Kansas voters have rejected a proposed constitutional amendment that would have allowed for the direct election of state Supreme Court justices, according to projections from The Associated Press. Currently, the governor of Kansas, Laura Kelly, a Democrat, has the authority to appoint justices from a list provided by a nonpartisan commission. The amendment, which was referred to the ballot by the Republican-controlled Legislature, aimed to replace this system with elections resembling partisan races.
The proposal followed recent rulings by the Kansas Supreme Court that were seen as setbacks for conservatives, including a 2019 decision affirming the right to an abortion. Voters upheld this decision in a subsequent vote after the U.S. Supreme Court overturned Roe v. Wade.
The campaign for the ballot measure saw over $12 million in spending, with opponents outspending supporters by more than two-to-one. Opponents argued that voters already have a voice in the selection of justices through retention votes held after their appointment. They emphasized the importance of maintaining a separation between the judicial process and electoral politics to prevent partisan influences, citing examples from other states where judicial elections have become heavily politicized.
Supporters of the measure contended that voters should have greater input in the judicial selection process, noting that 21 states currently allow for the direct election of Supreme Court justices. They criticized the existing commission system as being opaque and controlled by elites.
Despite the lack of explicit mention of abortion rights in campaign ads, Democratic operatives suggested that the measure was motivated by the desire to influence judicial decisions on such issues. They also pointed out that the timing of the ballot measure's placement in the August primary was strategic, aimed at benefiting from lower voter turnout compared to the November general election.