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§ 2. Senators and representatives. The number of representatives and senators shall be regulated by law, but shall not exceed one hundred twenty-five representatives and forty senators. Representatives and senators shall be elected from single-member districts prescribed by law. Representatives shall be elected for two year terms. Senators shall be elected for four year terms. The terms of representatives and senators shall commence on the second Monday of January of the year following election.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 51; L. 1873, ch. 134, § 1; L. 1974, ch. 458, § 1; November 5, 1974.

Revisor's Note:

Prior to 1974 revision, provision for terms of members appeared in § 29 of this article.

Cross References to Related Sections:

Apportionment, see also Kansas Constitution Article 10; K.S.A. 4-3,860 et seq. and 4-4,495 et seq.

Law Review and Bar Journal References:

Written Testimony of Richard E. Levy Before the House Agriculture Committee, State of Kansas, Richard E. Levy, 42 K.L.R. 265, 273 (1994).

The Bar's Extraordinarily Powerful Role in Selecting the Kansas Supreme Court, Stephen J. Ware, 18 Kan. J.L. & Pub. Pol'y, No. 3, 392 (2009).

The Kansas Office of the County Register of Deeds, Robert W. Parnacott, 80 J.K.B.A. No. 9, 32 (2011).

Attorney General's Opinions:

Reapportionment of Kansas Legislature; vacancy in senate seat prior to 2004 effective date. 2002-8.

CASE ANNOTATIONS

1. Legislature has power to fix commencement date on terms of legislative members. State, ex rel., v. Robinson et al., 1 Kan. 17.

2. Legislature, sole right to judge elections and qualifications of members. The State, ex rel., v. Tomlinson, 20 Kan. 692, 704.

3. Votes of members in excess of 125 cannot be counted. The State, ex rel., v. Francis, Treas., 26 Kan. 724, 726, 728, 733.

4. Lieutenant governor is member of executive department. Coleman v. Miller, 146 Kan. 390, 393, 71 P.2d 518. Affirmed: 307 U.S. 433, 59 S. Ct. 972, 83 L.Ed. 1385.

5. Mentioned; Legislature at budget session has no power to appoint interim investigating committee. State, ex rel., v. Anderson, 180 Kan. 120, 126, 127, 299 P.2d 1078.

6. Legislators are legislative officers for entire period of their terms; they may not hold executive or judicial offices (dictum). State, ex rel., v. State Office Building Commission, 185 Kan. 563, 573, 574, 345 P.2d 674.

7. Mentioned; K.S.A. 4-101 enacted to conform herewith. Harris v. Shanahan, 192 Kan. 183, 184, 187, 188, 201, 202, 203, 208, 387 P.2d 771.

8. 1964 apportionment acts held constitutional. Harris v. Shanahan, 192 Kan. 629, 631, 633, 640, 390 P.2d 772.

9. Portion of section providing each county shall have at least one representative regardless of population is inoperative under provisions of Fourteenth Amendment; dissent. Harris v. Anderson, 194 Kan. 302, 303, 306, 308, 311, 316, 324, 334, 355, 400 P.2d 25. Certiorari denied, 382 U.S. 894, 86 S. Ct. 185, 15 L. Ed. 2d 150.

10. Apportionment of seats of house of representatives, K.S.A. 4-301 through 4-3,127, complies with valid portions hereof. Harris v. Anderson, 196 Kan. 449, 450, 412 P.2d 457.

11. First sentence valid; illegal provision in second sentence concerning distribution of seats; separable. Long v. Avery, 251 F. Supp. 541.

12. Cited; reapportionment of House under 4-3,201 et seq. upheld. In re House Bill No. 2620, 225 Kan. 827, 829, 595 P.2d 334.