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Constitutional Amendment Choose 1

“Explanatory statement. This amendment gives the voters the right to elect the justices of the Kansas supreme court. The justices shall serve terms of six years, with the elections of justice positions 1, 2 and 3 to occur in 2028, positions 4 and 5 to occur in 2030 and positions 6 and 7 to occur in 2032, and every six years thereafter. The rules applicable for such elections and the designation of position numbers shall be provided by law. Any vacancy on the court for an unexpired term shall be filled at an election as provided by law.“A vote for this proposition would give Kansas citizens the right to elect Kansas supreme court justices as provided by law. Justices will hold office for terms of six years. The Kansas supreme court nominating commission, whose membership consists of a majority of lawyers, would be abolished.“A vote against this proposition would continue the current system in which the Kansas supreme court nominating commission, whose membership consists of a majority of lawyers, provides the governor a list of three individuals to choose from for vacancies on the Kansas supreme court. Justices hold office for a term of six years and retain their offices if they win a retention election in which they do not face an opponent.Shall the following be adopted?Due to limitations in our tool, we cannot display part of the information on the ballot. The changes to sections of the constitution can be found here.LWV Kansas SummaryThis amendment requires the election of Kansas Supreme Court justices. It eliminates the nonpartisan, merit-based selection process for justices that has been in place since October 1958, when more than 65% of the voters chose it to select justices for our “court of last resort.” The amendment also, for the first time since the Kansas Constitution was ratified in 1861, would stop shielding justices from partisan politics.If you vote “YES”: This will immediately happen to Article 3 of the Kansas Constitution:Section 5. The text will be completely erased, and the Legislature’s italicized words will be substituted. The Supreme Court Nominating Commission will be eliminated. Each “position” is numbered (1,2, and 3; then 4 and 5; then 6 and 7) for staggered elections in even-numbered years, starting in November 2028. Sitting justices will have to run for re-election every six years. Section 8. The amendment will authorize justices to serve as political party officials, campaign for votes, and accept contributions without Constitutional limitation. Section 15. A reference to the nominating commission will be removed. If you vote “NO”: Article 3 will be left alone:Article 5. Supreme Court justices are appointed after the commission investigates and interviews candidates in public, recorded sessions. The commission sends three names to the governor, who is required to appoint one of the three. After one year, a new justice faces a retention vote in the next even-numbered general election. If retained, that justice faces another such retention vote every six years. Article 8. Justices (and some judges) are prohibited from engaging in political activity, including making or receiving direct or indirect political contributions, or holding office in a political party or organization, or taking part in any political campaign.Article 15. A justice may be retired, rather than face removal, if the nominating commission certifies to the governor that the justice is too incapacitated to continue to serve.

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Yes - For the Amendment (V)

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Amendment Information

This will immediately happen to Article 3 of the Kansas Constitution:

Section 5. The text will be completely erased, and the Legislature’s italicized words will be substituted. The Supreme Court Nominating Commission will be eliminated. Each “position” is numbered (1,2, and 3; then 4 and 5; then 6 and 7) for staggered elections in even-numbered years, starting in November 2028. Sitting justices will have to run for re-election every six years.

Section 8. The amendment will authorize justices to serve as political party officials, campaign for votes, and accept contributions without Constitutional limitation.

Section 15. A reference to the nominating commission will be removed.

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No - Against the Amendment (V)

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Amendment Information

Article 3 will be left alone:

Article 5. Supreme Court justices are appointed after the commission investigates and interviews candidates in public, recorded sessions. The commission sends three names to the governor, who is required to appoint one of the three. After one year, a new justice faces a retention vote in the next even-numbered general election. If retained, that justice faces another such retention vote every six years.    

Article 8. Justices (and some judges) are prohibited from engaging in political activity, including making or receiving direct or indirect political contributions, or holding office in a political party or organization, or taking part in any political campaign.

Article 15: A justice may be retired.