Kansas Voters Will Decide Whether to Hold Open Elections for State Supreme Court

The Kansas Supreme Court, made up mostly of jurists appointed by Democrats, has long served as a check on the Republican-dominated Legislature.

The justices have established a statewide right to abortion. They have told Republican leaders that they were not spending enough on schools. And they have weathered repeated attempts to tip the court’s balance of power toward conservatives.

But the high court, which is officially nonpartisan, could soon face major changes. Lawmakers decided on Wednesday to place a question on the primary ballot in August 2026 that would ask voters to amend the Kansas Constitution to set open elections for the court. If voters approve the change, justices would become free to campaign and hold leadership positions in political parties.

The move, which follows efforts in other states to elect justices, would give Kansas Republicans a clearer path toward a conservative majority on the court and the possibility of revisiting issues like abortion. Conservative lawmakers said making the change would return power to voters.

“It comes down to one thing: Do you trust the people of Kansas to select the seven people who run the third branch of our government and who have an enormous say over our government and how it’s run?” asked State Representative Bob Lewis, a Republican from western Kansas who supported placing the amendment on the ballot.

Democrats criticized the effort to hold open elections, saying it would empower wealthy campaign donors and politicize the judiciary. They pointed to polarizing elections in places like North Carolina, where the results of a 2024 State Supreme Court election are still being disputed, and Wisconsin, where tens of millions of dollars have been spent ahead of a State Supreme Court election next month.