Kansas voters will head to the polls on Aug. 4 for the state’s primary and are set to also decide on a constitutional amendment that would provide for the election of the Kansas Supreme Court. Currently, the seven justices are selected through assisted appointment and must stand for retention at the next even-year general election following their appointment and every six years thereafter. Under the current system, a nine-member nominating commission recommends candidates to the governor. Five commission members are attorneys elected by members of the bar, while four are nonattorneys appointed by the governor.
The amendment would abolish the existing Kansas Supreme Court Nominating Commission and provide for staggered direct elections of the justices. It also would authorize the state legislature to develop rules regarding the elections, including whether the elections would be partisan or nonpartisan. Justices' terms would remain the same at six years, and vacancies would be filled by election as provided for by law.
The amendment would also repeal a provision prohibiting justices from directly or indirectly making contributions to, holding any office in a political party or organization, or taking part in political campaigns. This prohibition would still apply to lower court judges holding office under a nonpartisan method, except when such a judge is seeking election to a position on an appellate court.
