Kansas voters will decide Tuesday whether to shift away from gubernatorial appointments and instead elect state Supreme Court justices, according to Apnews reports. The proposed constitutional amendment represents a push from conservatives who have expressed disagreement with court decisions spanning issues such as abortion, school funding and the death penalty. If the measure passes, supporters hope to elect at least four conservative, anti-abortion justices to the seven-member court by 2033.
Kansas Voters to Decide Constitutional Amendment on Supreme Court Elections
Republicans Cite Decades of Contentious Rulings and Recent Court Decisions
Republican lawmakers have pointed to multiple rulings by Kansas courts over the past two decades as reasons for change. Kansas Senate President Ty Masterson, who is seeking the Republican nomination for governor, criticized a recent decision by a district court judge who reinstated a three-day grace period for voters to return mail ballots after Election Day after GOP lawmakers had eliminated it. Masterson called the decision “outrageous” and urged citizens to vote yes on the ballot question. The same judge, who was a finalist to fill the most recent Supreme Court vacancy, also blocked enforcement of a 2025 law banning gender-affirming care for transgender minors, prompting Masterson to describe him as “radical”.
Discussions regarding judicial elections gained momentum among Republicans following a 2022 public vote affirming a 2019 high court decision establishing that the Kansas bill of rights guarantees bodily autonomy and access to abortion. Legislators who worked to overturn those protections, including Masterson, helped write the current proposal. Masterson also remarked to a conservative group that electing the Supreme Court would prevent the judiciary from forcing the state to spend money on schools, referencing Supreme Court funding decisions dating back to 2004.
High Campaign Spending and Divergent Viewpoints From State Leaders
The ballot measure has triggered heavy financial backing from both sides, with total spending exceeding $12 million. A Nashville-based nonprofit supporting Republican candidates, groups, and causes provided $1.7 million toward the campaign’s $3.7 million in spending, while Kansans for Life spent at least $87,000 over 11 days on mailers and texts. Troy Newman, president of Operation Rescue, stated in an anti-abortion group editorial that Kansans can bring an end to this reign of abortion by voting ‘yes.’
On the opposing side, national and state affiliates of Planned Parenthood contributed $1.6 million toward a vote-no campaign with more than $8 million in spending. Jamie Swan, an engineer and college teaching assistant who opposed the effort, characterized the proposal as just a power grab.
Kansas Gov. Laura Kelly, a term-limited Democrat who opposes the measure, argued that gerrymandering and dark money have placed the Legislature out of step with the state.
Historical Context of Judicial Selection in Kansas
Proponents of the amendment, including Americans for Prosperity state director Elizabeth Patton, argue that Globally and over history, even in its imperfection, the best system is democracy.
Currently, 22 states elect their top court judges—eight in partisan races—while governors appoint them in 26 states and legislators pick them in South Carolina and Virginia.
Kansas previously elected justices for nearly 100 years before voters amended the state constitution in 1958. Under the current system, the governor selects one of three finalists named by an attorney-controlled nominating commission, with no role for legislators. According to a review of state constitutions, the last state to add an amendment altering its system toward judicial elections was Mississippi in 1914, while 18 states went the opposite direction in the time since.
