Kansas voters will see two questions on the ballot. Learn what your vote means
Kansas voters will weigh in on two constitutional amendments on Election Day, Nov. 8. While neither carries as much political weight as the abortion amendment in the state’s primary, both ballot measures offer an important opportunity for residents to shape the state’s constitution.
Here’s what both amendments mean in simple language, including a rundown of their supporters and opponents.
Amendment 1: The legislative veto
Context: The executive branch of the state government includes elected officials like the governor and attorney general, as well as state agencies like the health department. These officials and agencies make regulations that Kansans have to follow.
Currently, if the state Legislature disagrees with a regulation, they have to pass a bill to override it. Amendment 1 would give the state Legislature the power to overrule regulations with a simple majority vote – which is much easier than passing a bill.
Supporters say: The Kansas Chamber of Commerce is a major supporter of the amendment, arguing that it will allow the popularly elected Legislature to overrule what they consider burdensome regulations created by appointed bureaucrats. Republican Attorney General Derek Schmidt, who is running for governor, introduced the amendment to the Legislature alongside senior lawmakers in February.
Opponents say: The amendment is generally opposed by Democrats, who see it as an attempt to strip Democratic Gov. Laura Kelly’s administration of power in favor of the overwhelmingly Republican Legislature. Environmental groups like the Sierra Club also oppose the amendment, saying it would endanger environmental regulations in favor of big business.
What it would mean if passed: Granting more power over regulations to the Legislature would be a win for Kansas Republicans, who have held majorities in both chambers since the ‘90s. Unlike the Legislature, power over the governor’s office has frequently shifted between Republicans and Democrats in the last two decades. The amendment creates an easier path for the Legislature to overturn regulations and other executive actions.
Amendment 2: County sheriffs
Context: Right now, the part of the Kansas Constitution (Article 9) that outlines how counties and townships are set up in the state does not specifically mention sheriffs. It just says that counties can each decide what officers are necessary for the county to have. This amendment would add a section to the state constitution that would require counties to maintain a sheriff as an elected position. It wouldn’t apply to the one county in Kansas that doesn’t have a sheriff, Riley County.
By requiring counties to elect a sheriff, Amendment 2 would take away the possibility for county governments to decide in the future that they want to instead appoint a sheriff, or, get rid of the sheriff position altogether.
Amendment 2 would also change the way a sheriff could be removed from office. A sheriff would only be able to be involuntarily removed from office through a recall election or by the attorney general. Local prosecutors would no longer have the ability to start proceedings to remove a sheriff, even if the sheriff commits misconduct.
Supporters say: Supporters of this measure basically want guarantee that sheriffs will always exist and be elected rather than appointed. Republican Attorney General Derek Schmidt, who is running for governor, supports the amendment, saying that it “gives Kansas voters the opportunity to enshrine the elected office of sheriff in our state constitution.” It’s also supported by the state’s Sheriff’s Association.
Opponents say: Opponents of this amendment from both parties are interested in preserving the option for counties to consolidate their law enforcement agencies, move to appoint a sheriff and eliminate the sheriff role if they choose to.
“If a county wishes to have a sheriff, that’s a great choice,” Republican Rep. Michael Dodson argued on the House floor in February. “Likewise, if a county wishes to consolidate, they should be able to do that.”
What it would mean if passed: Mandating elected sheriffs in most Kansas counties would cement the sheriff position, ensuring that the role would be publicly elected and wouldn’t disappear in the future. If passed, this amendment would also mean that sheriffs can be removed through a recall election or by the state’s attorney general – but not by a county’s local District Attorney.
Do you have more questions about the upcoming general election? Ask the Service Journalism team at kcq@kcstar.com.
This story was originally published October 18, 2022 at 6:00 AM.
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