Nebraska Supreme Court elections, 2016

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2016 State
Judicial Elections
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Part 1: Overview
Part 2: Supreme Courts
Part 3: Partisanship
Part 4: Changes in 2016

Last updated: November 2016

Three seats on the Nebraska Supreme Court were up for retention elections on November 8, 2016. Chief Justice Michael Heavican, Justice John Wright, and Justice William Cassel faced retention elections. If retained, a supreme court justice serves for six years prior to the next retention election.

Judges who faced retention

Chief justice

Michael Heavican Green check mark transparent.png

District 6

John Wright Green check mark transparent.png

District 3

William Cassel Green check mark transparent.png

Election results

November 8 general election

Michael Heavican was retained with 73.37% of the vote.

Nebraska Supreme Court, Heavican's seat, 2016
Name Yes votes
Green check mark transparent.pngMichael Heavican73.37%
Source: Nebraska Secretary of State Official Results

John Wright was retained in the Nebraska Supreme Court, Wright's seat election with 75.61% of the vote.

Nebraska Supreme Court, Wright's seat, 2016
Name Yes votes
Green check mark transparent.pngJohn Wright75.61%
Source: Nebraska Secretary of State Official Results

William Cassel was retained with 72.65% of the vote.

Nebraska Supreme Court, Cassel's seat, 2016
Name Yes votes
Green check mark transparent.pngWilliam Cassel72.65%
Source: Nebraska Secretary of State Official Results

Political composition

Justices on the Nebraska Supreme Court are nonpartisan and appointed to their seats. Justice Lindsey Miller-Lerman and Justice John Wright were appointed by Gov. Ben Nelson (D). The remaining five justices were appointed by Republican governors Dave Heineman and Pete Ricketts.

Chief Justice Michael Heavican Appointed by Dave Heineman (R) in 2006
William Cassel Appointed by Dave Heineman (R) in 2012
Jeffrey Funke Appointed by Pete Ricketts (R) in 2016
Max Kelch Appointed by Pete Ricketts (R) in 2016
Lindsey Miller-Lerman Appointed by Ben Nelson (D) in 1998
Stephanie Stacy Appointed by Pete Ricketts (R) in 2015
John Wright Appointed by Ben Nelson (D) in 1994


Selection

See also: Judicial selection in Nebraska

The court consists of a chief justice and six associate justices. Each associate justice represents one of six districts. Judges are selected using an assisted appointment system. When vacancies occur, a judicial nominating commission holds a hearing to interview candidates to replace the departed judge. The commission is made up of four lawyers and four non-lawyers selected by the Nebraska State Bar Association. The commission chooses at least two candidates to submit to the governor, who has 60 days to make an appointment. If the governor does not appoint someone in time, the chief justice is responsible for choosing one of the commission's nominees.[1]

Judges who wish to retain their seats must run for retention in the first general election occurring more than three years after appointment. Judges are then subject to retention every six years. Voters are asked to answer the question, "Shall Judge___________be retained in office?" To remove a judge, more than 50 percent of voters must indicate they do not want the judge to be retained.[1]

Judges may retire at 65 years old, but there is no mandatory retirement age in the state.[1]

Qualifications

To serve as a judge in Nebraska, a candidate must be a U.S. citizen, be at least 30 years old, have practiced law in Nebraska for at least five years, and be currently licensed to practice before the state supreme court.[1]

Chief justice

The chief justice is appointed by the governor, who chooses his nomination from a list of candidates created by the judicial nominating commission. The chief justice is the executive head of the courts and may appoint a court administrator as the court's administrative director.[1]

State profile

Demographic data for Nebraska
 NebraskaU.S.
Total population:1,893,765316,515,021
Land area (sq mi):76,8243,531,905
Race and ethnicity**
White:88.1%73.6%
Black/African American:4.7%12.6%
Asian:2%5.1%
Native American:0.9%0.8%
Pacific Islander:0.1%0.2%
Two or more:2.2%3%
Hispanic/Latino:10%17.1%
Education
High school graduation rate:90.7%86.7%
College graduation rate:29.3%29.8%
Income
Median household income:$52,997$53,889
Persons below poverty level:14.6%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Nebraska.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Nebraska

Nebraska voted Republican in all six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Nebraska, accounting for 0.5 percent of the total pivot counties.[2]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Nebraska had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.

More Nebraska coverage on Ballotpedia

Recent news

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See also

Nebraska Judicial Selection More Courts
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Courts in Nebraska
Nebraska Court of Appeals
Nebraska Supreme Court
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Gubernatorial appointments
Judicial selection in Nebraska
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External links

Footnotes