In Kansas, legislatively referred amendments are the only form of statewide direct democracy available for the purposes of this report. The legislature has substantial control over the process, including the ability to call a special election to vote on a proposed amendment as well as control over the ballot language. The Secretary of State is involved in a limited capacity only, including publishing the proposed amendment in newspapers. Kansas’s direct democracy provisions do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Kansas
Kansas does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Kansas voters. Kan. Const. art. 14, § 1.
Election Timing
After approval by 2/3 of all members elected to each house of the legislature, a proposed amendment is submitted to voters at the next election for representatives or a special election called by the underlying legislative resolution. Kan. Const. art. 14, § 1.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the Kansas Constitution must include the following.
- Full text of the proposed amendment.
- Ballot title.
- The ballot title is specified in the underlying legislative resolution and must “be a brief nontechnical statement expressing the intent or purpose of the proposition and the effect of a vote for and a vote against the proposition.”
Kan. Const. art. 14, § 1.
The ballot for a constitutional amendment may be separate from the ballot for election of officials. See Kan. Stat. Ann. § 25-605.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State must publish the full text of the legislative resolution proposing a constitutional amendment in one newspaper in each county (or, if no newspaper is published, then a Kansas newspaper of general circulation) once each week for the three consecutive weeks preceding the election. Kan. Stat. Ann. § 64-103(b)(1). The Secretary of State may supplement this publication by radio and television broadcast during the week immediately preceding the election (but failure to do so is not subject to legal challenge). Kan. Stat. Ann. § 64-112.
In addition, county election officers must publish a notice of election, both in newspapers and on each county election office’s respective website, which must indicate any ballot propositions including constitutional amendments that will be voted upon. 2023 Kan. Sess. Laws 79 (amending Kan. Stat. Ann. § 25-105).
The Secretary of State must also provide each county election officer with a copy of the legislative resolution, and at least two copies thereof must be posted in each polling place. Kan. Stat. Ann. §§ 25-606, -607.
Voter Information Pamphlet
- Kansas law does not require a state voter information pamphlet for legislatively referred amendments.
JUDICIAL REVIEW
When and how can the court step in?
Kansas’s direct democracy provisions do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as a proceeding quo warranto. See State ex rel. Anderson v. Shanahan, 327 P.2d 1042, 1043, 1047 (Kan. 1958) (accepting an original proceeding in quo warranto seeking to oust the secretary of state from publishing a proposed constitutional amendment; holding the secretary of state was required to publish the constitutional amendment in full on the ballot).