VOTERS GUIDE | Amendments on legislative power, sheriffs make ballot

Legislative powers

Question 1 on the ballot is about providing the legislature the authority to revoke or suspend rules and regulations set by state executive branch agencies and officials. This includes officials like the governor and attorney general as well as agencies like the Kansas Department of Health and Environment.

Currently, lawmakers would have to pass a law to override an administrative rule, but they would need a supermajority to overrule if the governor vetoed the law. The amendment would establish a legislature veto of executive regulations that only requires a simple majority.

Proponents say this will allow legislators to prevent burdensome regulations, while opponents say this gives more power to the traditionally Republican legislature.

The amendment would add an “legislative oversight of administrative rules and regulations” section to the constitution:

“Whenever the legislature by law has authorized any officer or agency within the executive branch of government to adopt rules and regulations that have the force and effect of law, the legislature may provide by law for the revocation or suspension of any such rule and regulation, or any portion thereof, upon a vote of a majority of the members then elected or appointed and qualified in each house.”

A yes vote means the voter wants to include that language in the constitution.

A no vote means the voter doesn’t want to make any changes.

Sheriff

Question 2 on the ballot is about making it a constitutional requirement for residents in counties with an elected sheriff as of Jan. 11 to continue electing the position. The amendment also would say that a county sheriff only may be involuntarily removed from office either through a recall election or a challenge initiated by the Kansas attorney general.

Riley County is the only county that doesn’t have a sheriff, which has been the case since 1974. Instead of a sheriff’s office, it has a county-wide police department, led by a director.”

A House resolution protects Riley County from having its status changed by the amendment vote. If approved, no other county would be allowed to have the same setup as the Riley County Police Department.

In 2021, a proposal in Johnson County would have called for the sheriff to be an appointed position rather than an elected one. The proposal didn’t pan out, but it led to the state legislature placing this on the ballot.

A yes vote means the voter wants to include that language in the constitution.

A no vote means the voter doesn’t want to make any changes.