Keeping Kansas Courts Fair and Impartial

Vote August 4, 2026

Protecting Kansas Courts

The Kansas Supreme Court has long been protected from partisan influence through a nationally respected merit-based selection system for Supreme Court justices. But that system is now under threat.

The current selection process is grounded in a merit-based system designed to ensure democratic representation, fairness, and judicial competence. Established after the 1956 “Triple Play” political scandal—when a Kansas Supreme Court seat was handed out as a political favor—the current system was overwhelmingly approved by Kansas voters.

Under this system, the Nominating Commission is geographically diverse, with members representing both rural and urban communities—from Bartlett, population 69, to Wichita, the state’s largest city. This trusted system for appointing justices, approved and created by a statewide vote of Kansans almost 70 years ago, is under attack by forces seeking to influence Kansas courts through dark money and politics.

In 2025, the Kansas Legislature voted in favor of a constitutional amendment to overhaul the process, potentially leading to partisan elections. Kansas voters will vote on this on August 4, 2026.

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Resources & Toolkits

Kansas Supreme Court: Power, Purpose & Impact

The Kansas Supreme Court selection process is grounded in a merit-based system designed to ensure democratic representation, fairness, and judicial competence. Established after the 1956 “Triple Play” political scandal—when a Kansas Supreme Court seat was handed out as a political favor—the current system was overwhelmingly approved by Kansas voters.

 

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From Scandal to Gavel: A Kansas Supreme Court Timeline

In the mid-1950s, Kansans still elected their Supreme Court justices in partisan statewide elections, a system that increasingly blurred the line between justice and politics. That tension exploded into full public view during what became known as the Triple Play scandal, one of the most notorious political schemes in Kansas history.

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Defending Our Founding Fathers' Vision

Proponents of the constitutional amendment argue that it advances direct democracy, a principle that has value in the legislative and executive branches. However, this argument overlooks both our Founding Fathers’ vision for an independent judiciary and the absence of any demonstrated problem with Kansas’s current merit-based system.

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For Kansans, By Kansans: Merit-Based Selection

Supreme Court vacancies are filled using a merit-based nomination process that Kansans voted to add to the Constitution in 1958. Members of the Supreme Court Nominating Commission serve four-year terms and are the main body that narrows the field of nominees for the governor to choose from.

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Fixing What Isn't Broken: Kansas Courts Under Attack

Our state’s judicial selection system was designed by Kansans to prevent political corruption, protect fairness, and maintain the nonpartisan independence of our highest court. Today, that trusted merit-based process is at risk of being replaced with a system driven by political campaigns, partisan pressure, and unprecedented outside spending—threats that would undermine the integrity of justice in our state.

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Research and Citations

We are a nonpartisan advocacy organization dedicated to creating a thriving, inclusive, and just future. We make our research available to the public so that like-minded organizations can utilize it and individuals can better understand our efforts. The following information encompasses all of our research on the constitutional amendment.

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In the News

Our work has been recognized and featured in various news outlets, highlighting the impact of our efforts statewide. Read the latest updates below.

A BRIEF HISTORY OF KANSAS COURTS

1861

The Kansas Constitution Is Established

The Kansas Constitution established the Kansas Supreme Court, with justices elected in partisan races and vacancies filled by gubernatorial appointment.

1957

Triple Play Scandal

The Kansas City Times dubbed the Triple Play Scandal “A Brazen, Raw Deal for Kansas Justice.” In response, the legislature passed a constitutional amendment establishing merit-based selection for justices.

1958

Merit-Based Selection

Voters passed the amendment with 60% voting in favor.

1992

Montoy v. Kansas

Montoy v. Kansas claimed the state violated Article 6 of the Kansas Constitution by failing to adequately fund public schools, which requires equal educational opportunity for all students.

2005

Public Education Funding

In Montoy, the Supreme Court ordered the legislature to increase public education funding. Lawmakers debated defying the Supreme Court’s ruling, arguing the Court overstepped its authority. The Court maintained it was fulfilling its constitutional duty, sparking a separation-of-powers conflict between the branches.

2010

Gannon v. State of Kansas

The legislature made cuts to state spending in response to the recession. School districts asked the Court to reopen the Montoy case. Instead, a new case was filed, Gannon v. State of Kansas.

2013

Attempt at Ending Merit-Based Selection

Governor Brownback convinced lawmakers to end merit-based selection for the Court of Appeals, giving the Governor full control over appointments. He also sought to change the constitution to do the same for the Supreme Court but lacked the votes.

2016

Gannon v. Kansas Ruling

In the Gannon case, the Kansas Supreme Court again ordered the legislature to increase funding for public education.

2022

Kansans Vote on Abortion

After the United States Supreme Court returned authority to the states to regulate abortion, Kansas became the first state to vote on a ballot measure to restrict abortion rights. Voters overwhelmingly rejected the constitutional amendment.

2025

SCR 1611 Introduced and Passed

The Kansas Legislature introduced and passed Senate Concurrent Resolution (SCR) 1611, with Kansans scheduled to vote to maintain the current merit-based selection system on August 4, 2026.

2026

Kansans Vote on Future of Courts

On August 4, 2026, we have the power once again to decide whether Kansas courts remain accountable to the people or become vulnerable to the influence of wealthy special interests.