Kansas voters reject plan to elect Supreme Court justices, preserving merit selection

Kansas voters reportedly rejected a proposed constitutional amendment that would have replaced the state’s merit-selection system with direct elections for Supreme Court justices. The Associated Press reported the measure failed in the August 4, 2026, primary. The result is not yet formally certified; the State Board of Canvassers has until September 1, 2026, to certify the primary results.

If the reported result is certified, Kansas will not begin electing Supreme Court justices in 2028 under this amendment. The current system of commission screening, gubernatorial selection and retention elections will remain in effect.

What the amendment would have changed

The amendment would have given Kansas voters the right to elect Supreme Court justices to six-year terms. The proposed schedule called for positions 1, 2 and 3 to be elected in November 2028, positions 4 and 5 in November 2030, and positions 6 and 7 in November 2032, with elections continuing every six years afterward.

It also would have required vacancies involving unexpired terms to be filled by election and would have abolished the Kansas Supreme Court nominating commission. The ballot language left rules for conducting the elections and assigning position numbers to future legislation.

The amendment was written as nonpartisan election language. It did not itself create partisan Supreme Court elections.

The current system remains in place

Under the system described in the state’s ballot materials, a nine-member Supreme Court nominating commission reviews applicants for a vacancy and sends three finalists to the governor. Five members are lawyers selected by Kansas attorneys, and four members are nonlawyers appointed by the governor.

The governor chooses one of the three finalists. Justices serve six-year terms and then face retention elections without an opposing candidate. A justice remains in office if a majority of voters answering the retention question favor keeping that justice.

For residents, the immediate practical consequence is that the method for filling future Supreme Court vacancies does not change under the reported result. Kansas will not hold statewide Supreme Court candidate elections beginning in 2028 unless voters later approve a different constitutional change.

Why the proposal became a major political fight

Supporters argued that direct elections would give voters more accountability and a greater say over the court’s direction. Opponents raised concerns about campaign spending, political influence and the effect of elections on judicial independence.

The campaign was connected to long-running disagreements over the court’s role in abortion rights, school funding, election law, the death penalty and business litigation. Kansas reporting also described arguments that direct elections could change how the court approaches legal issues affecting education funding and liability disputes.

Those disputes are not resolved by the amendment vote. The failed proposal itself does not change abortion access, school funding requirements, election rules or business liability. Those issues remain governed by existing law and by future court and legislative action.

What happens next

The reported primary result remains subject to formal certification. Kansas’ 2026 election calendar lists September 1 as the last day for the State Board of Canvassers to certify the official primary results.

Until certification, the outcome should be described as reported rather than final. If certified as reported, the nine-member nominating commission will continue screening applicants, governors will continue choosing from three finalists, and justices will continue facing noncompetitive retention elections.

Future legislative or constitutional efforts to change judicial selection remain possible, but no new change is scheduled or guaranteed by this vote.

Sources

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