Constitutional Amendment
A NO Vote
Maintains the state constitution as it is, allowing the governor to veto legislation and the Kansas Legislature can still override a veto with a two-thirds majority vote.
A YES Vote
Remove the governor’s right to veto, shifting the power to the legislature, as a simple majority vote would allow the legislature to cancel any rules and regulations by the executive branch agencies.
Together We Can Move Kansas Forward
Where do we have Common Ground?
Can we agree that:
- Government requires limits.
- Local communities have a right to local control.
- Government is a balance of powers.
A Legislative Power Grab
Credible Information
The proposed Constitutional Amendment is worded to confuse the issue. It states that it will give the Kansas Legislature, by simple majority vote, sweeping authority to revoke or suspend any rules or regulations of any Kansas Executive Branch officer or agency. The constitutional amendment would change the way that bills become law. Currently bills are passed by the legislature with a majority vote, then sent to the Governor, who can veto the bill. If vetoed, the bill is then returned to the legislature who can override the Governor’s veto but must garner a 2/3rd’s vote to do so. This Constitutional Amendment would allow the bills that void the executive branch agency’s rules and regulations to become law without being reviewed and voted on by the sitting Governor.
Potentially, this could allow the legislature to void any executive branch agency’s rules and regulations, even retroactively, such as those affecting health, safety, the environment, elections, or education. Since there are no time limits for legislative action, all existing regulations, as well as all future regulations, would be subject to revocation.
Facts about where we stand Today
Limits and Regulations
- Kansas legislators already have the opportunity to revoke or suspend executive agency rules and regulations because the legislature can pass laws making executive agency rules and regulations illegal.
- It is a misrepresentation to say that our legislators do not have a way to review state executive rules and regulations.
Our agencies are our experts, making their offices political could damage many beneficial environmental, business and health regulations
- This new amendment would mean that 51% of the state lawmakers would have final control over rules and regulations in the executive branch.
- This amendment would shift the power from the Executive Branch to the Legislative Branch.
Democracy, literally, “rule by the people”
- From the Greek dēmos (“people”) and kratos (“rule”)
- This amendment would make Kansas nearly impossible to govern by an executive branch that is affiliated with a different party than the legislature because it foregoes the executive oversight currently granted in the constitution.
Immediate Impacts
Changing the Kansas Constitution will remove the veto power of the Kansas Governor with respect to agency rules and regulations.
Keeping the current language in the Kansas Constitution keeps the balance between the Executive and Legislative branches of government.
Vote for Candidates who will move Kansas Forward
Kansans respect local control; however, during the 2021-2022 Kansas legislative sessions, legislators passed bills revoking local control, removing the power of the executive branch, and asking Kansans to change the constitution to give them more control over the other branches of government. Some of these bills were vetoed by Governor Kelly, others were not. A few examples of legislative power grabs are listed below.
Individual Rights
The Abortion Amendment would have allowed the Kansas legislature to define and restrict procedures related to abortions.
Executive Branch
HB 2387 Required the executive branch to extend the current Medicaid contracts for one more year rather than to issue an Request For Proposal, essentially giving the current suppliers a no-bid contract
HB 2252 changed the executive branch power regarding election laws
HB 2387 changed the powers of the Governor in the Kansas Emergency Management Act (KEMA)
Local Government
HB 2717 restricted municipal governments from issuing ID cards or becoming a sanctuary city
SB 493 prohibited local governements from restricting the use of plastic bags (Vetoed by the Governor)
Board of Education/Local School Board
SB 58 The Parents bill of rights would have infringed on local school board decisions as well as the State Board of Education (Vetoed by the Governor)
Kansas State High School Activities Association/Local School Board
SB 160 would have usurped the KSHSAA rules regarding transgender children (Vetoed by the Governor)