19-804. Vacancy in office of sheriff, how filled; duties and liabilities of undersheriff. Except in those counties operating under the provisions of consolidated law enforcement acts, whenever a vacancy occurs in the office of sheriff of any county, the undersheriff of such county shall in all things execute the office of sheriff until a sheriff shall be appointed by the governor in the manner provided by law for filling vacancies in the office of member of the house of representatives. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualifies. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualifies at the next general election to serve the remainder of the unexpired term. Nomination and election of such successor shall be in the same manner as nomination and election of a sheriff for a regular term. Any default or misfeasance in office of such undersheriff in the meantime, as well as before such vacancy, shall be deemed to be a breach of the condition of the bond given by the sheriff who appointed the undersheriff, and also a breach of the condition of the bond executed by such undersheriff to the sheriff by whom the undersheriff was appointed.
History: G.S. 1868, ch. 25, § 102; L. 1870, ch. 111, § 1; R.S. 1923, 19-804; L. 1945, ch. 162, § 1; L. 1972, ch. 93, § 24; L. 1983, ch. 94, § 1; L. 1986, ch. 100, § 3; July 1.
Structure Kansas Statutes
Chapter 19 - Counties And County Officers
19-801a Sheriff; election, term, bond.
19-801c Eligibility of sheriffs holding office on July 1, 1972, for nomination and election.
19-802 Condition of such bond.
19-803 Appointment of undersheriff.
19-804 Vacancy in office of sheriff, how filled; duties and liabilities of undersheriff.
19-804a Exercise of functions of sheriff by county clerk, when.
19-805a Special deputies; appointment, revocation; bonds.
19-805b Same; authority of special deputies.
19-805c Same; act extends appointing power.
19-810 Appointment of undersheriff or deputy to be in writing; revocation.
19-811 Charge and custody of jail; liability for acts.
19-812 Process, writs, precepts and orders; court attendance; fees.
19-812a Montgomery county; duties of sheriff.
19-812b Neosho county; duties of sheriff.
19-814 What sheriff shall deliver to successor.
19-815 Writs in hand on expiration of term or removal.
19-816 Default or misconduct of deputy after death, resignation or removal of sheriff.
19-817 Action for default or misconduct of sheriff or deputy.
19-818 Service of paper on sheriff.
19-820 Default as to writ or process; penalties.
19-821 Demanding or receiving illegal fees; penalties.
19-822 Uniforms and display of badges by sheriff and deputies; requirements; exceptions.
19-823 Same; allowance for uniform expense in counties under 200,000.
19-827 Payment for services provided by certain special deputies.