Because of the timing of former Secretary of State Ron Thornburgh’s resignation, the person Gov. Mark Parkinson appoints to replace Thornburgh will have the ability to make an appointment of his own, in addition to serving on the state’s three-member canvassing board.

According to Kansas law, the secretary of state has the authority to appoint the state’s four election commissioners. The statute states that “the election commissioner…shall hold office for a term of four years and until a successor is appointed and qualified.”

The statute also states that the secretary of state has the ability to remove a commissioner for “official misconduct.”

State election commissioners include Brian D. Newby, Johnson County election commissioner; Bill Gale, Sedgwick County election commissioner; Elizabeth Ensley, Shawnee County election commissioner and Bruce Newby, Wyandotte County election commissioner.

Bruce Newby and Brian D. Newby are not related.

Although the terms of Bruce Newby, Bill Gale and Elizabeth Ensley will not be up for reconsideration in 2010, Brian D. Newby’s term will end in August 2010. The new secretary of state appointee will therefore be given the power to either re-appoint Brian Newby to the position or appoint a new person to replace Newby.

Newby, a registered Republican, said he did have concerns about whether the appointed person, likely a Democrat, would allow him to retain his position.

“It wasn’t a concern before a week ago,” Newby told Kansas Liberty. “It is our job here to administer the elections, so I don’t know that a partisan issue would come into play, but I can see logically how it would.”

Newby pointed out that his term will be up for reconsideration during election season.

“We are certainly heading into a very busy time,” Newby said.

The appointed secretary of state will also be awarded the ability to serve on the three-member canvassing board. The remaining other two members are also appointed officials and were not elected by the general public.

The State Canvassing Board consists of the governor, the secretary of state and the attorney general.

After tabulated results are completed, the secretary of state meets with state canvassers and the state board of canvassers then certifies the results.

Generally, the canvassing board would consist of officials who were elected into their positions, but because of the current makeup of state officials, it will be held solely by appointees for the 2010 election.

Currently, Insurance Commissioner Sandy Praeger is the lone state official whom Kansans elected to serve in the position.

Kathy Kist, chair of the Olathe Republican Party, said she was upset that the appointee will have authority over who serves as the Johnson County election official.

“This is exactly why the Kansas voters are disappointed that Thornburgh elected not to stay in his position until the end of his term,” Kist told Kansas Liberty. “This is the kind of appointment that should have been made by a Republican because Republicans are the ones who won the election for secretary of state.”

Kist said that she would like to see Brian Newby replaced because of conflicts she had with him concerning provisional ballots in the House race between Dennis Kriegshauser, a Republican, and Rep. Gene Rardin, D-Overland Park.

Kriegshauser lost the election to Rardin by two votes in 2007.

However, Kist said that she was unsure that a Democratic replacement for Newby would be an improvement.

Doris Riley, president of the Kansas Sunflower Republican Club, a conservative-leaning Johnson County organization, gave Newby positive reviews for his service as the election commissioner.

“He works very hard to make our elections run smoothly,” Riley told Kansas Liberty. “I hope Brian Newby keeps his job.”

Riley said she was disappointed that Thornburgh’s decision to resign would leave the door open for a Democratic replacement for Newby.

“I just don’t understand Thornburgh’s thinking,” Riley said. “It just puts so much up in the air. I am really disappointed in Thornburgh for his action.”

Riley said she hoped that politics would stay out of the 2010 elections but said it was beginning to appear that would not be the case.

“It will be interesting to see who Parkinson does appoint, though it will most likely be a Democrat,” she said. “I hate to see politics even enter our elections system, but it has evidently now more than ever.”

Resources:

Thornburgh resigns, leaving position primed for Democrat appointee

Kansas has serious decline in elected representation

The Week in Review