Justices to determine how state fills political office vacancies

? Rita Cline inspired a strange court case when she resigned under fire as Shawnee County treasurer. So, too, did Mike Hinnen when he left the Woodson County sheriff’s office for personal reasons.

The Kansas Supreme Court is scheduled to hear arguments at 1:30 p.m. Wednesday in Cline’s case. When it settles Cline’s, it will also decide Hinnen’s. A ruling could come as early as July 11.

In both cases, the issue is whether local Republicans or Democrats nominate the successor for Gov. Kathleen Sebelius to appoint.

Usually, when an elected official resigns, it’s a simple question, with the departing official’s political affiliation the answer.

But both Cline and Hinnen won elections in 2000 as Democrats, then switched parties before leaving office. Kansas law is silent on which affiliation governs.

“It’s an area where the law really is unclear,” said Secretary of State Ron Thornburgh, the state’s top elections official. “The statute does not contemplate that someone would change parties.”

Cline’s case received more attention. She resigned in March in the face of an attempt by Shawnee County Dist. Atty. Robert Hecht to remove her from office; Cline was accused of misusing nearly $22,000 in county funds.

Cline denied wrongdoing but apologized publicly for what she called a “lack of attention to matters which created a perception of risk to the financial integrity of the Shawnee County treasurer’s office.”

Afterward, Democrats and Republicans each nominated their own successor. Democrats then filed a petition with the Supreme Court, asking it to settle the issue.

In Woodson County, both parties also designated a successor for Hinnen, but Sebelius’ office filed a lawsuit against both in district court to get the law clarified.

“We’re very much looking for some guidance on how to proceed,” said Sebelius’ spokeswoman, Nicole Corcoran-Basso.

Thornburgh said it was unusual to have two similar cases at once, because party switchers were uncommon. He said tradition had been the affiliation an official held at the time of resignation determined the successor’s affiliation.

“We have a governor who’s chosen to review that policy,” said Thornburgh, a Republican. Sebelius is a Democrat.