North Carolina judicial elections, 2016
| 2016 State Judicial Elections | |
|---|---|
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| Part 1: Overview | |
| Part 2: Supreme Courts | |
| Part 3: Partisanship | |
| Part 4: Changes in 2016 | |
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Six seats on North Carolina's state-level courts were up for nonpartisan election on November 8, 2016. There was no primary on March 15 for the judicial elections because no race had more than two candidates at that time. After March 15, a primary specifically for the contested supreme court race was added and was held on June 7. Though all North Carolina judicial races are nonpartisan, candidates for the North Carolina Court of Appeals are required to declare their party affiliations upon filing, and those affiliations are listed on the ballot.
Overview
One seat on the North Carolina Supreme Court joined five seats on the North Carolina Court of Appeals on the ballot.
The supreme court seat up for election was held by Justice Robert H. Edmunds Jr. heading into the election. Justice Edmunds was to have run in North Carolina's first retention election under a 2015 law. Therefore no March 15 primary was scheduled, as Edmunds would stand for retention in November. But a Wake County court struck down the retention law as unconstitutional, and the state supreme court upheld that ruling. Justice Edmunds therefore faced a contested election. Justice Edmunds and Judge Michael R. Morgan were the top two finishers in the June 7 primary and advanced to the November 8 general election, defeating attorneys Sabra Jean Faires and Daniel G. Robertson. Edmunds was defeated in the general election by challenger Morgan.
On the North Carolina Court of Appeals, four seats were up for routine election; the fifth was vacated in May 2016. The four appeals court seats up for routine election were held by Judge Robert N. Hunter Jr., Judge Linda Stephens, Judge Richard Dietz, and Judge Valerie J. Zachary prior to the election. Each of the four incumbent judges had one election challenger. All eight candidates automatically advanced through the primary to the November general election. Each judge elected to the court serves an eight-year term.
The fifth appeals court seat was vacated by Judge Martha Geer in May. A filing period was open for interested candidates from noon on July 11 until noon on July 15.[1] Three candidates filed to run: two Democrats and one Republican.
General election candidates
North Carolina Supreme Court
Seat 2
■ Robert H. Edmunds Jr. (Incumbent)
■ Michael R. Morgan 
North Carolina Court of Appeals
Though North Carolina judicial elections are nonpartisan, court of appeals candidates declare their party affiliations upon filing, and their party affiliations appear on the ballot as of 2015.[2] Parties do not nominate the candidates, and if a primary is held because more than two candidates file, that primary is not to narrow the candidates to one candidate from each party. Instead, the top two finishers, regardless of party, advance to the general election. In 2016, no primary was held for the court of appeals elections, since not more than two candidates each filed to run for the seats held by Dietz, Hunter, Stephens, and Zachary. The Geer seat was not vacant for election until after the regular March primary.
Dietz seat■ Richard Dietz (R) Hunter seat■ Robert N. Hunter Jr. (R) Stephens seat■ Linda Stephens (D) (Incumbent) |
Zachary seat■ Valerie J. Zachary (R) Geer seatJudge Martha Geer stepped down from her seat in May 2016. ■ Hunter Murphy (R) |
Election results
November 8 general election
| North Carolina Supreme Court, Seat 2, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Michael R. Morgan |
54.47% | 2,157,927 |
| Robert H. Edmunds, Jr. Incumbent | 45.53% | 1,803,425 |
| Total Votes (2,704 of 2,704: 100%) | 3,961,352 | |
| Source: North Carolina State Board of Elections Official Results | ||
| North Carolina Court of Appeals, Dietz seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Richard Dietz Incumbent |
53.47% | 2,353,604 |
| Vince M. Rozier, Jr. | 46.53% | 2,048,367 |
| Total Votes (2,704 of 2,704: 100%) | 4,401,971 | |
| Source: North Carolina State Board of Elections Official Results | ||
| North Carolina Court of Appeals, Hunter seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Robert N. Hunter, Jr. Incumbent |
54.37% | 2,403,059 |
| Abraham P. Jones | 45.63% | 2,016,552 |
| Total Votes (2,704 of 2,704: 100%) | 4,419,611 | |
| Source: North Carolina State Board of Elections Official Results | ||
| North Carolina Court of Appeals, Stephens seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Phil Berger Jr. |
50.25% | 2,233,730 |
| Linda Stephens Incumbent | 49.75% | 2,211,631 |
| Total Votes (2,704 of 2,704: 100%) | 4,445,361 | |
| Source: North Carolina State Board of Elections Official Results | ||
| North Carolina Court of Appeals, Zachary seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Valerie Johnson Zachary Incumbent |
53.81% | 2,361,232 |
| Rickye McKoy-Mitchell | 46.19% | 2,027,078 |
| Total Votes (2,704 of 2,704: 100%) | 4,388,310 | |
| Source: North Carolina State Board of Elections Official Results | ||
| North Carolina Court of Appeals, Geer seat, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Hunter Murphy |
48.70% | 2,159,193 |
| Margaret P. Eagles | 45.60% | 2,021,769 |
| Donald R. Buie | 5.70% | 252,756 |
| Total Votes (2,704 of 2,704: 100%) | 4,433,718 | |
| Source: North Carolina State Board of Elections Official Results | ||
June 7 primary election
| North Carolina Supreme Court Primary, Seat 2, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Robert H. Edmunds, Jr. Incumbent |
48.01% | 235,405 |
| Michael R. Morgan |
34.36% | 168,498 |
| Sabra Jean Faires | 12.04% | 59,040 |
| Daniel G. Robertson | 5.59% | 27,401 |
| Total Votes (2710 of 2710 precincts reporting: 100%) | 490,344 | |
| Source: North Carolina State Board of Elections Official Results | ||
Context of the 2016 elections
North Carolina Supreme Court
- Main article: North Carolina Supreme Court elections, 2016
Justice Edmunds was the only justice on the North Carolina Supreme Court facing re-election in 2016. In accordance with a law passed in 2015, he was to have faced a retention election rather than an opponent, but that law was found unconstitutional by a North Carolina superior court. The state appealed the ruling to the North Carolina Supreme Court. Edmunds would have been the first justice in North Carolina to stand in a retention election. He was recused from hearing the case. On May 6, the supreme court upheld the lower court's ruling in a split decision, 3-3, confirming the unconstitutionality of retention elections.[3]
A special primary was set for June 7. The plaintiff in the case challenging the 2015 retention-election law was Sabra Faires. She filed to challenge Justice Edmunds in the wake of the ruling striking down the law, along with Michael R. Morgan and Daniel G. Robertson. Faires and Robertson were defeated in the primary. Edmunds and challenger Michael R. Morgan advanced through the primary to the general election.
Edmunds was first elected to the state supreme court in 2000, narrowly defeating incumbent Franklin Freeman by a margin of 52 percent to 48 percent. He narrowly won re-election eight years later, defeating challenger Suzanne Reynolds by a margin of 51 percent to 49 percent. Although supreme court elections are nonpartisan in North Carolina, Justice Edmunds has been associated with the Republican Party. His re-election would have ensured continued Republican-affiliated control of the state supreme court.[4]
The partisan affiliations listed below are commonly attached to the justices based on voting record and past political affiliation.[5]
Chief Justice Mark Martin
Justice Paul Martin Newby
Justice Robert H. Edmunds, Jr.
Justice Barbara Jackson
Justice Robin Hudson
Justice Cheri Beasley
Justice Sam Ervin
North Carolina Court of Appeals
Candidates for the North Carolina Court of Appeals are required to list their party affiliations in their candidate filings, and their party affiliations appear on the ballot.
- Judge Richard Dietz (R) was appointed to the court in 2014 by Republican Governor Pat McCrory. His opponent was Vince M. Rozier Jr. (D), a district court judge from Wake County, North Carolina.
- Judge Robert N. Hunter Jr. (R) was appointed to the court of appeals in 2014 by Gov. McCrory (R) after losing election to the state supreme court in the 2014 election. Hunter previously served on the court from 2008 to 2014. His opponent was Abe Jones (D), formerly a superior court judge from Wake County, North Carolina.
- Judge Linda Stephens (D) is the only Democratic incumbent judge up for re-election in 2016. Her opponent was Phil Berger Jr. (R), an administrative law judge and son of North Carolina Senate majority leader Phil Berger.
- Judge Valerie Zachary (R) was appointed to the court of appeals in 2014 by Gov. McCrory (R). Her opponent was Rickye McKoy-Mitchell (D), a district court judge from Mecklenburg County, North Carolina.[6]
- Judge Martha Geer stepped down from the court of appeals bench in May. Three candidates filed to run for her seat: Waynesville attorney Hunter Murphy (R), Winston-Salem attorney Donald R. Buie (D), and Wake County District Judge Margaret P. Eagles (D).
Selection
- See also: Judicial selection in North Carolina
Primary
Judges in North Carolina participate in nonpartisan elections in even-numbered years. If more than two candidates file for the same position, they must run in the primary election. The two candidates with the highest votes in the primary advance to the general election. However, if there are only one or two candidates, they are automatically advanced to the general election.[7]
Retention election
In June 2015, Gov. Pat McCrory (R) signed into law a bill requiring sitting justices on the North Carolina Supreme Court to seek re-election in retention elections rather than in nonpartisan competitive elections, effective in 2016. The law specified that for a sitting justice to be re-elected, he or she must receive at least 50% "yes" votes in a yes-no retention election.[8]
In March 2016, however, a three-judge panel of Wake County Superior Court judges ruled this law unconstitutional, stating that "a retention election is not an 'election' for the office of supreme court justice as required by the constitution."[9][10]
The state appealed the ruling to the North Carolina Supreme Court.[11] On April 13, 2016, the court heard oral arguments on the constitutionality of the retention election law. Justice Robert H. Edmunds Jr. was recused from hearing the case, as he planned to seek re-election in 2016. On May 6, the remaining justices split 3-3 on the question, and therefore the lower court's ruling, overturning the law, was upheld.[3]
Three challengers filed to run in a contested election against Edmunds, including attorney Sabra Faires, one of the plaintiffs in the lawsuit. Because there were more than two candidates, a primary election was required. North Carolina's regularly scheduled primary was held March 15, in the wake of the ruling striking down the retention law and before any provision could be made for a contested judicial election. The state elections board set a special primary for June 7. Edmunds and challenger Michael R. Morgan finished first and second, respectively, of the four candidates. Morgan defeated Edmunds in the November 8 general election.
Filing
The filing fees for judicial candidates amount to approximately 1 percent of the annual salary for the office sought by the candidates.[12] In lieu of this fee, a candidate may file a petition signed by at least 5 percent of the registered voters for the area in which the candidate is seeking election.[13]
To run for judge in North Carolina, candidates must be at least 21 years old, registered to vote, and resident in the districts in which they seek to run at the time of filing.[14]
State profile
| Demographic data for North Carolina | ||
|---|---|---|
| North Carolina | U.S. | |
| Total population: | 10,035,186 | 316,515,021 |
| Land area (sq mi): | 48,618 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 69.5% | 73.6% |
| Black/African American: | 21.5% | 12.6% |
| Asian: | 2.5% | 5.1% |
| Native American: | 1.2% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 2.4% | 3% |
| Hispanic/Latino: | 8.8% | 17.1% |
| Education | ||
| High school graduation rate: | 85.8% | 86.7% |
| College graduation rate: | 28.4% | 29.8% |
| Income | ||
| Median household income: | $46,868 | $53,889 |
| Persons below poverty level: | 20.5% | 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 North Carolina. **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
North Carolina voted Republican in six out of the seven presidential elections between 2000 and 2024.
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, six are located in North Carolina, accounting for 2.91 percent of the total pivot counties.[15]
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. North Carolina had six Retained Pivot Counties, 3.31 percent of all Retained Pivot Counties.
More North Carolina coverage on Ballotpedia
- Elections in North Carolina
- United States congressional delegations from North Carolina
- Public policy in North Carolina
- Endorsers in North Carolina
- North Carolina fact checks
- More...
Recent news
The link below is to the most recent stories in a Google news search for the terms 'North Carolina court elections' OR 'North Carolina Supreme Court' OR 'North Carolina judicial election 2016'. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ North Carolina State Board of Elections, "2016 Candidate Filing," accessed June 21, 2016
- ↑ General Assembly of North Carolina, "Session Law 2015-292," accessed July 19, 2016
- ↑ 3.0 3.1 Hastings Tribune, "Court tie means no retention elections for justices, for now," May 6, 2016 Cite error: Invalid
<ref>tag; name "Hastings" defined multiple times with different content - ↑ Ballotpedia, "North Carolina Supreme Court elections," accessed January 19, 2016
- ↑ The News & Observer, "Recount confirms Beasley's win in NC Supreme Court race," November 24, 2014
- ↑ Campbell, Colin. The News & Observer, "Four incumbents face challengers on NC Court of Appeals," accessed January 19, 2015
- ↑ General Assembly of North Carolina: § 163-322. Nonpartisan primary election method
- ↑ General Assembly of North Carolina, "House Bill 222 / S.L. 2015-66," accessed March 7, 2016
- ↑ Ballot Access News, "North Carolina State Court Invalidates New Law Providing for Retention Elections for State Supreme Court Justices," March 4, 2016
- ↑ General Assembly of North Carolina, "North Carolina State Constitution," accessed March 7, 2016
- ↑ The News & Observer, "New uncertainties about NC Supreme Court elections," archived March 24, 2016
- ↑ North Carolina Board of Elections, "Candidate Filing," accessed July 3, 2014
- ↑ General Assembly of North Carolina, "§ 163-107.1. Petition in lieu of payment of filing fee.," accessed July 3, 2014
- ↑ North Carolina Board of Elections, "Running for Judicial Offices 2014 Election," accessed July 3, 2014
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina • U.S. Bankruptcy Court: Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina
State courts:
Supreme Court of North Carolina • North Carolina Court of Appeals • North Carolina Superior Courts • North Carolina District Courts
State resources:
Courts in North Carolina • North Carolina judicial elections • Judicial selection in North Carolina
