Decreasing the number of votes required to not retain a judge of the district court in office from a majority to 40% in judicial districts that have nonpartisan selection of judges and retention elections.

Session of 2026
HOUSE BILL No. 2726
By Committee on Judiciary
Requested by Mark Hermes
2-5
AN ACT concerning courts; relating to nonpartisan selection of judges of
the district court and retention in office thereof; decreasing the number
of votes required from a majority to 40% to not retain a judge in office;
amending K.S.A. 20-2908 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 20-2908 is hereby amended to read as follows: 20-
2908. (a) Following the approval of nonpartisan selection of judges of the
district court in a judicial district as provided in K.S.A. 20-2901, and
amendments thereto, there shall not be an election or reelection of a judge
of the district court at any succeeding general election, but any judge of
the district court in the judicial district whose term of office expires on the
second Monday in January next following any such succeeding general
election shall be eligible for retention in office as provided in this section.
(b) No later than 12:00 noon on the Monday preceding the first
Tuesday of August preceding the expiration of the judge's term of office,
the judge may file in the office of the secretary of state a declaration of
candidacy for retention in office. Such declaration shall be prescribed by
the secretary of state. If a declaration is not so filed, the position held by
the judge shall be vacant upon the expiration of the judge's term of office.
If a declaration is filed, the judge's name shall be submitted at the next
general election to the electors of the judicial district, if the judge is a
district judge, or to the electors of the county, if the judge is a district
magistrate judge. The name shall be submitted on a separate judicial
ballot, without party designation, reading substantially as follows:
"Shall _____________________________________________
(Here insert name of judge.)
___________________________________________________
(Here insert the title of the court.)
be retained in office?"
(c) If a majority 40% of those voting on the question vote against
retaining the person in office, the position or office which the person holds
shall be vacant upon the expiration of the person's term of office ;.
Otherwise, unless removed for cause, the person shall remain in office for
the regular term of four years from the second Monday in January
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HB 2726 2
following the election. At the expiration of each term, unless by law the
person is compelled to retire, the person shall be eligible for retention in
office by election in the manner prescribed in this section.
(d) Wherever a majority If 40% of those voting on the question of
retaining any judge in office vote against retention, the secretary of state,
following the final canvass of votes on the question, shall certify the
results to the chief justice of the supreme court. Any judge who has not
been retained in office pursuant to this section shall not be eligible for
nomination or appointment to the office of judge of the district court in the
judicial district prior to the expiration of four years after the expiration of
the judge's term of office.
(e) Election laws applicable to the general elections of other state
officers shall apply to elections upon the question of retention of judges of
the district court pursuant to this section, to the extent that they are
consistent with the provisions of this act.
Sec. 2. K.S.A. 20-2908 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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