 14 of our state constitution. As made clear by the court in Chadha, a resolution is essentially legislative where it affects the legal rights, duties and regulations of persons outside the legislative branch and therefore must comply with the enactment provisions of the constitution." This means that the legislature could only change administrative regulations through a bill considered by the house, senate, and governor.

Kansas Administrative Procedure Act

See also: Kansas Administrative Procedure Act

The Kansas Administrative Procedure Act is the law governing procedures for state administrative agencies to propose and issue regulations and provides for judicial review of agency adjudications and other final decisions in Kansas. It was enacted in 1984 and became effective July 1, 1985. It can be found in Chapter 77, Article 5 of the Kansas Statutes.

Ballot measures related to legislative veto

Ballotpedia located the following ballot measures related to legislative vetoes from 1976 to 2022:

Alaska

• d Alaska Legislative Authority to Annul Regulations, Proposition 1 (1980): Would have empowered the Alaska Legislature to annul regulations adopted by state agencies
• d Alaska Legislative Annulment of Regulations Amendment (1984): Would have permitted the legislature to annul executive branch regulations by passing a resolution
• d Alaska Legislative Annulment, Measure 2 (1986): Would have "permitted the legislature to annul executive branch regulations by passing a resolution that is not subject to veto by the governor or repeal by referendum"

Idaho

• a Idaho Legislative Authority to Amend State Water Plan, SJR 117 (1984): Gave the legislature constitutional authority to amend or reject the state water plan
• d Idaho Legislative Delegation of Rulemaking Amendment, HJR 2 (2014): Would have authorized the state legislature to delegate rulemaking authorities to executive agencies and to approve or reject the administrative rules devised by those agencies
• a Idaho Veto-Proof State Legislative Oversight of Administrative Rules and Regulations, HJR 5 (2016): Added the legislative power to review, approve, and reject administrative rules in the legislature in the state constitution

Iowa

• a Iowa Administrative Rule, Amendment 1 (1984): Allowed the legislature to void an adopted administrative rule of a state agency by the process of a joint resolution rather than only by statute

Missouri

• d Missouri Rescind Administrative Rules of Agencies, Amendment 4 (August 1976): Would have allowed the legislature to rescind administrative rules and regulations of agencies by concurrent resolution without presentation to the governor
• d Missouri Administrative Regulations, Amendment 2 (1982): Would have authorized the legislature to invalidate administrative regulations

Oregon

• d Oregon Legislative Power to Affirm or Alter Administrative Rules, Measure 27 (1996): Would have empowered the legislature to change and create state agency rules and required such agencies to file with a new legislative committee when seeking new rules or rule changes
• d Oregon Legislative Review of Administrative Rules, Measure 65 (1998): Would have created a process for petitioning the legislature to require a review of administrative rules
• d Oregon Petition Legislature to Review Administrative Rules, Measure 2 (2000): Would have created a process for petitioning the legislature to review administrative rules

Nevada

• a Nevada Legislative Review of State Agency Regulations, Question 5 (1996): Authorized the legislative review of regulations of state agencies

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.

The constitutional amendment was introduced as House Joint Resolution 5014 on February 24, 2021. On February 21, 2022, the state House passed HJR 5014 in a vote of 85-39, with one member not voting. On March 23, the state Senate passed the resolution in a vote of 27-12, with one member not voting.

Vote in the Kansas House of Representatives February 21, 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	85	39	1
Total percent	68.0%	31.2%	0.8%
Democrat	2	36	1
Republican	83	3	0

Vote in the Kansas State Senate March 23, 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	27	12	1
Total percent	67.50%	30.00%	2.50%
Democrat	0	11	0
Republican	27	1	1

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. 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
• State legislatures measures 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

• Kansas House Concurrent Resolution 5014 (2022)