Senate advances bill to keep successful candidates on ballot after primary

Sen. Marci Francisco, D-Lawrence, debates with Sen. Mitch Holmes, R-St. John, about a bill that would prevent candidates from withdrawing from the ballot after a primary. The bill is a response to controversy over Democrat Chad Taylor's withdrawal from the U.S. Senate race last year.

? Candidates for state and federal office who make it through the primary election would no longer be allowed to withdraw from the ballot after Sept. 1 of an election year, under a bill advanced by the Kansas Senate.

The only exceptions to that rule would be if the candidate dies, suffers from a “severe medical hardship,” or moves out of the state. And in such cases, the candidate’s party would be required to name a replacement candidate.

The bill, which was introduced at the request of Kansas Secretary of State Kris Kobach, is a response to controversy last year when Democrat Chad Taylor withdrew from the U.S. Senate race and the Democratic Party did not name a replacement.

Originally, Kobach wanted a bill that would only allow candidates to withdraw if they died before an election. But critics argued in committee hearings that it would be unfair to require someone to continue running, or even to serve in office, after suffering from a debilitating illness such as a stroke.

The amendments made in a committee appeared to quiet any criticism of the bill, which advanced to final action on a voice vote. The Senate is expected to take a final vote on the bill Wednesday and send it to the House.

The bill says that when a vacancy occurs on the ballot, the local party organization will have 14 days to call a convention, and the convention must be held within 10 days after that.

Taylor’s withdrawal from the Senate race last year ignited a national frenzy because it put Republican Sen. Pat Roberts into a head-to-head match against independent candidate Greg Orman. Polls had shown Roberts vulnerable against only one major opponent, but he was widely expected to survive his re-election bid against two candidates.

Kobach initially declined Taylor’s request to withdraw, saying he had not complied with a statute requiring him to declare that, if elected, he would be unable to fulfill the duties of the office. But the Kansas Supreme Court overturned that decision, saying Taylor had effectively made such a declaration by saying he was withdrawing “pursuant to” that statute.

Afterward, a private citizen filed suit in Shawnee County District Court seeking to force the Kansas Democratic Party to name a new candidate. Party leaders said they could not find a viable candidate in the short amount of time left, and they did not want to devote resources to a race the party considered unwinnable.

A three-judge panel sided with the party and rejected the plaintiff’s petition, in part because the plaintiff failed to appear in court on the day of the hearing.