Can conservative podcaster Doug Billings remain an officially filed candidate for governor now that his running mate has withdrawn?
That is the focus of Secretary of State Scott Schwab’s request for an opinion from the attorney general now that Billings’ running mate, April McCoy, has notified state election officials that she’s withdrawing as his running mate.
Schwab’s question raises a new issue for Kansas elections officials since state law does not deal with how a vacancy should be filled if a joint candidate withdraws or dies before the filing deadline or after the deadline but before the primary if there are other candidates.
“Kansas law does not address a situation where the lieutenant governor candidate withdraws,” said Whitney Tempel, spokesperson for the secretary of state.
As a Republican candidate for governor, Schwab’s decision to ask for an opinion would keep him away from being accused of having a conflict in trying to answer the questions.
Last week, McCoy notified the secretary of state’s office that she was withdrawing as Billings’ running mate. She cited personal reasons but wouldn’t go into detail.
McCoy decided to leave the campaign after Billings went on social media to disclose his past legal troubles that he said included accusations of propositioning female students at a high school where he taught English and “misappropriated” funds related to a human resources job he held 18 years ago.
Billings said he took plea bargains in both cases to avoid bad publicity and because of legal costs. He has not responded to phone calls and emails seeking comment.
McCoy said Billings’ past was unrelated to her decision to leave the campaign.
State law requires candidates for governor and lieutenant governor to file together, run on the ballot together and be elected together.
It’s the only joint office in state government. Before 1974, the governor and the lieutenant campaigned separately.
The question now facing election officials is whether Billings can pick a new running mate or if his candidacy is terminated, forcing him to refile with another running mate.
Officials also must resolve whether Billings and his running mate would have to pay more filing fees – $2,170 for both candidates combined – if he is forced to refile.
Billings’ fate matters because it could winnow a crowded Republican field for governor where there are already six announced candidates and maybe as many as three more who could enter the field before the year is out.
Billings could be one of among at least four GOP candidates running hard on their support for President Donald Trump, who could make difference in the primary if he decides to endorse a Republican candidate.
Current state law details the process for filling vacancies that occur after the filing deadline and before the primary election if there is no other candidate for the office.
It also outlines how the process for filling vacancies that occur after the primary but before
the general election, including openings for governor or lieutenant governor.
