Only YOU Can Prevent Billionaires from Buying Kansas Judges

It sounds democratic, but in practice judicial elections undermine democracy. When judges must raise millions of dollars to run statewide campaigns, they become beholden to their biggest donors — not to voters. Studies consistently show that elected judges rule more favorably for their campaign contributors. True judicial independence means judges follow the law and the Constitution, not the wishes of whoever funded their campaign. Kansas's current system actually gives voters more meaningful accountability: any sitting justice can be removed through a nonpartisan retention vote at the end of their term.

Kansas uses a merit selection process established in 1958. When a vacancy occurs, the Kansas Supreme Court Nominating Commission — made up of lawyers and non-lawyers from across the state — reviews applications, interviews candidates, and sends the governor a list of the most qualified nominees. The governor must choose from that list. The appointed justice then serves a term and faces a nonpartisan retention vote, where Kansans simply decide yes or no: should this justice continue serving? This process prioritizes legal knowledge, judicial temperament, and integrity over the ability to fundraise.

Yes. Over 67 years, the merit selection process has produced a Supreme Court that Kansans across the political spectrum have widely respected for its independence and competence. The court has made landmark rulings enforcing the Kansas Constitution's requirement to adequately fund public education and recognizing Kansans' constitutional right to make their own reproductive health decisions. These rulings were based on the Kansas Constitution — not politics.

The track record is alarming. In states with contested judicial elections, outside groups — including billionaires, corporations, and ideological advocacy organizations — have spent tens of millions of dollars to elect judges sympathetic to their interests. In West Virginia, a coal company CEO spent $3 million to elect a state Supreme Court justice who then cast the deciding vote in a $50 million case involving that same company. In Texas and Ohio, judicial campaigns have been flooded with dark money from out-of-state interests. Kansas would face the same pressures, and given our court's rulings on education funding and reproductive rights, national special interest groups are already watching closely.

The amendment was pushed through the Kansas legislature by Republican supermajorities, with strong backing from national conservative legal organizations and their donors. The timing is not coincidental: our current Supreme Court has ruled in ways that powerful interests dislike — particularly on education funding and reproductive rights. Replacing merit selection with elections is a strategy to remake the court with justices more favorable to those interests.

Yes, and that is almost certainly part of the plan. The Kansas Supreme Court's 2019 ruling in Hatcher v. State recognized that the Kansas Constitution protects the right to abortion. An elected court influenced by anti-abortion donors and organizations could reverse that ruling. This amendment is the first step in a coordinated effort — and later in 2026, Kansans will also vote on a constitutional amendment that would define rights as beginning at conception, a direct attempt to ban abortion. The stakes could not be higher.

Yes. The constitutional amendment vote is not a partisan primary question — it appears on the ballot for all registered Kansas voters regardless of party affiliation. However, you must be registered to vote before the deadline. Check your registration status and find your polling place at the Kansas Secretary of State's website.

This is exactly what the amendment's supporters are counting on. Primary elections typically have much lower turnout than general elections, which is why the legislature scheduled this vote for August rather than November. Your vote in this primary carries enormous weight precisely because fewer people show up. In 2022, Kansans stunned the nation by turning out in force for a primary election to defeat the "Value Them Both" abortion amendment. We can do it again.

Absolutely. Judicial independence is not a partisan issue — it's a foundational principle of the rule of law. Many conservatives and Republicans recognize that a judiciary that can be bought by the highest bidder is a threat to everyone's rights, regardless of party. The Kansas Bar Association, which represents attorneys across the political spectrum, opposes this amendment. A court that rules for whoever funds its members' campaigns is dangerous whether those funders are on the left or the right.

See the resources below, and check back on this site as we add more information about the other two constitutional amendments appearing on the November 2026 ballot — including the citizenship voting requirement and the "rights from conception" amendment.