By: NICOLAS FIERRO
Salina Post
This August, a Kansas Constitutional Amendment regarding the change of how Supreme Court Justices are selected, is set to be placed on ballots across the state.
According to Jay Vanier (running for the 71st District State Representative) and Jim DuBois (former Saline County Treasurer), in the August 4 primary election ballots, there will be a state constitutional amendment for the public to vote, if they would want a change in the appointments of the Kansas Supreme Court justices.
Senate Concurrent Resolution 1611 (SCR), states: "Proposing a constitutional amendment to provide for direct election of supreme court justices and abolish the supreme court nominating commission."
The amendment, if approved by voters, would abolish the current method of appointing justices to the Kansas Supreme Court and replace it with direct election.
Summary of the amendment
Section 5 of Article 3 of the Kansas Constitution currently lists that Kansas Supreme Court justices are nominated by the Supreme Court Nominating Commission consisting of nine members, including one lawyer and one non-lawyer from each of the state’s four congressional districts, plus one lawyer who serves as the chairperson.
In the event of a vacancy on the Supreme Court, the Commission is required to submit the names of three qualified persons to the Governor, who makes the appointment.
Current law also provides for the Chief Justice of the Supreme Court to make the appointment in the event the Governor fails to do so within 60 days of the submission of nominees and for justices to be subject to retention elections after their first year in office and every 6 years thereafter.
If the majority of votes are in favor for the amendment during the primary election, it would then establish it into the Kansas Constitution.
This would then make Justice Positions 1, 2, and 3 be elected by voters at the general election in November 2028. Positions 4 and 5 would be elected at the general election in November 2030; and Positions 6 and 7 would be elected at the general election in November 2032, and every six years afterwards.
Vacancies for unexpired terms would be filled by election as provided by law.
A vote against this proposition would continue the current system in place.
The full resolution language on the ballots for August 4, 2026
Explanatory statement. This amendment gives the voters the right to elect the justices of the Kansas Supreme Court. The justices shall serve terms of six years, with the elections of justice positions 1, 2, and 3 to occur in 2028, positions 4 and 5 to occur in 2030, and positions 6 and 7 to occur in 2032, and every six years thereafter. The rules applicable for such elections and the designation of position numbers shall be provided by law. Any vacancy on the court for an unexpired term shall be filled at an election as provided by law.
A vote for this proposition would give Kansas citizens the right to elect Kansas Supreme Court justices as provided by law. Justices will hold office for terms of six years. The Kansas Supreme Court Nominating Commission, whose membership consists of a majority of lawyers, would be abolished.
A vote against this proposition would continue the current system in which the Kansas Supreme Court Nominating Commission, whose membership consists of a majority of lawyers, provides the governor a list of three individuals to choose from for vacancies on the Kansas Supreme Court. Justices hold office for a term of six years and retain their offices if they win a retention election in which they do not face an opponent.
Click here to view the full summary of the resolution.
DuBois stated there are over 30 states that currently have some form of elections for their Supreme Court Justices.
"It is going to be interesting if other states start to move in this direction," said DuBois.
He also added that judges would then have to campaign across the state, if this amendment is added into the Kansas Constitution.
Vanier stated he would like to start seeing a partisan judgeship in Kansas that reflect the values of the state.
"Personally, I like partisan judgeship in Kansas. We want all people to reflect all our values in the state," Vanier said.
Free event in Salina discussing the amendment
Vanier and DuBois said there will be a free event in Salina for people to attend, if they would like to learn more about the amendment.
This event will be on Saturday, April 18 at Hilton Garden Inn (3320 S 9th St.) from 12:00 pm - 2:00 pm.
Americans for Prosperity of Kansas (AFP) is sponsoring the event and will be hosted by various local organizations such as the Saline County GOP, Saline County Republican Women and the Central Kansas Conservative Speakers PAC.
RSVP is required and lunch will be provided as well.
To RSVP contact Michael Jacobson at: (785) 250-5395