Gietzen v. McMillon

MEMORANDUM AND ORDER

CROW, District Judge.

On September 3, 1993, the plaintiffs commenced this action alleging that the manner in which vacancies on the Kansas State Board of Education (KSBE)1 are filled violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because the KSBE exercises general governmental powers which affect the lives of all of the citizens of Kansas, but replacements to fill KSBE vacancies are selected by a narrowly limited voting process. Specifically, the plaintiffs challenge K.S.A. 25-3902a, arguing that the selection process it…