What You Need To Know: Kansas Voters Will Decide Whether to Elect Supreme Court Justices

Kansas voters will decide today whether to replace the state’s current system for selecting Kansas Supreme Court justices with direct elections.

The constitutional amendment will appear on ballots statewide, including ballots issued to voters who are unaffiliated or who do not participate in a Democratic or Republican primary.

This is not a vote on an individual justice or local district court judge. It is a vote on the process Kansas would use to select future members of the seven-member Kansas Supreme Court.

How Justices Are Selected Now

Under the current system, the Kansas Supreme Court Nominating Commission reviews applicants when a vacancy occurs and submits three names to the governor. The governor appoints one of those three nominees.

The commission has nine members: one lawyer and one nonlawyer from each of Kansas’ four congressional districts, along with an additional lawyer who serves as chair.

After appointment, justices eventually appear on the statewide ballot in retention elections. Voters choose “yes” or “no” on whether the justice should remain in office. The justice does not face an opposing candidate.

What a “Yes” Vote Would Do

A vote yes would:

Establish direct statewide elections for Kansas Supreme Court justices.

Give each justice position a designated number.

Provide six-year terms.

Abolish the Kansas Supreme Court Nominating Commission.

Replace retention elections with elections involving candidates for specific court positions.

Require vacancies for unexpired terms to be filled through elections as provided by state law.

The first elections would be staggered:

Positions 1, 2 and 3 in November 2028.

Positions 4 and 5 in November 2030.

Positions 6 and 7 in November 2032.

The Legislature would be responsible for establishing additional rules governing those elections.

What a “No” Vote Would Do

A vote no would retain the existing system.

The nominating commission would continue submitting three candidates to the governor, the governor would continue making appointments and justices would continue facing voters through retention elections without an opponent.

Political-Activity Rules Would Also Change

The amendment goes beyond changing how justices reach the court.

It would remove the current constitutional prohibition preventing Kansas Supreme Court justices from making political contributions, holding positions in political parties or participating in political campaigns.

It would also change political-activity restrictions for certain district court judges who become candidates for appellate court positions.

Arguments Surrounding the Amendment

Supporters argue direct elections would make Supreme Court justices more accountable to Kansas voters and reduce the influence of the nominating commission and governor.

Opponents argue contested judicial elections could make the court more partisan, increase outside campaign spending and place pressure on justices to consider political consequences when deciding cases.

The amendment will be decided by voters statewide today, Tuesday, August 4th.