The form of Kansas's constitution was a matter of great national concern, for the question of whether Kansas would be a free or slave state was in doubt throughout the 1850s. After three draft constitutions failed to win popular support or congressional approval, a fourth version, banning slavery, was drafted in July 1859 and ratified by Kansas voters that October. Signed by President James Buchanan on 29 January 1861, this constitution (with 92 subsequent amendments as of 2002, one of which was subsequently nullified by the state supreme court) has governed Kansas to the present day.
The Kansas legislature consists of a 40-member senate and a 125-member house of representatives. Senators serve four-year terms and house members serve for two years; elections are held in even-numbered years. Legislative sessions, which begin the 2nd Monday of January each year, are limited to 90 calendar days in even-numbered years but are unlimited in odd-numbered years. Legislators may call a special session by petition to the governor of two-thirds the membership of each house. Length of special sessions is not limited. Legislators must be at least 18 years old, residents of their districts, and qualified voters. In 2002 legislators received a per diem salary of $78.75 during regular sessions.
Constitutional amendments are proposed by the legislature, where they must be approved by two-thirds of the members before being sent to the voters for ratification. A maximum of five proposed amendments may be submitted to the state's voters at any one time.
Officials elected statewide are the governor and lieutenant governor (elected jointly), secretary of state, attorney general, treasurer, and commissioner of insurance. Members of the state Board of Education are elected by districts. All elected state officials serve four-year terms. The governor cannot serve more than two consecutive terms. Every office in the executive branch is controlled by either the governor or another elected official. There are no formal age, citizenship, or residency provisions for a gubernatorial candidate's qualifications for office. In 2002, the governor's salary was $95,446.
A bill becomes law when it has been approved by 21 senators and 63 representatives and signed by the governor. A veto can be overridden by two-thirds of the elected members of both houses. If the governor neither vetoes nor signs a bill, it becomes law after 10 days (whether or not the legislature is in session).
To vote in the state, a person must be a US citizen, 18 years old at the time of the election, a resident of Kansas, and not able to claim the right to vote elsewhere. Restrictions apply to those convicted of certain crimes and to those judged by the court as mentally incompetent to vote.