A potential candidate for a public office in Kansas — say state Senate or state House or district attorney — wants to run but doesn’t live in the district he or she wants to represent.
The solution: Find an apartment or a house in the district owned by a friend who will say you live there or show up occasionally. Then register to vote at that address.
Do you have to physically live at this apartment? Frankly, Kansas law regarding residency is somewhat murky on the definition of a candidate’s “residence.”
An investigative story that aired Monday on KCTV, Channel 5, implied that Johnson County District Attorney Phill Kline might be breaking a Kansas law by living in Shawnee County and owning a home there.
Kline and his wife are registered to vote at an address in Stilwell that's owned by political allies. KCTV suggested that Kline really didn’t reside at the Stilwell address.
However, the law requires only that Kline be a qualified or registered voter in Johnson County to serve as DA. What is a qualified voter in Kansas?
That definition can be found in the following statute:
Chapter 25. — ELECTIONS
Article 4. — CONDUCT OF ELECTIONS
25-407. Rule for determining residence of voter. The judges of election, in determining the residence of a person offering to vote, shall be governed by this section. "Residence" means the place adopted by a person as such person's place of habitation, and to which, whenever such person is absent, such person has the intention of returning.
But what is a "place of habitation"? Do you have to live there all the time? Nothing in this statute says you must lay your head on a pillow every night at the address listed on your voter registration.
We consulted the state authority on elections, the secretary of state's office. Brad Bryant, an election official there, confirmed that all election gurus look at when they determine whether a candidate is qualified to serve is that they are registered to vote at an address in the district.
Last year this issue cost a candidate in Wichita, former state Sen. Henry Helgerson Jr., a Democrat, a state Senate seat when it was revealed that he was living in a house outside the district in which he was running. He had rented an apartment in the district but was seldom there.
The voters, however, decided the issue — not the legal system.
How can Kline even look a constituent in the eye????
How can you have respect for a guy like Kline if you have looked at how he has presented himself to the people??? Is he honest with the people??? Is he actually doing the job of County Attorney??? Does he have respect for the employees in his office?? Does he have respect for the County or the County Commissioners when he refuses to be held accountable under the county personnel policy??? Myself I won't be forgeting the Kline fiasco in Johnson County - he made a name for himself but not one I would be proud of.
I also have concern as to whether the county is being ethical in their release of public records such as to when Kline went and left work as per the parking passcard - it appears there are holes in the information given on this and I have to wonder whether it is intentional or just not a good records system - regardless it appears the county needs to do a better job and I believe the people should have this information.
Overall Mr. Kline is not being held accountable by the County and I am sure that is exactly the way he wants it - he wants to be held accountable to no one.