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Kansas Elections for Supreme Court Justices Amendment (August 2026)
| Kansas Elections for Supreme Court Justices Amendment | |
|---|---|
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| Election date |
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| Topic State judicial selection |
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| Status On the ballot |
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| Type Legislatively referred constitutional amendment |
Origin |
The Kansas Elections for Supreme Court Justices Amendment is on the ballot in Kansas as a legislatively referred constitutional amendment on August 4, 2026.[1][2]
A "yes" vote supports amending the state constitution to authorize the election of state Supreme Court justices and abolish the existing state Supreme Court nominating commission. |
A "no" vote opposes amending the state constitution to authorize the election of state Supreme Court justices and abolish the existing state Supreme Court nominating commission. |
Overview
How would this amendment change how Supreme Court justices are selected?
- See also: Measure design
The amendment would provide the direct election of Kansas Supreme Court justices at staggered elections and abolish the existing Kansas Supreme Court Nominating Commission. The amendment authorizes the Kansas State Legislature to develop rules regarding the elections. The terms would remain the same at six years, and vacancies would be filled by election as provided for by law.[2]
Currently, the seven justices are selected through the assisted appointment method. The nominating commission is responsible for providing the names of nominees to the governor, who must then select a justice from that list. The commission is made up of nine members, one lawyer and one non-lawyer from each congressional district and one additional lawyer who serves as chairperson.[2]
Do other states provide for the election of Supreme Court justices?
- See also: Supreme Court justice selection by state
The selection of state Supreme Court justices varies by state. Nonpartisan elections for Supreme Court justices are held in 13 states:
- Arkansas
- Georgia
- Idaho
- Kentucky
- Minnesota
- Mississippi
- Montana
- Nevada
- North Dakota
- Oregon
- Washington
- West Virginia
- Wisconsin
Partisan elections for Supreme Court justices are held in eight states:
- Alabama
- Illinois
- Louisiana
- New Mexico
- North Carolina
- Ohio (intermediate appellate)
- Pennsylvania
- Texas
The assisted appointment method, which is the method currently used in Kansas, is also used by 20 other states. Five states use the gubernatorial appointment method, and two states provide for legislative election.
Who supports and opposes this amendment?
- See also: Support and Opposition
The amendment received support from Americans for Prosperity - Kansas, Kansas Chamber United for Business, Kansas Policy Institute, Kansas Attorney General Kris Kobach (R), and Kansas Solicitor General Anthony Powell (Libertarian Party) during the legislative process. Kansas Senate President Ty Masterson (R-16) said, "Kansas’s current system isn’t apolitical at all—it’s just politics veiled by a commission, and we should stop pretending. Direct elections make the political dynamic explicit, not hidden in backrooms by bar members who think they’re better than the rest of us. The current system’s promise of impartiality rings hollow when its rulings run afoul of the public and leave them no recourse to fight. Electing judges will sometimes be messy and yes, involve money and all the other things that go along with elections. But, let’s let the people decide if they want the power; if they want trade an elitist relic for a democratic system where they will hold the reins."[3]
Kansas Bar Association, ACLU of Kansas, American Federation of Teachers-Kansas, Kansas Appleseed Center for Law and Justice, Kansas Association of School Boards, Kansas Women Attorneys Association, and Planned Parenthood Great Plains Votes opposed the amendment during the legislative process. Micah Kubic, executive director of ACLU of Kansas, said "This is a blatant attack by the legislators on our justices, and it’s part of a decades-long pattern of politicians attempting to punish the judicial branch for issuing decisions on education and reproductive freedom that they disagree with. ... Partisan elections quickly become fights between out-of-state, big money interests. These elections become less about the voters and constituents of the state and more an opportunity for out-of-state big money interests to wage war against one another. And now, lawmakers would like our state’s highest court to be smack in the middle of that war."[3][4]
Measure design
- See also: Text of measure
Supreme Court elections
The amendment would provide for direct election of Kansas Supreme Court justices and abolish the existing Kansas Supreme Court Nominating Commission. The amendment states that the seven justices would be elected at staggered general elections with positions 1, 2, and 3 elected in November 2028, positions 4 and 5 elected in November 2030, and positions 6 and 7 elected in November 2032. The terms would remain the same at six years, and vacancies would be filled by election as provided for by law. Currently, midterm vacancies are filled by the nominating commission.[2]
Currently, the seven justices are selected through the assisted appointment method. The nominating commission is responsible for providing the names of nominees to the governor, who must then select a justice from that list. The commission is made up of nine members, one lawyer and one non-lawyer from each congressional district and one additional lawyer who serves as chairperson. The four non-lawyers are appointed by the governor. Four lawyers are elected by members of the Kansas State Bar in each congressional district. The fifth lawyer is elected by a statewide vote of members of the Kansas State Bar.
Newly appointed justices serve for at least one year, after which they must stand for retention in the next even-year general election. If retained, the justice serves a six-year term and must stand for retention every six years after that point to remain in office. Kansas voters adopted this method in 1958.[2]
Justice and judge partisan affiliation and contributions
The amendment would also repeal a provision prohibiting justices from directly or indirectly making contributions to, holding any office in a political party or organization, or taking part in political campaigns. This prohibition would still apply to lower court judges holding office under a nonpartisan method, except when such a judge is seeking election to a position on an appellate court.[2]
Text of measure
Constitutional changes
- See also: Article 3, Kansas Constitution
The measure would amend sections 5, 8, and 15 of Article 3 of the state constitution. The following underlined text would be added, and struck-through text would be deleted:[2]
Note: Hover over the text and scroll to see the full text.
§ 5. Selection of justices of the supreme court. The citizens of Kansas who are qualified electors shall have the right to elect the justices of the supreme court. The rules applicable for such elections and the designation of position numbers shall be provided by law. Justice positions 1, 2 and 3 shall be elected at the general election in November of 2028, justice positions 4 and 5 in November of 2030 and justice positions 6 and 7 in November of 2032, and every six years thereafter, respectively. Any vacancy occurring on the supreme court for an unexpired term shall be filled at the next even-year election for the remainder of such term by election as provided by law. (a) Any vacancy occurring in the office of any justice of the supreme court and any position to be open thereon as a result of enlargement of the court, or the retirement or failure of an incumbent to file his declaration of candidacy to succeed himself as hereinafter required, or failure of a justice to be elected to succeed himself, shall be filled by appointment by the governor of one of three persons possessing the qualifications of office who shall be nominated and whose names shall be submitted to the governor by the supreme court nominating commission established as hereinafter provided.
(b) In event of the failure of the governor to make the appointment within sixty days from the time the names of the nominees are submitted to him, the chief justice of the supreme court shall make the appointment from such nominees.
(c) Each justice of the supreme court appointed pursuant to provisions of subsection (a) of this section shall hold office for an initial term ending on the second Monday in January following the first general election that occurs after the expiration of twelve months in office. Not less than sixty days prior to the holding of the general election next preceding the expiration of his term of office, any justice of the supreme court may file in the office of the secretary of state a declaration of candidacy for election to succeed himself. If a declaration is not so filed, the position held by such justice shall be open from the expiration of his term of office. If such declaration is filed, his name shall be submitted at the next general election to the electors of the state on a separate judicial ballot, without party designation, reading substantially as follows:
"Shall
_____________________________________________
(Here insert name of justice.)
___________________________________________________
(Here insert the title of the court.)
be retained in office?"
If a majority of those voting on the question vote against retaining him in office, the position or office which he holds shall be open upon the expiration of his term of office; otherwise he shall, unless removed for cause, remain in office for the regular term of six years from the second Monday in January following such election. At the expiration of each term he shall, unless by law he is compelled to retire, be eligible for retention in office by election in the manner prescribed in this section.
(d) A nonpartisan nominating commission whose duty it shall be to nominate and submit to the governor the names of persons for appointment to fill vacancies in the office of any justice of the supreme court is hereby established, and shall be known as the "supreme court nominating commission." Said commission shall be organized as hereinafter provided.
(e) The supreme court nominating commission shall be composed as follows: One member, who shall be chairman, chosen from among their number by the members of the bar who are residents of and licensed in Kansas; one member from each congressional district chosen from among their number by the resident members of the bar in each such district; and one member, who is not a lawyer, from each congressional district, appointed by the governor from among the residents of each such district.
(f) The terms of office, the procedure for selection and certification of the members of the commission and provision for their compensation or expenses shall be as provided by the legislature.
(g) No member of the supreme court nominating commission shall, while he is a member, hold any other public office by appointment or any official position in a political party or for six months thereafter be eligible for nomination for the office of justice of the supreme court. The commission may act only by the concurrence of a majority of its members.
§ 8. Prohibition of political activity by justices and certain judges. No justice of the supreme court who is appointed or retained under the procedure of section 5 of this article, nor any judge of the district court holding office under a nonpartisan method authorized in subsection (a) of section 6 of this article, shall directly or indirectly make any contribution to or hold any office in a political party or organization or take part in any political campaign, except when such judge is a candidate for election to a position on an appellate court.
§ 15. Removal of justices and judges. Justices of the supreme court may be removed from office by impeachment and conviction as prescribed in article 2 of this constitution. In addition to removal by impeachment and conviction, justices may be retired after appropriate hearing, upon certification to the governor, by the supreme court nominating commission that such justice is so incapacitated as to be unable to perform adequately his duties. Other judges shall be subject to retirement for incapacity, and to discipline, suspension and removal for cause by the supreme court after appropriate hearing.
[5]
Full text
The full text of the amendment is available here.
Support
Supporters
Officials
- Senate President Ty Masterson (R)
- Kansas Attorney General Kris Kobach (R)
- Kansas Solicitor General Anthony Powell (Libertarian Party)
Former Officials
- Former Associate North Carolina Supreme Court Justice Robert H. Edmunds Jr.
Political Parties
Organizations
Arguments
Opposition
Opponents
Officials
- Former Kansas Supreme Court Justice Carol Beier (Nonpartisan)
Unions
Organizations
- ACLU of Kansas
- Kansas Appleseed Center for Law and Justice
- Kansas Association of School Boards
- Kansas Bar Association
- Kansas Women Attorneys Association
- Loud Light Civic Action
- Planned Parenthood Great Plains Votes
Arguments
Campaign finance
Ballotpedia has not identified any committees registered to support or oppose the measure.[6]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Kansas Supreme Court
- See also: Kansas Supreme Court
Founded in 1861, the Kansas Supreme Court is the state's court of last resort and has seven judgeships. Kansas uses the assisted appointment method of judicial selection for the Kansas Supreme Court. Using this method, the governor appoints state judges from a list of names submitted by the Kansas Supreme Court Nominating Commission. As of 2025, five judges on the court were appointed by a Democratic governor, and two judges were appointed by a Republican governor.
To serve on this court, a judge must:[7]
- have at least 10 years of active and continuous law practice in the state;
- be at least 30 years old; and
- be no older than 75. If a sitting judge turns 75 while on the bench, he or she may serve out the term.
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention.[8]
Kansas Supreme Court Nominating Commission
The Kansas Supreme Court Nominating Commission is an independent state commission in Kansas established by the Kansas Constitution that plays a role in the state's judicial selection process. The commission has nine members, selected by both the governor and the Kansas Bar Association. Two members are appointed from each of the state's congressional districts — one non-lawyer appointed by the governor and one lawyer appointed by the district's lawyers. The chair is the ninth member and is appointed by the state Bar association.[9]
The commission is a Bar-controlled commission, which means that there is a majority of members chosen by the state Bar association.
Members of the commission serve staggered four-year terms. Members are limited to two terms. The commission meets only when there is a vacancy on the Kansas Supreme Court.
The nominating commission was adopted in 1958 with the approval of Question 1 by a margin of 59.99% to 40.01%. Prior to the commission, state Supreme Court justices were selected by partisan elections.
Supreme Court justice selection by state
- See also: State supreme courts
The selection of state Supreme Court justices varies by state. Nonpartisan elections for Supreme Court justices are held in 13 states, and partisan elections for Supreme Court justices are held in eight states. Five states use gubernatorial appointment, two states provide for legislative election of justices, and the remaining 21 states use an appointment method, except for Michigan, which uses a process that combines nonpartisan general elections preceded by a partisan candidate selection process.
The map below highlights selection methods in state supreme courts across the country.
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Kansas State Legislature, "SCR 1611," accessed February 21, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Kansas State Legislature, "SCR 1611 Text," accessed March 7, 2025
- ↑ 3.0 3.1 Kansas State Legislature, "SCR 1611 testimony," accessed March 28, 2025
- ↑ ACLU of Kansas, "'A blatant power grab' – ACLU of Kansas warns of Kobach-fueled attack on judicial branch," February 9, 2025
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ Kansas Governmental Ethics Commission, "View Submitted Forms & Reports," accessed March 27, 2025
- ↑ Supreme Court Nominating Commission, "Filling a Supreme Court vacancy," Aug. 6, 2020
- ↑ Kansas Judicial Branch, "Kansas Supreme Court," accessed June 21, 2021
- ↑ Kansas Judicial Branch, "Supreme Court Nominating Commission," accessed October 15, 2021
- ↑ Kansas Office of Revisor of Statutes, "25-106. Hours of voting; change of hours, how made; rules and regulations," accessed November 4, 2024
- ↑ State of Kansas Secretary of State, “Frequently Asked Questions” accessed July 25, 2024
- ↑ Kansas Office of the Secretary of State, "Kansas Voter Registration Instructions," accessed July 25, 2024
- ↑ Kansas Secretary of State, "Kansas Voter Registration Application," accessed November 1, 2024
- ↑ United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
- ↑ The Topeka Capital-Journal, "Kobach's office tells counties to stop asking for proof of citizenship," June 20, 2018
- ↑ AP News, "Kansas hopes to resurrect proof-of-citizenship voting law," March 18, 2019
- ↑ United States Court of Appeals for the Tenth Circuit, "Fish v. Schwab: Opinion and Order," April 29, 2020
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 19.0 19.1 19.2 19.3 Kansas Secretary of State, "Elections - FAQ," accessed July 25, 2024
