Kansas Voters to Decide on Electing State Supreme Court Justices

Kansas voters are set to determine whether state Supreme Court justices should be elected rather than appointed by the governor. Conservative groups have pushed for this change due to disagreements with court rulings on issues like abortion, school funding, and the death penalty. This constitutional amendment, if approved, aims to secure a majority of conservative justices on the seven-member court by 2033.

Amid concerns about increasing partisanship and rising costs in judicial elections across other states, Kansas is considering this shift. For example, election spending in a Wisconsin Supreme Court race last year exceeded $100 million.

Kansas Governor Laura Kelly, who opposes the measure, argues that existing political influences have misaligned the legislature with state interests. This proposal, she believes, would incorporate the judicial branch into this problematic system.

Republican Concerns and Past Rulings

Kansas Republicans cite various court decisions over the last two decades as reasons for this change. Most recently, a district court judge reinstated a three-day grace period for mail-in ballots, countering a legislative removal of this provision. Additionally, a law banning gender-affirming care for transgender minors was blocked, drawing criticism from GOP lawmakers.

Rulings on education funding have also sparked Republican ire. Kansas courts since 2004 have mandated increased school funding to align with constitutional requirements. Kansas Senate President Ty Masterson has voiced concerns about court-mandated spending decisions, advocating for electoral selection of justices to prevent similar outcomes.

Abortion as a Central Issue

The push for electing justices intensified among Republicans following a 2022 public vote upholding a Kansas Supreme Court decision affirming abortion rights under the state constitution. The vote attracted significant spending from both sides, reflecting deep divisions on the issue.

The campaign supporting the amendment has received substantial financial backing, including from a Nashville-based nonprofit supporting Republican initiatives. Groups like Kansans for Life have actively campaigned in favor of the amendment.

Conversely, abortion rights groups, like Planned Parenthood, have heavily funded the opposition campaign.

Electoral System Debate

Proponents counter concerns about wealthy donors influencing the court under an electoral system, emphasizing democracy’s advantages despite its imperfections. Some note that 22 states elect Supreme Court justices, with appointment systems in 26 states.

Kansas nominated justices for nearly a century before a 1958 constitutional amendment established the current appointment system, where a nominating commission selects candidates. Legislators have no role in this process, and sitting justices face retention votes without having been removed.

Conservatives argue this setup shields justices from the consequences of unpopular decisions, citing recent appointments by Governor Kelly as examples. They urge the electorate to support the amendment as a means of restoring accountability.