Kansas Voters Will Decide Whether Supreme Court Justices Should Be Elected
Kansas voters will decide Aug. 4 whether to replace the current appointment-and-retention system for Supreme Court justices with phased statewide elections.
Kansas voters will decide Tuesday, Aug. 4, whether to change how the state selects Supreme Court justices, replacing the current governor-and-nominating-commission system with direct statewide elections if the amendment passes.
The question will appear statewide on the 2026 primary-election ballot, and early voting is underway. Every registered Kansas voter may vote on the constitutional amendment, regardless of political affiliation, according to the Kansas News Service.
What a yes vote would change
A yes vote would amend Sections 5, 8 and 15 of Article 3 of the Kansas Constitution and abolish the nine-member Kansas Supreme Court Nominating Commission, according to the Kansas Secretary of State’s ballot materials.
Under the proposed system, Kansas voters would elect Supreme Court justices in statewide elections. The amendment provides for six-year terms, while the Legislature would set the election rules and designate the justice-position numbers.
The change would be phased in over three general elections:
- Justice positions 1, 2 and 3 would be elected in November 2028.
- Positions 4 and 5 would be elected in November 2030.
- Positions 6 and 7 would be elected in November 2032.
The first elections under the proposed system would occur in November 2028, not during the Aug. 4, 2026, primary. Vacancies involving unexpired terms also would be filled by election as provided by law.
The proposal would not immediately remove any sitting justice. It sets a future election schedule rather than calling a Supreme Court election in 2026.
The amendment also would remove the current constitutional prohibition on Supreme Court justices taking part in political campaigns, a change described in the Kansas Legislative Research Department’s summary of SCR 1611.
What a no vote would preserve
A no vote would keep the current system in place.
When a vacancy occurs, the Supreme Court Nominating Commission reviews applicants and sends the governor the names of three qualified candidates. The governor chooses one of those nominees. If the governor does not act within 60 days, the chief justice may make the appointment from the commission’s list.
After an initial period in office, justices face retention elections. Voters decide whether a justice should remain on the court, but the justice does not face an opposing candidate on that ballot. Justices serve six-year terms if retained.
The current process is still operating. For example, the governor’s office has described the appointment of Judge K. Christopher Jayaram through the existing governor-and-nominating-commission system.
Why the selection method matters
The Kansas Supreme Court resolves disputes involving the state Constitution and can affect policies across Kansas. Its decisions have included major questions about public-school funding and constitutional rights, including the state constitutional right to abortion recognized in a 2019 ruling, according to the Kansas News Service.
Supporters of the amendment, including Attorney General Kris Kobach and Senate President Ty Masterson, argue that voters should have a more direct role in choosing justices and that the existing process gives attorneys on the nominating commission too much influence.
Opponents, including former justices and other legal observers cited by the Kansas News Service, argue that the commission provides extensive professional, ethics and financial vetting. They also warn that direct elections could make judicial campaigns more dependent on political fundraising and change the incentives surrounding the court.
Those are arguments about the proposed system, not established results. The amendment changes the selection structure; it does not specify how future justices would rule in particular cases.
What Kansas voters should know
The amendment is separate from the partisan contests on the primary ballot. Unaffiliated voters may vote on the constitutional question even if they do not participate in a party primary.
In-person voters must present an acceptable photo ID. Polls are scheduled to be open from at least 7 a.m. to 7 p.m. on Aug. 4, although locations and hours may vary by county. Voters using advance ballots should check current instructions and deadlines with their county election office.
The immediate choice is whether to change the constitutional framework for selecting Kansas Supreme Court justices. A yes vote begins a multiyear transition to direct statewide elections. A no vote keeps appointments by the governor from a commission-selected list, followed by retention elections.
Sources
- Kansas Secretary of State proposed constitutional amendments
- Kansas Legislative Research Department summary of SCR 1611
- Kansas News Service voter explainer published by KMUW
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