Skip to main content

Kansas Advisory Opinions March 13, 1975: AGO 75-115

Up to Kansas Advisory Opinions

Collection: Kansas Attorney General Opinions
Docket: AGO 75-115
Date: March 13, 1975

Advisory Opinion Text

The Honorable Robert F. Bennett

AGO 75-115

No. 75-115

Kansas Attorney General Opinion

State of Kansas Office of the Attorney General

March 13, 1975

The Honorable Robert F. Bennett

Governor of Kansas

2nd Floor - State Capitol Building

Topeka, Kansas 66612

Dear Bob:

I have your letter of March 10 past. I enclose a copy of my recent opinion to Paul and Sharon Hess, concerning their residence in Wichita. Because of Article 2, § 4, which prescribes residence qualifications particularly for members of the legislature, the opinion is only partially applicable to your circumstances.

Unlike members of the legislature, you continue to enjoy the benefit of K.S.A. 25-108 thus:

"That for the purpose of voting, no person who is in the employment of this state or any municipal subdivision thereof in any civil capacity shall be deemed to have gained or lost a residence by reason of such employment, but all such officers or employees shall be considered as residents of the place from whence they were elected or appointed."

In view of your stated intention to return to Johnson County when your tenure at Cedar Crest is concluded, there is no basis for the suggestion that you have abandoned your Johnson County residence, which remains unaltered by operation of law, per K.S.A. 25-108, upon your removal to your official residence in Topeka.

Accordingly, in my opinion, you remain eligible to vote in the coming city and school district elections on April 1.

With every good wish.

Yours very truly,

CURT T. SCHNEIDER, ATTORNEY GENERAL