Skip to main content
CivicGate

← State constitutions

State constitution

Constitution of Kansas

Data from KS Revisor of Statutes

Full article/section structure with condensed section text. Sections marked eliminated/repealed/stricken/transferred are retained with their numbers and flagged; the Ordinance, Schedule, and Resolutions (spent transitional matter) are summarized. Section 16 of the Miscellaneous article (marriage) is included as printed though superseded by federal law. Read the verbatim text at the source link.

Article B.R. Bill of Rights

§ 1 Equal rights

All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.

§ 2 Political power; privileges

All political power is inherent in the people, and free governments are founded on their authority for their equal protection and benefit; no special privileges may be granted that may not be altered.

§ 3 Right of peaceable assembly; petition

The people have the right to assemble peaceably, to consult for their common good, and to petition the government for redress of grievances.

§ 4 Bear arms; armies

The people have the right to bear arms for their defense and security; standing armies are dangerous in peacetime and the military is subordinate to the civil power.

§ 5 Trial by jury

The right of trial by jury shall be inviolate.

§ 6 Slavery prohibited

There shall be no slavery in the State, nor involuntary servitude except as punishment for crime after conviction.

§ 7 Religious liberty; no religious test for office

The right to worship according to the dictates of conscience is guaranteed, no one may be compelled to support any ministry against consent, and no religious or property test may be required for office.

§ 8 Habeas corpus

The writ of habeas corpus shall not be suspended unless, in case of invasion or rebellion, the public safety requires it.

§ 9 Bail; fines; cruel and unusual punishment

All persons are bailable except for capital offenses when the proof is evident; excessive bail and fines and cruel or unusual punishment are forbidden.

§ 10 Rights of the accused

The accused has the right to a speedy public trial by an impartial jury, to know the accusation, to counsel, to confront witnesses, and not to be compelled to testify against themselves or be twice put in jeopardy.

§ 11 Liberty of press and speech; libel

The liberty of the press and of speech is inviolable; truth is a defense in prosecutions for libel, and the jury determines the law and the facts.

§ 12 No forfeiture of estate

No conviction shall work a forfeiture of estate.

§ 13 Treason

Treason consists only in levying war against the State or adhering to its enemies, proven by two witnesses to the same overt act or confession in open court.

§ 15 Search and seizure

The people are secure against unreasonable searches and seizures, and warrants issue only on probable cause supported by oath and particular description.

§ 16 Imprisonment for debt

No person shall be imprisoned for debt except in cases of fraud.

§ 17 Property rights of citizens and aliens

No distinction shall be made between resident aliens and citizens in the ownership, descent, and enjoyment of property.

§ 18 Justice without delay

All persons, for injuries suffered in person, reputation, or property, shall have remedy by due course of law, administered without delay.

§ 19 Emoluments or privileges prohibited

No exclusive emoluments or privileges shall be granted except in consideration of public services.

§ 20 Powers retained by people

The enumeration of rights shall not be construed to impair or deny others retained by the people; all powers not delegated remain with the people.

§ 21 Right to hunt, fish and trap wildlife

The public has the right to hunt, fish, and trap wildlife, subject to reasonable laws and regulations, as the preferred means of managing wildlife.

Article 1 Executive

§ 1 Executive officers; selection; terms

The executive officers—governor, lieutenant governor, secretary of state, attorney general, and treasurer—are elected by the voters to four-year terms.

§ 2 (Eliminated)

Eliminated by revision.

§ 3 Executive power of governor

The supreme executive power of the State is vested in the governor, who is responsible for the faithful execution of the laws.

§ 4 Reports to governor

The executive officers make reports to the governor upon request concerning their duties.

§ 6 Reorganization of executive agencies

The governor may reorganize the executive agencies by an order that takes effect unless disapproved by either house of the legislature.

§ 7 Pardons

The governor may grant pardons, reprieves, and commutations after conviction, except in cases of impeachment, subject to regulation by law.

§ 8 (Eliminated)

Eliminated by revision.

§ 9 State seal and commissions

The great seal of the State is kept by the secretary of state, and commissions issue in the name of the State, signed by the governor and sealed.

§ 10 (Eliminated)

Eliminated by revision.

§ 11 Vacancies in executive offices

Vacancies in the elected executive offices are filled as provided by law.

§ 12 Lieutenant governor

The lieutenant governor performs the duties provided by law and is first in the line of succession to the governor.

§ 13 (Eliminated)

Eliminated by revision.

§ 14 (Eliminated)

Eliminated by revision.

§ 15 Compensation of officers

The executive officers receive compensation fixed by law.

§ 16 (Eliminated)

Eliminated by revision.

Article 2 Legislative

§ 1 Legislative power

The legislative power of the State is vested in a house of representatives and a senate.

§ 2 Senators and representatives

The number of senators and representatives and the length of their terms are fixed by this article.

§ 3 Compensation of members

Members of the legislature receive compensation and allowances fixed by law.

§ 4 Qualifications of members

Members of the legislature must be qualified electors of their districts.

§ 5 Eligibility and disqualification of members

Certain officeholders and persons are ineligible to serve or are disqualified as provided.

§ 6 (Eliminated)

Eliminated by revision.

§ 7 (Eliminated)

Eliminated by revision.

§ 8 Organization and sessions

Each house organizes, chooses its officers, judges the qualifications of its members, and the legislature meets in annual session.

§ 9 Vacancies in legislature

Vacancies in the legislature are filled in the manner provided by law.

§ 10 Journals

Each house keeps and publishes a journal of its proceedings, recording the yeas and nays on request.

§ 11 (Eliminated)

Eliminated by revision.

§ 12 Origination by either house

Bills may originate in either house and be amended or rejected by the other.

§ 13 Majority for passage of bills

A majority of the members elected to each house is required to pass a bill.

§ 14 Approval of bills; vetoes

Every bill is presented to the governor, who may approve or veto it; a veto may be overridden by two-thirds of the members of each house.

§ 15 Requirements before bill passed

A bill must be read on separate days and comply with the procedural requirements before final passage.

§ 16 Subject and title of bills

No bill shall contain more than one subject, expressed in its title, and a revived or amended statute is re-enacted and published at length.

§ 17 Uniform operation of general laws

All laws of a general nature shall have a uniform operation throughout the State.

§ 18 Election or appointment of officers

The legislature provides for the election or appointment of officers and the filling of vacancies not otherwise provided for.

§ 19 Publication of acts

The legislature provides for the publication of its acts and the manner in which they take effect.

§ 20 Enacting clause; laws enacted only by bill

The enacting clause of all laws is 'Be it enacted by the Legislature of the State of Kansas,' and no law is enacted except by bill.

§ 21 Delegation of powers of local legislation

The legislature may confer powers of local legislation and administration upon political subdivisions.

§ 22 Legislative immunity

Members are privileged from arrest during the session, except for treason, felony, or breach of the peace, and are not questioned elsewhere for debate.

§ 23 (Eliminated)

Eliminated by revision.

§ 24 Appropriations

No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law.

§ 25 (Eliminated)

Eliminated by revision.

§ 26 (Repealed)

Repealed.

§ 27 Impeachment

The house of representatives has the power of impeachment, and impeachments are tried by the senate.

§ 28 Officers impeachable; grounds; punishment

The governor and other officers are subject to impeachment for the enumerated grounds, and judgment extends to removal and disqualification.

§ 29 (Eliminated)

Eliminated by revision.

§ 30 Delegation of powers to interstate bodies

The legislature may delegate powers to interstate governmental bodies as provided.

Article 3 Judicial

§ 1 Judicial power; seals; rules

The judicial power is vested in one supreme court, district courts, and such other courts as provided; the supreme court has general administrative authority over all courts.

§ 2 Supreme court

The supreme court consists of the number of justices provided by law, with a chief justice.

§ 3 Jurisdiction and terms

The supreme court has original jurisdiction in specified proceedings and appellate jurisdiction as provided by law.

§ 4 Reporter; clerk

The supreme court appoints a reporter and a clerk who serve at its pleasure.

§ 5 Selection of justices of the supreme court

A vacancy on the supreme court is filled by the governor from nominees of the supreme court nominating commission, and each justice thereafter stands for retention.

§ 6 District courts

The State is divided into judicial districts, each with a district court having the jurisdiction provided by law.

§ 7 Qualifications of justices and judges

Justices and judges must meet the qualifications prescribed by law.

§ 8 Prohibition of political activity

Justices and certain judges may not engage in the prohibited partisan political activity.

§ 9 (Eliminated)

Eliminated by revision.

§ 10 (Eliminated)

Eliminated by revision.

§ 11 (Stricken)

Stricken from the article.

§ 12 Extension of terms until successor qualifies

A justice or judge holds office until a successor is elected or appointed and qualified.

§ 13 Compensation of justices and judges

Justices and judges receive compensation fixed by law that may not be diminished during their terms.

§ 14 (Eliminated)

Eliminated by revision.

§ 15 Removal of justices and judges

Justices and judges may be removed by impeachment or by the other procedures provided by law.

§ 16 Savings clause

Existing courts and proceedings continue under this article until changed as provided (transitional).

§ 17 (Eliminated)

Eliminated by revision.

§ 18 (Stricken)

Stricken from the article.

§ 19 (Eliminated)

Eliminated by revision.

§ 20 (Eliminated)

Eliminated by revision.

Article 4 Elections

§ 1 Mode of voting

All elections by the people are by ballot or voting device as provided by law.

§ 2 General elections

General elections are held at the times fixed by law.

§ 3 Recall of elected officials

All elected public officials, except judicial officers, are subject to recall by the voters upon the grounds and procedure prescribed by law.

§ 4 (Eliminated)

Eliminated by revision.

§ 5 (Eliminated)

Eliminated by revision.

Article 5 Suffrage

§ 1 Qualifications of electors

Every U.S. citizen at least 18 who meets the residence requirement is a qualified elector.

§ 2 Disqualification to vote

The legislature may disqualify persons convicted of felony or otherwise as provided from voting.

§ 3 (Eliminated)

Eliminated by revision.

§ 4 Proof of right to vote

The legislature provides for the registration of electors and proof of the right to vote.

§ 5 (Repealed)

Repealed.

§ 6 (Eliminated)

Eliminated by revision.

§ 7 Privileges of electors

Electors are privileged from arrest, except for treason, felony, or breach of the peace, while going to, attending, and returning from elections.

§ 8 (Eliminated)

Eliminated by revision.

Article 6 Education

§ 1 Schools and educational institutions

The legislature provides for the establishment and maintenance of public schools, educational institutions, and related activities.

§ 2 State board of education and board of regents

A state board of education supervises the public schools, and a state board of regents governs the state's higher-education institutions.

§ 3 Members of the boards

The membership and selection of the state board of education and board of regents are as provided.

§ 4 Commissioner of education

The state board of education appoints a commissioner of education as its executive officer.

§ 5 Local public schools

Local public schools are maintained, developed, and operated by locally elected boards.

§ 6 Finance

The legislature makes suitable provision for the finance of the educational interests of the State and manages the permanent school fund.

§ 7 Savings clause

Existing boards and institutions continue under this article until changed (transitional).

§ 8 (Eliminated)

Eliminated by amendment.

§ 9 (Eliminated)

Eliminated by amendment.

§ 10 (Eliminated)

Eliminated by amendment.

Article 7 Public Institutions and Welfare

§ 1 Benevolent institutions

Institutions for the benefit of those who need public aid are fostered and supported by the State as provided.

§ 2 (Eliminated)

Eliminated by revision.

§ 3 (Eliminated)

Eliminated by revision.

§ 4 Aged and infirm persons; financial aid

The State may participate in providing financial aid to aged and infirm persons as provided by law.

§ 5 Unemployment compensation; old-age benefits

The legislature may provide for unemployment compensation and old-age benefits and levy taxes to fund them.

§ 6 Tax levy for certain institutions

Counties may levy taxes for the support of the enumerated institutions as provided by law.

Article 8 Militia

§ 1 Composition; exemption

The militia is composed of the able-bodied residents of the State subject to service, except those exempted by law.

§ 2 Organization

The legislature provides for the organization, discipline, and equipment of the militia.

§ 3 Officers

The officers of the militia are appointed or elected as provided by law.

§ 4 Commander in chief

The governor is commander-in-chief of the militia except when it is called into federal service.

Article 9 County and Township Organization

§ 1 Counties

The legislature provides for the organization and government of counties and may confer home-rule powers.

§ 2 County and township officers

County and township officers are elected or appointed as provided by law.

§ 3 (Stricken)

Stricken from the constitution.

§ 4 (Stricken)

Stricken from the constitution.

§ 5 Removal of officers

County and township officers may be removed from office in the manner provided by law.

Article 10 Apportionment of the Legislature

§ 1 Reapportionment of districts

Senatorial and representative districts are reapportioned after each federal census by the procedure provided, subject to review by the supreme court.

§ 2 (Eliminated)

Eliminated by revision.

§ 3 (Repealed)

Repealed.

Article 11 Finance and Taxation

§ 1 System of taxation; classification; exemption

The legislature provides for a uniform and equal basis of property valuation and taxation, may classify property, and may grant the enumerated exemptions.

§ 2 Taxation of incomes

The legislature may provide for taxes on income as prescribed.

§ 3 (Transferred)

Transferred and renumbered.

§ 4 Revenue for current expenses

The legislature provides at each session for raising sufficient revenue to defray the current expenses of the State.

§ 5 Object of tax

Every law imposing a tax states distinctly the object of the tax, to which alone it is applied.

§ 6 State debts; annual tax; proceeds

Any state debt is accompanied by a law levying an annual tax sufficient to pay the interest and principal, and the proceeds are applied only to the stated purpose.

§ 7 Election on indebtedness

State debt beyond the limit fixed by this article requires approval by a vote of the people.

§ 8 Borrowing money by state

The State may borrow to meet casual deficits or failures in revenue up to a limited amount without a vote.

§ 9 Internal improvements; highways; water resources

The State may engage in works of internal improvement, including a state highway system, flood control, and the conservation and development of water resources.

§ 10 Special taxes for highway purposes

Motor vehicle fuel and registration taxes are dedicated to highway purposes.

§ 11 Taxation of incomes; federal law by reference

The legislature may adopt the federal income tax laws by reference for purposes of the state income tax.

§ 12 Valuation of agricultural land

Land devoted to agricultural use is valued for tax purposes on the basis of its agricultural income or productivity.

§ 13 Exemption for economic development

Property may be exempted from taxation for economic-development purposes for a limited period under the procedure and limitations provided.

Article 12 Corporations

§ 1 Corporate powers

Corporations may be created only under general laws, which may be altered or repealed.

§ 2 Liability of stockholders

Dues from corporations are secured by the individual liability of the stockholders or other means provided by law.

§ 3 (Repealed)

Repealed.

§ 4 Rights of way; eminent domain

The right of eminent domain is not abridged, and corporations may take private property for public use only upon just compensation.

§ 6 Definition of corporations; suits

The term 'corporation' includes joint-stock companies and associations, which may sue and be sued in the courts.

Article 13 Banks

§ 1 Banking laws

Banks and banking may be regulated by general laws.

§ 2 State not to be stockholder

The State shall not be a stockholder in any banking institution.

§ 3 (Eliminated)

Eliminated by revision.

§ 4 (Eliminated)

Eliminated by revision.

§ 5 (Transferred)

Transferred and renumbered as Section 2 by revision.

§ 6 (Eliminated)

Eliminated by revision.

§ 7 (Eliminated)

Eliminated by revision.

§ 8 (Eliminated)

Eliminated by revision.

§ 9 (Eliminated)

Eliminated by revision.

Article 14 Constitutional Amendment and Revision

§ 1 Proposals by legislature; approval by electors

An amendment may be proposed by a two-thirds vote of the members elected to each house and becomes part of the Constitution if approved by a majority of the electors voting on it.

§ 2 Constitutional conventions; approval by electors

The legislature may submit to the voters the question of calling a constitutional convention, whose proposals take effect only if ratified by the electors.

Article 15 Miscellaneous

§ 1 Selection of officers

Officers whose selection is not otherwise provided for are chosen in the manner prescribed by law.

§ 2 Tenure of office; merit system

No office is held longer than four years except as otherwise provided, and the legislature may provide a merit system for civil service.

§ 3 Lotteries

Lotteries and the sale of lottery tickets are forbidden except as authorized by the following sections and this article.

§ 3a Bingo games authorized

The legislature may regulate, license, and tax the operation of nonprofit 'bingo' games.

§ 3b Horse and dog racing; parimutuel wagering

The legislature may permit, regulate, license, and tax horse and dog racing and parimutuel wagering upon it, if approved locally.

§ 3c State-owned and operated lottery

The legislature may authorize a state-owned and operated lottery.

§ 3d Raffles authorized

The legislature may regulate, license, and tax the conduct of charitable 'raffles.'

§ 4 (Repealed)

Repealed.

§ 5 Financial statements; publication

Financial statements of state and local funds are published as provided by law.

§ 6 Rights of women

The legislature provides for the protection of the rights of women in acquiring and possessing property, and equality of rights is guaranteed.

§ 7 Salaries reduced for neglect of duty

The salary of an officer may be reduced for neglect of the duties of the office as provided by law.

§ 8 Location of state capital

The permanent seat of government of the State is at the city of Topeka.

§ 9 Homestead exemption

A homestead of limited size is exempt from forced sale for debts, except for purchase-money, taxes, and improvement liens, and may not be alienated without the consent of both spouses.

§ 10 Intoxicating liquors

The manufacture and sale of intoxicating liquors are regulated by the legislature as provided by this section.

§ 11 (Repealed)

Repealed.

§ 12 Membership in labor organizations

No person may be denied the opportunity to obtain or retain employment because of membership or nonmembership in a labor organization.

§ 13 Continuity of governmental operations

The legislature provides for the continuity of state and local government operations in periods of emergency resulting from disaster.

§ 14 Oaths of state officers

All officers take an oath or affirmation to support the U.S. and Kansas Constitutions and to faithfully discharge their duties.

§ 16 Marriage

As printed, marriage is defined as between one man and one woman; this provision is superseded by federal constitutional law.

Article Ord./Sch. Ordinance, Schedule and Resolutions

§ Ord. Ordinance

An ordinance, in eight sections, relinquishing the State's right to tax federal lands and accepting the school, university, public-building, and salt-spring land grants offered by Congress on statehood.

§ Sch. Schedule

Transitional provisions governing the changeover to the new government at statehood in 1861—continuing prior laws, offices, and pending matters—now spent.

§ Res. Resolutions

Resolutions adopted with the Wyandotte Constitution, largely of historical and transitional effect.

Full, verbatim text at KS Revisor of Statutes