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1999 Kansas Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/sagks0031 and id is 1 raw text is: January 15, 1999 ATTORNEY GENERAL OPINION NO. 99-1 Nick A. Tomasic, District Attorney Office of the District Attorney of the 29th Judicial District Wyandotte County Judicial Complex 710 N. 7th Kansas City, Kansas 66101 Re: Elections--Political Parties--Precinct Committeemen and Committeewomen; Filling Vacancies; Constitutionality Synopsis: K.S.A. 25-3801 provides that no committeeman or committeewoman may be appointed to fill a vacancy occurring because the political party had no candidate at the primary election until after the election or reelection of the county central committee's chairperson. The provision regulates the internal governance of the party and must, therefore, be narrowly tailored to serve a compelling State interest. In the absence of such interest, it violates the First and Fourteenth Amendment associational rights of political parties. Cited herein: K.S.A. 19- 203; 19-303; 19-504; 19-715; 19-804; 19-1203; K.S.A. 1997 Supp. 25-213; K.S.A. 25-3801; K.S.A. 1997 Supp. 25-3902; 25-3902a; K.S.A. 25-3903; K.S.A. 1997 Supp. 25-3904; 25-3904a; K.S.A. 25-3905; 25-3906; U.S. Const., Amend. 1, XIV; L. 1990, Ch. 131, § 1; L. 1972, Ch. 129; 1972 Substitute for Senate Bill No. 161. Dear Mr. Tomasic: As District Attorney for the 29th Judicial District, you request our opinion regarding the appointment of precinct committeemen and committeewomen. Specifically, you ask whether a provision of K.S.A. 25-3801 violates the First and Fourteenth Amendments to the United States Constitution. If it is determined that the provision does not violate the Constitution, you ask whether appointments made by the chairman of the Wyandotte County Democratic Central Committee following the primary election, but prior to reorganization of the party committee, were legal.