The Veto Is the Nuclear Option
The single most powerful tool in the governor's arsenal is the veto. In Kansas, congressional maps are passed like any other piece of legislation, which means they must land on the governor's desk for a signature. If the governor believes a map is unfairly drawn—a practice known as gerrymandering—they can reject it outright. This sends the map back to the legislature and forces lawmakers to reconsider their plan or try to muster the votes to override the governor's decision. In early 2022, for example, Governor Laura Kelly vetoed a map passed by the Republican-controlled legislature, arguing it diluted the votes of minority communities and broke up communities of interest. The veto immediately halts the process and resets the board, turning
a legislative victory into a new political fight.
But a Veto Can Be Overridden
A governor's veto is a major roadblock, but it's not insurmountable. If the legislature can rally a two-thirds majority in both the House and the Senate, they can override the veto and enact the map into law without the governor's approval. This is exactly what happened in February 2022, when Republican lawmakers successfully overrode Governor Kelly's veto. This power dynamic means a governor's influence is directly tied to the political math in the legislature. If the opposing party holds a supermajority, the veto becomes less of a final word and more of a strong, public statement of disapproval. It transforms the fight from one about policy to one about political power and party discipline.
The Power of the Bully Pulpit
Beyond the formal power of the veto, a governor can leverage their position to influence the redistricting debate in the court of public opinion. This is often called using the "bully pulpit." A governor can hold press conferences, issue statements, and travel the state to highlight what they see as the flaws in a proposed map. By drawing public attention to a partisan gerrymander, they can put pressure on individual legislators who may be hesitant to cast a controversial vote. This soft power can be surprisingly effective, forcing lawmakers to defend their map to constituents and the media. While it doesn't carry the legal weight of a veto, a well-executed public campaign can sometimes be enough to sway a few key votes and prevent an override.
When All Else Fails, It Goes to Court
If the governor and legislature are at an impasse—or if the legislature overrides a veto and passes a map that opponents believe is illegal—the fight moves from the statehouse to the courthouse. Lawsuits can be filed challenging the new districts on the grounds that they violate the state or U.S. Constitution, often by arguing they dilute the voting power of certain groups. While the governor isn't typically a party in these lawsuits, their veto and public statements can build the foundation for a legal challenge. For congressional maps, these challenges have historically ended up in federal court. However, the 2022 map was challenged in state court, and the Kansas Supreme Court ultimately upheld the legislature's map, setting a new precedent. This means that even after a governor's veto is overridden, the judicial branch serves as the final arbiter, deciding whether the lines drawn by the legislature will stand for the next ten years.
