The Kansas House of Representatives has given approval to a proposed constitutional amendment that will allow voters to choose justices on the state supreme court.
The House approved the amendment with a vote of 84-40 after the Senate had given its approval, 27-13. The question will be placed on the August, 2026 ballot and if voters approve, they will be electing justices for six-year terms starting in 2028.
The state has used a merit-based selection process since 1958 with a nine-member nominating commission reviewing candidates and choosing three finalists to submit to the Governor.
House Speaker Dan Hawkins of Wichita released a statement from House leadership, saying “As we’ve traveled across Kansas listening to our communities, Kansans have told us they want to know more about who serves on Kansas’ highest court—a Supreme Court chosen by them, not handed down by an outdated, insider commission. SCR 1611 delivers just that, ending Kansas’ days as the only state with this system. This is the people’s victory, and we’re proud to stand with them as they reclaim their voice at the ballot box.”
The ACLU of Kansas and its executive director Micah Kubic released a statement in response to the passage of the amendment:
“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. We are confident that, just as they did in 2022, the people of Kansas will see this attack for what it is – and once again take action to defend their constitutional rights from the power grabs of extremist politicians in Topeka. 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. ”
