48-1201 Title of act; citation.

48-1201. Title of act; citation. This act shall be known and may be cited as the “emergency interim executive and judicial succession act.” History: L. 1961, ch. 423, § 1; June 30.

48-1202 Statement of policy.

48-1202. Statement of policy. Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to […]

48-1203 Definitions.

48-1203. Definitions. Unless otherwise clearly required by the context, as used in this act: (a) “Unavailable” means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising […]

48-1204 Successors to office of governor.

48-1204. Successors to office of governor. If the governor, under the constitution, is not able to exercise the powers and discharge the duties of the office, or is unavailable, an officer specified in K.S.A. 75-125 and amendments thereto, in the order of succession provided by that section, shall exercise the powers and duties of the […]

48-1205 Emergency interim successors for state officers.

48-1205. Emergency interim successors for state officers. In the event any state officer is unavailable following an attack, then, the governor (or other official authorized under the constitution and this act to exercise the powers and discharge the duties of the office of governor) shall designate an emergency interim successor. In the event that any […]

48-1206 Enabling authority for emergency interim successors for local offices.

48-1206. Enabling authority for emergency interim successors for local offices. With respect to local offices for which the legislative or governing bodies of cities, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative or governing bodies are hereby […]

48-1207 Special emergency judges.

48-1207. Special emergency judges. In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his or her office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed in accordance with the […]

48-1208 Formalities of taking office.

48-1208. Formalities of taking office. At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provisions of law, no person, as a prerequisite […]

48-1209 Period in which authority may be exercised.

48-1209. Period in which authority may be exercised. Officials authorized to act as governor pursuant to this act, emergency interim successors and special emergency judges are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The […]

48-1210 Disputes.

48-1210. Disputes. Any dispute concerning a question of fact arising under this act with respect to an office in the executive branch of the state government (except a dispute of fact relative to the office of governor) shall be adjudicated by the governor (or other official authorized under the constitution and this act to exercise […]