40-106. Election and term of commissioner; vacancy in office, how filled; eligibility for appointment. (a) At the general election held in 1978 and each four years thereafter, there shall be elected a commissioner of insurance for the state of Kansas, whose term of office shall be four years beginning on the second Monday in January next succeeding such commissioner's election. In case of a vacancy in such office, within three calendar days after receiving a concurrent resolution adopted pursuant to K.S.A. 2025 Supp. 25-325, and amendments thereto, or a report submitted pursuant to K.S.A. 2025 Supp. 25-324, and amendments thereto, the governor shall appoint one of the three persons recommended as candidates in such concurrent resolution or report to serve for the unexpired term and until a successor is elected and qualified. No person shall be appointed pursuant to this section unless such person is a resident of this state and shall have been registered with the same political party for the immediately preceding six years as that of the commissioner of insurance elected at the immediately preceding election for such office. If the commissioner of insurance elected at the immediately preceding election for such office was not registered with any political party, then any suitable person who is a resident of this state may be appointed pursuant to K.S.A. 2025 Supp. 25-323 through 25-325, and amendments thereto.

(b) No person appointed pursuant to subsection (a) shall take office unless such appointment is certified by the secretary of state. The secretary shall not certify any person as being appointed to fill a vacancy in the office of commissioner of insurance for the state of Kansas unless such person is appointed in accordance with this section.

History: L. 1927, ch. 231, 40-106; L. 1976, ch. 179, § 1; L. 2025, ch. 25, § 6; April 10.