Kansas voters will decide whether to directly elect justices to the state's highest court in a new ballot referendum.
Kansas voters will decide on a ballot referendum Tuesday to amend the state constitution, allowing for the direct election of justices to the state's highest court. This move, led by a Republican supermajority in the legislature, aims to shift the power of judicial selection from a nominating commission to the people. Kris Kobach, the Kansas Attorney General, supports the amendment, arguing that judicial decisions are inherently political and should be decided by the public rather than behind closed doors. Conversely, Democratic Governor Laura Kelly expressed concern that the change is a political maneuver by Republicans to ensure the court aligns with their specific policy priorities. The measure has drawn significant investment from both sides, with over $12 million spent on the campaign. If passed, the referendum could spark a nationwide trend of politicizing state courts, similar to moves made in Ohio and Wisconsin. The current system, known as the Missouri Plan, has been used for nearly 70 years, and Republicans seek to replace it to address rulings on school funding, the death penalty, and abortion that they deemed incorrect.