The Kansas Elections for Supreme Court Justices Amendment is a legislatively referred constitutional amendment that will appear on the ballot of the U.S. state of Kansas on August 4, 2026.[1]

Background

Justices on the Kansas Supreme Court are currently appointed by the Governor of Kansas through recommendations by the Kansas Supreme Court Nominating Commission.[2] The amendment would create partisan elections and six-year terms for justices, to be voted on statewide.[3] It has been criticized for the impact it will have on the impartiality of justices elected to the court.[4] It passed the legislature with the support of Republicans.[5]

Justices in Kansas were elected until the 1950s when then-governor Fred Hall enacted the notorious "Triple Play" scheme. [6] When Hall lost a primary election for a second term, he and then Kansas Supreme Court Chief Justice William Smith—along with Hall's lieutenant governor, John McCuish — concocted a plan. Smith resigned from the bench. Then Hall resigned from the governorship 11 days before leaving office. McCuish then appointed Hall to the bench.[7] Nothing was inherently illegal, but by an overwhelming margin, Kansans voted to amend the Kansas Constitution to move away from elections to a merit-based system of appointments by a bi-partisan commission.[8]

The election on August 4th will have two options. "Yes" and "No." A "YES" vote would overhaul the state constitution by essentially letting billionaires influence who sits on the Supreme Court. It would turn judges into politicians who have to campaign, and are beholden to their donors.[9] A "NO" vote would maintain the merit-based, impartial system that is currently in use that has thus far selected fair and qualified justices.[9]

Anti-amendment mailer from Planned Parenthood

As it stands, the court has currently ruled against both Republican and Democratic governors.[10]

Endorsements

Yes
Statewide officials
State legislators
Organizations
Political parties
No
Statewide officials
Labor unions
Organizations

References

  1. "Plan to elect Kansas Supreme Court justices scrutinized by critics, including court's former chief". Kansas Reflector. 18 March 2025. Retrieved 16 April 2025.
  2. "Voters would elect Kansas Supreme Court justices under proposed change". Kansas Reflector. 6 March 2025. Retrieved 16 April 2025.
  3. "Kansas Voters Will Decide Whether to Hold Open Elections for State Supreme Court". The New York Times. 19 March 2025. Retrieved 16 April 2025.
  4. "Voters will decide how to pick Kansas Supreme Court justices. But how many will cast a ballot?". KCUR 89.3. 20 March 2025. Retrieved 16 April 2025.
  5. Mesa, Blaise (2 July 2025). "Republicans redouble push to change Kansas Supreme Court selection process". The Beacon. Retrieved 6 July 2025.
  6. "TV, The Triple Play, and the Man from Dodge - Kansas Story - Humanities Kansas". www.humanitieskansas.org. Retrieved 2026-06-17.
  7. "TV, The Triple Play, and the Man from Dodge - Kansas Story - Humanities Kansas". www.humanitieskansas.org. Retrieved 2026-06-17.
  8. Boblitt, Zach (2026-06-16). "How could electing the Kansas Supreme Court affect issues like abortion and school funding?". Kansas Public Radio. Retrieved 2026-06-17.
  9. 1 2 "Home". Kansas Court Facts. Retrieved 2026-06-17.
  10. "Home". Kansas Court Facts. Retrieved 2026-06-17.
  11. 1 2 3 4 5 6 7 8 9 10 11 12 13 "Kansas Elections for Supreme Court Justices Amendment (August 2026)". Ballotpedia.
  12. Matejkowski, Alina (April 3, 2025). "Let's Talk About the Judicial Selection Amendment". ACLU Kansas. Retrieved 21 September 2025.