A “Yes” Vote: would completely overhaul the Kansas Supreme Court. The amendment would empower billionaire political donors to influence who sits on our Supreme Court, turning impartial justices into politicians for sale.
A “No” Vote: would maintain the impartial, merit-based system that Kansas has used for generations to select qualified, fair justices who rule based on the constitution.
[Vote no to] keep politics and money out of Kansas Supreme Court justice picks
“Unlike some other states, Kansas selects its justices through a nonpartisan, merit-based system. It’s a process designed to elevate the most qualified candidates — not the most connected or best funded — and to keep politics and special interests out of our courts.”
“Kansas consistently gets some of the best and brightest legal minds on our state Supreme Court, because we don’t elect justices through partisan campaigns. Instead, a diverse nominating commission, with representatives from every part of the state, evaluates candidates based on merit and recommends finalists to the governor. That process, established by Kansas voters nearly 70 years ago, ensures that politics and money do not dictate who sits on our highest court.”
"Under the current system, justices are subject to retention elections which “give the people a direct say, without putting justices in the position of fundraising or promising specific outcomes in the cases they must decide.”
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“The only reason a change to our state constitution is being sought is because the Kansas Supreme Court issued opinions that conflict with the court of public opinion — or the opinion of lawmakers in Topeka.”
But “a judge must not be influenced by popular opinion. A judge must not be beholden to a political party or a financial campaign contributor.”
Justices justly defend merit selection to high court
Kris Kobach vowed to ‘slowly and quietly’ gut Kansans’ abortion rights [with Amendment]. Don’t let him [by voting no]”
“Kobach wants yet another constitutional amendment, asking voters whether our state Supreme Court justices should be directly elected. The sole purpose, according to Kobach himself, is to clear a path to ‘slowly and quietly’ place anti-abortion-rights justices on the state’s highest court.”
In battle against abortion rights, Kansas Supreme Court is the next target
“The sole purpose [of the proposed amendment] according to Kobach himself, is to clear a path to ‘slowly and quietly’ place anti-abortion judges on the state’s highest court, with the ultimate goal of overturning the Kansas Supreme Court’s 2019 Hodes decision — in which the court held that our state constitution includes the right to bodily autonomy.”
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The current, merit-based system has been called “a remarkably open, transparent process” by independent journalists.
This amendment was created by billionaire political donors. They are trying to completely overhaul the Kansas Supreme Court because they see a new way to gain influence.
These billionaires know that once they can bankroll the campaigns to get their preferred justices elected, they can control the rulings.
Kansas Attorney General Kris Kobach has said himself that he wants the courts to be a rubber stamp on their dangerous agenda – from banning abortion to decimating public school funding to jacking up prices without accountability.
This amendment would empower billionaire political donors, giving them significant influence over the bench and allowing them to use political spending and donations to get favorable rulings.
One example of what could happen is in Wisconsin. There, out-of-state billionaire political donors have spent tens of millions of dollars just in the past few years, trying to buy justices that will serve their interests.
Billionaire political donors are trying to sneak this amendment past Kansas voters by placing it on the low-turnout August 4th primary ballot. Kansas has seen this playbook before with the so-called “Value Them Both” anti-abortion amendment in 2022. Kansans showed up to defeat that amendment in record numbers. That’s why it’s important for Kansans to show up and make their voices heard on August 4.
Yes. Right now, justices on the Kansas Supreme Court are chosen through a merit-based process that is shielded from money and politics. Because of that, Kansas Supreme Court justices are fair, impartial, and rule based on the Kansas Constitution and in the best interests of Kansans, even when it hurts the powerful. The court has stood up to leaders in both parties, including Governor Brownback and Governor Kelly.
And Kansans have a vote under the current, merit-based system.
But now, this amendment threatens to bring big money and partisan politics into the courts.
Kansas’s current system includes constitutional experts, community members from each of the state’s four congressional districts, and voters. The current system ensures that Kansan voices from every corner of the state are represented.
Yes.
“After a justice's first full year in office, he or she must stand for a retention vote in the next general election to remain on the court. If a majority of votes are cast to retain the justice, he or she remains in office for a term of six years. Justices are subject to a similar retention vote every six years” (Kansas Courts).
As former Supreme Court Justice Carol Beier has said, “I know how important it is for justices to be continuously evaluated and held accountable by the people. The residents of Kansas retained me in four separate elections, and I was always mindful that our courts must remain accountable without becoming politicized. Our retention elections strike that balance: They give the people a direct say, without putting justices in the position of fundraising or promising specific outcomes in the cases they must decide” (KC Star).
Roughly 70% of Kansas voters actually approved of this system and put it into place. For generations, it has been fair and impartial, withstanding pressure from both political parties. It is a battle-tested system that takes into account all voices – from constitutional scholars to community members to voters themselves – to ensure the court is impartial.
Currently, potential justices undergo a rigorous application, screening, and selection process that evaluates their experience and integrity. If this amendment passes, anyone can run to be a supreme court justice.
If this amendment passes, it could undermine abortion rights and reproductive freedom in Kansas. “The sole purpose [of this amendment], according to Kansas Attorney General Kris Kobach… is to clear a path to ‘slowly and quietly’ place anti-abortion judges on the state’s highest court, with the ultimate goal of overturning the Kansas Supreme Court’s 2019 Hodes decision — in which the court held that our state constitution includes the right to bodily autonomy” (Kansas Reflector.)
If this amendment passes, billionaire political donors would have a rubber stamp for their agenda – that’s everything from banning abortion to decimating public school funding to jacking up prices without accountability.