Kansas voters have rejected an amendment to the state constitution that would have moved to electing justices for the state Supreme Court, according to a call by the Associated Press.
The vote comes after opponents of the measure argued it would lead to campaign donations and politics warping the court, with possible impacts on abortion rights and school funding.
Emily Wales, president and CEO of Planned Parenthood Great Plains Votes, hailed the decision.
“We believed Kansans four years ago when they voted overwhelmingly to protect abortion rights in the state constitution,” she said. “Perhaps now the legislature will believe them, too.”
Advocates for school funding, including a large state teacher’s union, also celebrated Tuesday.
“I’m incredibly proud of the educators who mobilized in communities across our state to defend our schools, our rights, and our Constitution,” said Sherri Schwanz, president of the Kansas National Education Association.
The amendment would have replaced the current process with direct statewide elections for Kansas Supreme Court justices.
Under the existing system, a nine-member nominating commission screens applicants and sends three finalists to the governor, who appoints one. Justices later face retention elections.
Abortion access and school funding rulings have angered conservative Republicans who supported the amendment. Critics of the amendment said this was an effort to overturn past rulings that cemented abortion access and increased school spending.
Former Kansas Supreme Court Chief Justice Lawton Nuss warned before the election that judicial candidates could become beholden to political donors instead of remaining independent from partisan influence.
“They expect something from their investment,” Nuss said. “That compromises the integrity of the court.”
Supporters of the change argued it gives Kansans a direct voice in choosing the state’s highest judges. Conservatives have long criticized the nominating commission, saying attorneys have too much influence over who serves on the court and that voters should decide who interprets the Kansas Constitution.
Republican Kansas Attorney General Kris Kobach was among the amendment’s most outspoken supporters. He has criticized the Kansas Supreme Court’s 2019 decision finding the state constitution protects abortion rights, arguing the court created rights not explicitly found in the constitution.
Speaking in Wichita after the amendment failed, he did not directly address the vote.
“As you know, in our Kansas state courts, it has been an uphill battle on just about everything,” Kobach told a crowd. “So it is not an easy job, but it is a battle that I love to fight.”
Kansans for Life — a powerful anti-abortion advocacy group — declined to comment on the amendment until the day of the election.
