Senate committee advances resolution to elect Kansas Supreme Court justices statewide

The Senate Federal and State Affairs Committee voted to pass Senate Concurrent Resolution SER 16 11 favorably as amended, a proposal to amend Article 3 of the Kansas Constitution to require statewide election of Kansas Supreme Court justices, committee discussion shows.

Committee staff summarized the resolution’s provisions: it would add a requirement that the citizens of Kansas elect justices to the Supreme Court in statewide elections, set staggered elections in November 2028, 2030 and 2032 in the base language, provide elected six-year terms for justices and abolish the Supreme Court Nominating Commission that has been in place since the 1960s. The staff also said the resolution would amend related constitutional provisions to allow justices to participate in partisan organizations and to remove references to the nominating commission.

Senators debated several technical and policy points. The committee adopted a drafting amendment (described in committee as a “balloon”) that removed the phrase “have the right to” from a sentence describing the citizens’ right to elect justices and adjusted the ballot timing language so that the question would go to voters at a special election held in conjunction with the August primary on Aug. 4, 2026, as the committee later confirmed.

Senator Francisco asked to preserve an option to vote separately on the timing question and raised concerns about the explanatory statement language describing the existing system; the committee discussed whether the phrase “merit selection” is statutory language and whether adding descriptive language would be appropriate. Senator Tyson commented that he preferred the August timing compromise: “I was concerned about the November 26. I think the August 26 is a good compromise,” he said during discussion.

Staff and senators also discussed practical matters. The committee asked the secretary of state’s office for an updated fiscal note to identify any costs associated with special-election logistics, separate ballots or administrative work. Committee members noted that independents can vote on constitutional amendments when the question is placed on a primary ballot, and senators asked staff and revisers to confirm statutory and constitutional conformity for the proposed language.

After debate, Senator Thomas moved that the committee pass SER 16 11 favorably as amended; Senator Blue seconded the motion. The committee voice vote was recorded as carrying; the transcript records the motion, the second and that the motion “carries.” The committee then closed consideration of the resolution and moved on to other business in its agenda.

The resolution, as drafted and amended in committee, would send a proposed constitutional amendment to the Legislature’s next steps for enactment and (if passed by both chambers) placement on the ballot in a future general election per the constitution’s amendment process. The committee asked for follow-up fiscal information from the secretary of state’s office before final legislative action and recorded several members’ requests to treat ballot timing and explanatory language carefully as the measure proceeds.