Kansas voters will decide whether to elect state Supreme Court justices instead of having the governor appoint them, a move driven by conservatives seeking to reshape the court's stance on key issues.
Washington DC, United States Aug 3, 2026 ALN: TOPEKA, Kan. — Kansas voters will decide Tuesday whether to elect state Supreme Court justices rather than have the governor appoint them, a push from conservatives who have chafed for years over court decisions they disagreed with on issues such as abortion, school funding, and the death penalty. The proposed constitutional amendment represents a significant shift in the way judicial authority is exercised in the state, reflecting broader national trends regarding judicial independence and accountability.
If the constitutional amendment passes, supporters hope to elect at least four conservative, anti-abortion justices to the seven-member court by 2033. The potential for a more conservative court has raised alarms among various advocacy groups, particularly those focused on reproductive rights and education funding. This proposed change is not occurring in isolation; rather, it is part of a nationwide movement, particularly among conservative groups, to reshape judicial systems to align more closely with their ideological perspectives.
Kansas is considering the change amid concerns that increasingly contentious and expensive judicial elections in other states are making their courts more partisan and less independent. Spending in a single state Supreme Court race in Wisconsin last year topped $100 million, showcasing the financial stakes involved in judicial elections. Critics argue that such high expenditures can lead to a situation where judges may feel beholden to their financial backers, thus undermining the impartiality that is essential to the judicial system.
Kansas Gov. Laura Kelly, a term-limited Democrat who opposes the measure, voiced concerns about the implications of intertwining the judicial branch with a politically charged legislative environment. She stated that gerrymandering and dark money have put the Legislature out of step with the state and emphasized that “to think you can make the judicial branch a part of that dysfunctional system is frightening.” This sentiment highlights a growing apprehension among some voters and officials about the integrity of the judicial system if it becomes subject to the same political pressures and influences that affect the legislative branch.
GOP lawmakers cite multiple rulings by Kansas courts over the past two decades as reasons for change. The discontent among conservative lawmakers has been fueled by decisions that they perceive as overreach by the judiciary. Most recently, a district court judge reinstated a three-day grace period for voters to return mail ballots after Election Day, which GOP lawmakers had eliminated. Kansas Senate President Ty Masterson, seeking the Republican nomination for governor, called the decision “outrageous” and urged people to vote yes on the ballot question. This particular ruling has underscored the tensions between the legislative intent and judicial interpretation, a recurring theme in the current political landscape.
The same judge — a finalist to fill the most recent Supreme Court vacancy — blocked enforcement of a 2025 law banning gender-affirming care for transgender minors. Masterson described him as “radical,” reflecting a broader conservative narrative that characterizes certain judicial decisions as being out of touch with the values of the state’s electorate. The list of rulings Republicans criticize also includes decisions regarding education funding dating back to 2004, where Supreme Court decisions have compelled lawmakers to increase funding to comply with constitutional mandates. This has led to accusations that the judiciary is overstepping its bounds and infringing upon legislative authority.
“If we elect our Supreme Court, they won’t force you to spend money on schools,” Masterson said in remarks in November to a conservative group, the Marion County Patriots for Liberty, as reported by the Marion County Record. This statement encapsulates a broader argument among conservatives that judicial elections could lead to a more fiscally conservative approach to education funding, though critics argue that it could also lead to a deterioration in the quality of education if funding is curtailed.
Electing state Supreme Court justices gained currency among Republicans after a 2022 public vote affirmed the high court’s landmark 2019 decision that Kansas’ bill of rights guarantees bodily autonomy and access to abortion. The decision not only underscored the court’s role in protecting individual rights but also galvanized conservative efforts to reshape the judiciary. Total spending by both sides has exceeded $12 million, illustrating the high stakes involved in the battle over reproductive rights in the state.
Legislators who worked to overturn the Supreme Court’s protections, including Masterson, helped write this year’s proposal. The push for this amendment is seen by many as a direct response to the court’s rulings on abortion and other contentious social issues. “Kansans can bring an end to this reign of abortion by voting ‘yes,’” Troy Newman, president of Operation Rescue, stated in an editorial written by a staffer on the anti-abortion group’s website. This highlights the extent to which the abortion debate has become intertwined with judicial appointments and elections.
Meanwhile, the national and state affiliates for abortion provider Planned Parenthood contributed another $1.6 million toward the vote-no campaign’s $8 million-plus in spending. This financial commitment illustrates the significant resources that both sides are willing to invest in influencing public opinion and shaping the future of judicial appointments in Kansas. Activists on both sides are mobilizing their bases, with individuals like Jamie Swan, an engineer and college teaching assistant who knocked on doors for abortion rights in 2022, now working to halt the proposal. “I really believe that this is just a power grab,” she said, reflecting a common sentiment among those who oppose the amendment.
Backers of the Kansas proposal brush aside arguments that electing the justices will give wealthy donors control over the Supreme Court. Proponents argue that a more democratic process for selecting justices would enhance accountability and responsiveness to the electorate. “Globally and over history, even in its imperfection, the best system is democracy,” said Elizabeth Patton, state director of the low-tax, small-government group Americans for Prosperity, which has spent $935,000 to promote the vote-yes campaign. This perspective emphasizes a belief in the principle of popular sovereignty, where the electorate should have a direct say in the composition of their judicial system.
Twenty-two states elect their top court’s judges, with eight doing so in partisan races, while governors in 26 states appoint them. In South Carolina and Virginia, legislators pick the justices, showcasing the variety of methods used across the country to select judicial officials. Kansas elected justices for nearly 100 years before voters amended the state constitution in 1958. Currently, the governor picks one of three finalists named by a nominating commission controlled by attorneys, which means that legislators have no role in appointments. This structure was designed to insulate the judiciary from political pressures, but critics argue that it has led to a lack of accountability.
A review of every state’s current and past constitutions shows that the last state to add an amendment like the one Kansas is contemplating was Mississippi in 1914. Since then, 18 states’ amendments have gone in the opposite direction, opting to enhance judicial independence rather than subject judges to electoral pressures. Voters weigh in every six years on whether a justice remains on the bench through a yes-or-no ballot question, but they’ve never booted a sitting justice. Conservatives assert that this lack of accountability means justices face no consequences for what they view as errant decisions.
Retirements and deaths have allowed the term-limited Kelly to appoint four of the current justices. Recently, she picked a district court judge who blocked enforcement of longstanding abortion restrictions in 2023, a move that has drawn fire from conservatives who view it as an example of judicial activism. “We don’t have a good way to fight back,” said state Sen. Mike Thompson, a conservative Kansas City-area Republican, who backs the measure. This encapsulates the frustrations felt by many conservatives in the state, who see the proposed amendment as a necessary step to reclaim judicial authority and ensure that the courts reflect the values of the electorate.
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