Saline County Joins Kansas Voters in Rejecting Supreme Court Election Amendment

Nearly 60% of Saline County voters opposed changing Kansas from its current appointment and retention system to direct elections for Supreme Court justices.

SALINA — Saline County voters joined voters across Kansas on Tuesday in rejecting a proposed constitutional amendment that would have changed how members of the Kansas Supreme Court are selected.

Final unofficial election-night results in Saline County showed:

No: 6,419 votes, or 59.2%
Yes: 4,418 votes, or 40.8%

The amendment failed locally by 2,001 votes, a margin of approximately 18.5 percentage points. A total of 10,837 Saline County voters cast ballots on the question.

The amendment was also defeated statewide. Election results remained unofficial Tuesday night, but the statewide margin was large enough for major election-reporting organizations to call the contest for the “No” side.

What a “No” Vote Means

A “No” vote supported keeping the current system for filling vacancies on the Kansas Supreme Court.

Under that process, the Kansas Supreme Court Nominating Commission reviews applicants and submits three nominees to the governor. The governor selects one of those nominees to serve on the court.

Justices later appear before voters in retention elections. Voters decide whether each justice should remain in office, but the justice does not run against an opposing candidate. Justices retained by voters serve six-year terms.

Because the amendment was rejected, that process will remain in place.

What the Amendment Would Have Changed

The proposed amendment would have allowed Kansas voters to directly elect the seven members of the Kansas Supreme Court.

The elections would have been phased in:

Positions 1, 2 and 3 in November 2028

Positions 4 and 5 in November 2030

Positions 6 and 7 in November 2032

Each position would then have been elected every six years. The Kansas Legislature would have established the rules governing those elections.

The amendment also would have abolished the Kansas Supreme Court Nominating Commission. Vacancies occurring before the end of a justice’s term would have been filled through an election process established by state law.

The proposed constitutional language also would have removed existing restrictions that prevent Supreme Court justices selected under the current system from making political contributions, holding party positions or participating in political campaigns.

Current Commission Includes Lawyers and Nonlawyers

The Supreme Court Nominating Commission has nine members.

Kansas attorneys select one lawyer from each of the state’s four congressional districts, along with a lawyer who serves as commission chair. The governor appoints one nonlawyer from each congressional district.

When a Supreme Court vacancy occurs, the commission submits three nominees to the governor. That structure will continue following the amendment’s defeat.

Supporters and Opponents Offered Different Arguments

Supporters of the amendment argued that direct elections would give Kansas voters more control over who serves on the state’s highest court.

Opponents argued that direct campaigns could increase the influence of political parties, donors and campaign spending on the judiciary. They supported retaining the commission-based process as a method of reviewing candidates before an appointment is made.

The Saline County vote does not establish why individual voters chose either position. It shows that nearly three out of every five county voters who answered the question opposed the proposed change.

Question Was Open to All Registered Voters

Although the amendment appeared during a partisan primary election, participation in the constitutional question was not restricted by political-party affiliation.

Republicans, Democrats and unaffiliated voters were eligible to vote on the amendment.

Saline County reported 11,279 total ballots cast in the election. Of those voters, 10,837 answered the Supreme Court question, meaning 442 ballots did not include a vote on the amendment.

Saline County Result Closely Matches Statewide Outcome

Saline County rejected the proposal by approximately 59% to 41%.

The statewide result followed a similar pattern, with Kansas voters also rejecting the amendment by a clear margin in unofficial election-night reporting.

The statewide defeat means the Kansas Constitution will not be changed to create direct elections for Supreme Court justices.

Results Still Await Certification

Saline County’s totals remain unofficial until provisional ballots are reviewed and the county canvass is completed.

The statewide result must also go through the canvassing and certification process before becoming official. Kansas election rules require ballots to be reviewed, tabulated and certified after Election Day.

The remaining process could slightly change the final totals. However, the statewide margin is large enough that the amendment has been defeated.

Kansas will continue using the Supreme Court Nominating Commission, gubernatorial appointments and statewide retention elections to select and retain members of its highest court.