Opinion: Electing Kansas Supreme Court Justices Is a Bad Idea
The most consequential issue of the 2026 Kansas election cycle is on the August 4th primary ballot. The question proposes a constitutional amendment changing how Supreme Court justices are chosen. The change is from our current merit-based appointment system to selection by popular vote. The ballot explanatory language is inaccurate, misleading and prejudicial. The ballot author is trying to trick you. Don’t be fooled. Electing Supreme Court justices is a very bad idea.
In 1956–57 politicians used a bait and switch plan, “The Triple Play,” to fill a vacant Supreme Court seat and circumvent the popular vote. In 1958 voters approved an amendment to prevent further political deception and interference and the Kansas Supreme Court Nominating Commission was established. The Commission has nine members. There is one lawyer and one non-lawyer from each of our four congressional districts. The lawyers are selected by vote of Kansas bar members in their district. The non-lawyers are appointed by the governor. The chairperson lawyer is elected by a statewide vote of Kansas bar members. Using a published list of merit-based criteria the commission conducts interviews, deliberates and votes in open-to-the-public sessions that are also broadcast on YouTube. (See YouTube.com/@Kansasjudicialbranch — watch the 5/21/26 meeting.) The Commission vets the applicants, selects three and from these the governor appoints the Justice. This system works. Justices must stand for a retention election after their first year and every subsequent six years. No justice has ever failed a retention vote. We, the voters, have always approved, and thereby validated, the Commission merit-selected justices.
The purpose of the Kansas Supreme Court as a co-equal branch of government is to interpret and apply the law of Kansas, protecting our constitutional rights and providing checks on the other branches. In direct opposition to the current merit-based system, electing justices makes them politicians. Just like all politicians running for office, justices would make campaign promises — promises that would affect their decisions. More importantly, and unlike current prohibitions, they would be allowed to participate in party politics and would fund their campaigns from donors including political party money, wealthy donors, corporations and dark money PACs. There goes judicial independence!
All registered Kansas voters, including independents, are eligible to vote on this proposed amendment in the primary election August 4th. Make your plan to vote. The final day for voter registration is July 14th. Early voting begins July 20th.
Electing Supreme Court justices is a bad idea. On this amendment, VOTE NO!
— Randy Nichols, MD