State supreme court elections, 2022
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Twenty-five states held state supreme court elections on November 8, 2022, accounting for 70 (20%) of the nation’s 344 supreme court seats.
Republicans gained three seats, and a Democrat gained one seat. As a result, Republicans gained a majority on the North Carolina Supreme Court, and Democrats gained no new majorities.
Two incumbents were defeated. In Illinois, Mary O'Brien (D) defeated Michael Burke (R). In North Carolina, Trey Allen (R) defeated Sam Ervin IV (D).
The November 2022 elections resulted in Democrats holding majorities on 16 courts, Republicans holding majorities on 27, and the remaining nine courts’ majorities were either split between parties or unclear. (Texas and Oklahoma both had two courts of last resort.)
Four states held partisan elections, eight held nonpartisan elections, 11 held retention elections, and two held a mixture of partisan and retention elections.
Heading into the elections, Republicans had majorities on 26 state supreme courts, Democrats controlled 17, and control of the nine remaining courts was either split between parties or unclear.
Four states—Arkansas, Georgia, Idaho, and Tennessee—held elections earlier in 2022. Louisiana had a supreme court race on December 10, when an incumbent ran unopposed.
On this page, you will find:
- Information on the different methods of electing judges
- A list of state supreme court elections in 2022
- A selection of media commentary
- Information on previous state supreme court elections
- Information on historical win rates of incumbent state supreme court justices
Click here for information on state intermediate appellate court elections. Click here for information on local trial court elections.
List of elections in 2022
The following states held elections for state supreme court seats in 2022. Hover over or click a state on the map below to see the number of seats up and the selection method used in that state.
| 2022 State Supreme Court Elections | |||
|---|---|---|---|
| State | Seats up for election | Election method | General election date |
| Alabama | 2 | Partisan | November 8, 2022 |
| Arizona | 3 | Retention | November 8, 2022 |
| Arkansas | 3 | Nonpartisan | May 24, 2022 |
| California | 4 | Retention | November 8, 2022 |
| Florida | 5 | Retention | November 8, 2022 |
| Georgia | 3 | Nonpartisan | May 24, 2022 |
| Idaho | 2 | Nonpartisan | May 17, 2022 |
| Illinois | 3 | Partisan/Retention | November 8, 2022 |
| Iowa | 2 | Retention | November 8, 2022 |
| Kansas | 6 | Retention | November 8, 2022 |
| Kentucky | 4 | Nonpartisan | November 8, 2022 |
| Louisiana | 1 | Partisan | December 10, 2022 |
| Maryland | 1 | Retention | November 8, 2022 |
| Michigan | 2 | Nonpartisan | November 8, 2022 |
| Minnesota | 2 | Nonpartisan | November 8, 2022 |
| Missouri | 2 | Retention | November 8, 2022 |
| Montana | 2 | Nonpartisan | November 8, 2022 |
| Nebraska | 4 | Retention | November 8, 2022 |
| Nevada | 2 | Nonpartisan | November 8, 2022 |
| New Mexico | 3 | Partisan/Retention | November 8, 2022 |
| North Carolina | 2 | Partisan | November 8, 2022 |
| North Dakota | 1 | Nonpartisan | November 8, 2022 |
| Ohio | 3 | Partisan | November 8, 2022 |
| Oklahoma | 4 | Retention | November 8, 2022 |
| Oregon | 1 | Nonpartisan | November 8, 2022 |
| South Dakota | 2 | Retention | November 8, 2022 |
| Tennessee | 5 | Retention | August 4, 2022 |
| Texas | 6 | Partisan | November 8, 2022 |
| Utah | 1 | Retention | November 8, 2022 |
| Washington | 3 | Nonpartisan | November 8, 2022 |
Changes in partisan control
Majorities on state supreme courts
Heading into the elections, Republicans had majorities on 26 state supreme courts, Democrats controlled 17, and partisan control of the nine remaining courts was either split between parties or unclear. As a result of this year’s elections, Republicans gained a 4-3 majority on the North Carolina Supreme Court. Democrats gained no new majorities.
The map below details the majority of the supreme court in each state.
Individual seats
Republicans gained three new seats and Democrats gained one. The table below displays the partisan affiliation of each justice with a seat up for election this year along with the winner of that seat and the winner's partisan affiliation.
Noteworthy elections
Kentucky
- See also: Kentucky Supreme Court elections, 2022
Four seats on the Kentucky Supreme Court were up for nonpartisan election on November 8, 2022. Justices Michelle Keller and Christopher Nickell both ran for and won re-election. Angela McCormick Bisig and Kelly Thompson also won elections for open seats. Their new terms will expire on January 1, 2031.
WFPL reported that Justice Michelle Keller's re-election campaign would have "implications for abortion access, separation of powers between the three branches of government and how much politics should bleed into judicial races." Keller faced Joseph Fischer, a Republican member of the Kentucky House of Representatives. Fischer was the author of Kentucky's law that restricted abortion in the state after conception. Fischer also sponsored a 2022 constitutional amendment (which was defeated 52-48) to state that nothing in the state constitution creates a right to abortion or requires government funding for abortion.[1] Keller received 54.8 percent of the vote and Fischer received 45.2 percent.
Angela McCormick Bisig defeated Jason Bowman with 80 percent of the vote to Bowman's 20 percent. McCormick Bisig, a circuit court judge, won the seat held by retiring Justice Lisabeth Tabor Hughes. Appeals court judge Kelly Thompson defeated Shawn Alcott with 63 percent of the vote to Alcott's 37 percent. Thompson won the seat held by retiring Chief Justice John D. Minton, Jr. Thompson will not automatically serve as chief justice—the court will elect a new one.
Nickell was unopposed in his re-election bid. He was first elected to the court in 2019 to fulfill the unexpired term of Bill Cunningham following Cunningham's retirement.
Michigan
- See also: Michigan Supreme Court elections, 2022
The terms of two Michigan Supreme Court justices expired on January 1, 2023. The two seats were up for nonpartisan election on November 8, 2022. Partisan control of the court remained split at 3-3 with one vacancy to be filled by an appointment from Gov. Gretchen Whitmer (D).
Justices Richard Bernstein (D) and Brian Zahra (R) both won re-election. Three challengers were also on the ballot: Kyra Harris Bolden (D), Paul Hudson (R), and Kerry Lee Morgan (L). All candidates appeared on the same ballot and voters could vote for up to two candidates. The two candidates who received the most votes were elected.
Among the five other seats of the court, there were two Democratic justices, two Republican justices, and a vacancy to be filled by Whitmer at the time of the election. The table below displays the justices on the court at the time of the election and the winners of the races on the ballot in 2022.
Although the general election was nonpartisan, political parties in Michigan may nominate candidates for state supreme court elections.[2] Each justice's partisan affiliation above comes from their party affiliation in their most recent re-election campaign.
Montana
- See also: Montana Supreme Court elections, 2022
Two seats on the Montana Supreme Court were up for nonpartisan election on November 8, 2022. Justices Ingrid Gustafson and James Rice both ran for and won re-election. Their new terms will expire on December 31, 2030.
Montana Public Radio's Shaylee Ragar wrote that the election for these seats could have impacted abortion policy in the state. "Montana Republicans are zeroed in on the races for two state Supreme Court seats this election cycle which could decide the future of access to abortion in Montana," she wrote. In 1999, the Montana Supreme Court ruled that the state's constitutional right to privacy protected access to abortion.[3] Rice was part of a five-justice panel that ruled unanimously in August 2022 to block abortion laws while a case between Planned Parenthood of Montana and the state proceeded.[4]
Gustafson defeated Montana Public Service Commissioner James Brown 54.3 percent to 45.7 percent. While Gustafson did not publicly comment on abortion or participate in the August 2022 ruling, outside groups affiliated with the Democratic Party raised money for Gustafson and encouraged voters to elect her to support legal access to abortion. Gov. Greg Gianforte (R), Attorney General Austin Knudsen (R), and U.S. Sen. Steve Daines (R) endorsed Brown.[5] Brown criticized the court for what he called "legislating from the bench" and called the U.S. Supreme Court's ruling in Whole Woman's Health v. Jackson a "major decision for liberty."[6] Gustafson was first appointed to the court in 2017 by Gov. Steve Bullock (D).
Rice defeated attorney Bill D'Alton 77.7 percent to 22.3 percent. Rice ran on his record, telling Montana Public Radio, "I believe I have that reputation for listening to all sides, being very careful about the law's application and exercising the powers of the court." D'Alton said he chose to run against Rice after seeing that the incumbent was unopposed. "I believe there should be competition in elections. I think that's good and healthy for the people of Montana to have a choice," he said.[7] Rice was first appointed to the court in 2001 by Gov. Judy Martz (R).
North Carolina
Richard Dietz (R) defeated Lucy N. Inman (D), and Trey Allen (R) defeated incumbent Sam Ervin IV (D), in partisan elections for two North Carolina Supreme Court seats on November 8, 2022. As a result of these elections, the court flipped from a 4-3 Democratic majority to a 5-2 Republican majority in 2023. Heading into the 2020 election, Democrats had a 6-1 majority on the court.
Justice Robin Hudson (D) did not run for re-election in 2022 because she was nearing the court’s mandatory retirement age.[8] Dietz and Inman, both judges on the North Carolina Court of Appeals, ran to succeed her.
Ervin was elected to the court in 2014. At the time of the 2022 election, Allen was general counsel for the North Carolina Administrative Office of the Courts.
The Carolina Journal’s Donna King wrote in October, "Partisan politics on the high court have come under scrutiny, particularly as battles over the state’s redistricting maps, voter ID, felon voting, and other partisan issues have made their way to the justices who, generally, have voted along partisan lines."[9]
According to Axios Raleigh's Lucille Sherman and Danielle Chemtob, "All four candidates ... emphasized that they will make decisions independent of their party. They say they aim to restore the public's faith in the courts, as it's become increasingly polarized in recent years."[10]
Following multiple legal challenges during the 2020 redistricting cycle, court-appointed special masters drew a temporary congressional map for the 2022 midterm elections.[11] At the time of the election, North Carolina congressional redistricting was at the center of the U.S. Supreme Court case Moore v. Harper, and redistricting litigation was also ongoing in state court.[11][12]
Spending in these two races put North Carolina in the top three states for most expensive supreme court races in 2022.[13] Satellite groups spent millions of dollars on ads focusing on crime and abortion.[14]
In 2020, Republicans gained two net seats, with incumbent Associate Justice Paul Martin Newby (R) defeating incumbent Chief Justice Cheri Beasley (D) by 412 votes in the race for chief justice and Tamara Barringer (R) defeating incumbent Associate Justice Mark A. Davis (D) 51.2% to 48.8%.
North Carolina began using partisan elections for judicial selection in 2018. Supreme court justices are elected to eight-year terms.
Ohio
- See also: Ohio Supreme Court elections, 2022
Three seats on the Ohio Supreme Court were up for partisan election on November 8, 2022. A partisan primary was scheduled for May 3, 2022. Incumbents Pat Fischer (R) and Pat DeWine (R) won re-election, while Sharon L. Kennedy (R) defeated Jennifer L. Brunner (D) in the chief justice election.
According to an analysis by Bolts, Ohio was one of four states where the partisan balance of the state's highest court could change as a result of the 2022 elections.[15][16] Heading into the election, Ohio's supreme court was made up of four Republican justices and three Democratic justices. Three seats held by Republicans were on the ballot in 2022. Republicans won all three seats and maintained their 4-3 majority on the court.
Incumbent Pat DeWine (R) ran for re-election against Marilyn Zayas (D). DeWine had served on the court since 2017. Zayas served as a judge on the Ohio First District Court of Appeals, a position she had held since 2016.
Incumbent Pat Fischer (R) ran for re-election against Terri Jamison (D). Fischer had been on the court since 2017. Jamison had served as a judge on the Ohio Tenth District Court of Appeals since 2021.
In the race for chief justice of the court, incumbent Maureen O'Connor (R) did not seek re-election due to age limits. At the time of the election, Ohio was one of 31 states with mandatory retirement ages for judges. In Ohio, judges had to retire after the term during which they turned 70.
Two associate justices on the court ran for the chief justice seat: Justice Jennifer L. Brunner (D) and Justice Sharon L. Kennedy (R). Brunner had served on the Ohio Supreme Court since 2021, and Kennedy had served on the Ohio Supreme Court since 2012. Kennedy won the election for the chief justice position, leaving the governor of Ohio with the authority to fill her vacancy on the court.
News 5 Cleveland's Morgan Trau wrote, "There are a few major issues that could be drastically altered depending on the makeup of the court." One of the issues Trau listed was redistricting.[17] In a series of 4-3 decisions in 2022, O'Connor joined the Democratic justices on the court in striking down redistricting maps drawn by the Ohio Redistricting Commission (ORC). Litigation challenging both the state legislative and congressional maps was ongoing at the time of the election. To read more about the legal challenges surrounding Ohio's 2020 redistricting process, click here.
Trau also listed abortion as a major issue for the court, saying "Arguably the most time-pressing issue at this point, the Ohio Supreme Court gets to decide if abortion laws are constitutional or not."[17] As of September 15, 2022, a court had temporarily suspended Ohio's abortion law, which restricted abortion at the threshold of six weeks since the last menstrual period.
This marked the first Ohio Supreme Court election where candidates were listed on the general election ballot with a party signifier next to their names. The change came after Governor Mike DeWine (R) signed SB 80 into law in 2021.[18] Politico's Zach Montellaro and Shia Kapos wrote, "For the first time in the state, candidates will have party affiliation next to their name on the general election ballot — previously they were nominated by the parties, but party affiliation was not listed for the general election — and the race would be moved up the ballot to be grouped with other statewide offices instead of being listed down below."[19]
State supreme court election methods
- See also: Judicial selection in the states
Thirty-eight states hold elections to select state supreme court justices, using either partisan elections, nonpartisan elections, or retention elections. In the other 12 states, justices are appointed by governors or state legislature. To learn more about those other selection methods, click here.
Partisan election of judges
In a partisan election, candidates may be nominated by political parties or declare their party affiliations upon filing to stand in the election. Primaries are typically held to narrow down the candidates to one per party before the general election; some states hold primaries in which candidates of all parties compete with each other and the top vote-getters advance regardless of party.
In 2022, there were 18 partisan state supreme court elections. Of these elections, there were:
- 12 Republican-controlled seats
- Six Democratic-controlled seats
Nonpartisan election of judges
In a nonpartisan election, some states allow candidates to declare their party affiliations, while some states prohibit them from doing so. If primaries are held, they do not narrow the candidates to one per party; instead, they typically narrow the candidates to two for each seat regardless of party.
In Michigan, nonpartisan general elections are combined with a partisan nominating process to create the Michigan method. To read more about the election methods in the state, click here.
In 2022, there were 25 nonpartisan state supreme court elections. Of these elections, there were:
- 25 nonpartisan seats.
Retention election of judges
In a retention election, an incumbent judge does not face an opponent. A question is placed on the ballot asking whether each judge shall be retained for another term, and voters choose "yes" or "no." Judges must receive majority "yes" votes in order to remain in their seats.
In 2022, there were 43 retention state supreme court elections. Of these elections, there were:
- 40 nonpartisan seats
- 2 Democratic-controlled seats
- 1 Republican-controlled seat
Media analysis
The section below contains quotes from journalists and media sources discussing state supreme court elections this year.
Politico's Megan Messerly wrote:[20]
| “ |
A pair of little-discussed Republican victories on Tuesday threaten to undermine abortion access in two states — highlighting a bright spot for the GOP amid an otherwise challenging election night for anti-abortion groups. The abortion issue helped propel Democrats to unexpected victories across much of the country. But their loss of state supreme court races in Ohio and North Carolina could imperil the future of the procedure in two of the country’s most populous states by cutting off a last line of defense against anti-abortion laws.[21] |
” |
Associated Press' Andrew DeMillo wrote:[22]
| “ |
Republicans have claimed key victories in state Supreme Court races that will give them an advantage in major redistricting fights, while Democrats notched similarly significant wins with help from groups focused on defending abortion access. The expensive fights over court control in several states in Tuesday’s election highlight just how partisan the formerly low-key judicial races have become. Observers say they’re a sign of what to expect as legal battles over abortion, voting rights and other issues are being fought at the state level.[21] |
” |
Governing's Billy Corriher wrote:[23]
| “ |
The election results showed that a state’s method of choosing judges matters. Partisan special interests once again spent millions in nonpartisan races but came up short. But with party labels by the names of candidates on the ballots in Ohio and in North Carolina, Republicans won. The Brennan Center found that the previous election cycle broke records for high-court races, with nearly $100 million spent in 2020. And this year’s races could break the record for spending in a midterm. (That spending does, however, include around $1 million from a new public financing program for New Mexico judicial elections.) Today’s heavy spending on once sleepy state high-court elections reflects a growing awareness of the importance of these courts in our democracy. As the U.S. Supreme Court has rolled back abortion and voting rights, legal battles over these and other contentious issues have shifted to state supreme courts, which have the final say on interpreting their states’ constitutions. The outcome of these elections will be felt in the states for years — and decades — to come.[21] |
” |
Analysis of state elections
In 2022, 44 states held elections for executive, legislative, or judicial seats, including elections for 88 of the nation's 99 state legislative chambers, 36 gubernatorial offices, and 32 state supreme court seats.
State legislative elections
- See also: State legislative elections, 2022
On November 8, 2022, members in 88 of the country's 99 state legislative chambers were up for election across 46 states. These elections were for 6,278 of the country's 7,383 state legislative seats (85%).
Heading into the election, Democrats controlled 36 chambers and Republicans controlled 62. A bipartisan coalition controlled the Alaska House.
As a result of the election:
- Democrats gained control of four chambers—the Michigan House and Senate, Minnesota Senate, and Pennsylvania House—bringing their total to 40.[24] Wins in Minnesota and Michigan created new Democratic trifectas in those states. Both had previously been divided governments.
- In Alaska, a bipartisan coalition gained control of the Senate. The coalition in the House changed from being made primarily of Democrats and independents to one made primarily of Republicans.
- Republicans lost control of five chambers, bringing their total to 57.
Featured analysis
- State legislative seats that changed party control in 2022: As a result of the Nov. 8, 2022, elections, partisan composition of all 7,386 state legislative seats changed by less than half a percentage point. Democrats had a net loss of six seats, representing 0.1% of all state legislative seats. Republicans had a net gain of 28 seats, representing 0.4% of all state legislative seats.[25] Independents and minor party officeholders had a net loss of 20 seats, representing 0.2% of all state legislative seats.
- Annual State Legislative Competitiveness Report: Vol. 12, 2022: Competitiveness refers to the presence of choice throughout the election cycle. A greater level of competitiveness means voters have the ability to make more decisions. A lower level of competitiveness equals fewer choices. State legislative competitiveness in 2022 reached its highest level compared to all even-year election cycles since 2010. In 2022, the nationwide State Legislative Competitiveness Index is 36.2, beating out 2018 (36.1) and the 2012 post-redistricting cycle (35.2).
- State legislative special elections
- Impact of term limits
- Open seats
- Contested primaries
- Incumbents in contested primaries
- Data on incumbents defeated
- Summaries of incumbents defeated in primaries
- Incumbent win rates by state
- Pivot counties in state legislative elections
- Trifecta vulnerability in the 2022 elections
- Rematches in 2022 general elections
- Elections without a Democratic or Republican candidate
- States with two or more statewide offices up for election
- Wave election analysis
- Seats that changed party control
- Veto-proof state legislatures with opposing party governors
- Ballotpedia's Top 15 elections to watch, 2022
- Candidates with the same last names, 2022
- Trends in the margins of victory for incumbents of three or more terms, 2018-2024
State executive elections
- See also: State executive official elections, 2022
State executive offices up for election in 2022 included 36 gubernatorial seats, 30 lieutenant gubernatorial seats, 30 attorney general seats, and 27 secretary of state seats. Including down-ballot races, there were 307 state executive seats up for election across 44 states in 2022.[26]
Of the 36 that held elections for governor, four offices changed party hands. Partisan control changed from Republican to Democratic in Arizona, Maryland, and Massachusetts. Partisan control changed from Democratic to Republican in Nevada, where incumbent Governor Steve Sisolak (D) was the only incumbent governor to lose re-election in 2022.
The partisan control of three lieutenant governors' offices changed. The office switched from Democrat to Republican in Nevada and from Republican to Democrat in Maryland and Massachusetts.
The partisan control of two secretary of State offices changed from Republican to Democrat.
In three states—Arizona, Iowa, and Vermont—the office of attorney general changed party control, resulting in a net gain of one office for Democrats and a net loss of one office for Republicans.
Featured analysis
- Trifecta vulnerability in the 2022 elections: Thirteen state government trifectas were vulnerable in the 2022 elections, according to Ballotpedia's annual trifecta vulnerability ratings. Democrats defended seven vulnerable trifectas and Republicans defended six. A state government trifecta occurs when one party holds the governorship and majorities in both chambers of the state legislature. At the time of the 2022 elections, there were 37 state government trifectas: 23 Republican trifectas and 14 Democratic trifectas. The remaining 13 states had a divided government where neither party had a trifecta.
- State government triplexes: Heading into the November 8 elections, there were 23 Republican triplexes, 18 Democratic triplexes, and 9 divided governments where neither party held triplex control. A state government triplex is a term to describe when one political party holds the following three positions in a state's government: governor, attorney general, and secretary of state.[27] In states where the attorney general or secretary of state are appointed by the governor, Ballotpedia considers the office to be held by the governor's party for the purposes of defining triplexes.[28]
- Annual State Executive Competitiveness Report: Ballotpedia's 2022 study of competitiveness in state executive official elections found that 37.1% of incumbents did not seek re-election, leaving those offices open. This was higher than in 2020 (35.6%) and 2014 (32.7%) but lower than in 2018 (38.6%) and 2016 (45.2%). The decade average for open offices was 37.8%.
- State executive official elections overview
- Gubernatorial elections
- Secretary of State elections
- Attorney General elections
- Historical and potential changes in trifectas
- State government trifectas
- Impact of term limits on state executive elections
- Rematches in 2022 general elections
- Elections without a Democratic or Republican candidate
- Wave election analysis
- Veto-proof state legislatures and opposing party governors
- Democratic Party battleground primaries
- Republican Party battleground primaries
- Ballotpedia's Top 15 elections to watch, 2022
State judicial elections
- See also: State judicial elections, 2022
A total of 382 appellate court seats were up for election in 2022. This included 84 supreme court seats and 298 intermediate appellate court seats.
In addition, in the U.S. Territories, the Northern Mariana Islands held retention elections for two judges on the Northern Mariana Islands Superior Court in 2022.
Ballotpedia provided coverage of supreme court and intermediate appellate court elections, as well as local trial court elections for judges within the 100 largest cities in the United States as measured by population.
Featured analysis
- Partisanship of state supreme court judges: In June 2020, Ballotpedia conducted a study into the partisanship of state supreme court justices. The study placed each justice into one of five categories indicating confidence in their affiliations with either the Democratic or Republican Parties. These categories were Strong Democratic, Mild Democratic, Indeterminate, Mild Republican, and Strong Republican.
Previous elections
The chart below details the number of state supreme court seats up for election between 2014 and 2022.
2021
- See also: State supreme court elections, 2021
In 2021, Pennsylvania held a partisan election for one supreme court seat on November 2, 2021.
2020
- See also: State supreme court elections, 2020
In 2020, 35 states held state supreme court elections for 78 seats.
2019
- See also: State supreme court elections, 2019
In 2019, three states—Kentucky, Louisiana, and Wisconsin—held elections for three supreme court justices. Kentucky and Wisconsin held nonpartisan elections, while Louisiana held partisan elections.
2018
- See also: State supreme court elections, 2018
In 2018, 32 states held state supreme court elections for 68 seats. Twenty seats were up for partisan election and included one Democratic justice and 19 Republican justices. Democrats gained five seats in those partisan elections, leaving them with six justices and Republicans with 14.
2017
- See also: State supreme court elections, 2017
In 2017, two states held supreme court elections for four seats. The only seat up for contested election in 2017 was in Pennsylvania, where sitting Justice Sallie Mundy (R) defeated Judge Dwayne D. Woodruff (D). In Wisconsin, the other race that could have produced a contested election saw Republican-affiliated Justice Annette Ziegler run unopposed in a nonpartisan election. Two other judges in Pennsylvania—Chief Justice Thomas Saylor (R) and Justice Debra Todd (D)—were retained.
2016
- See also: State supreme court elections, 2016
In 2016, 32 states held supreme court elections for 76 seats. Four states held partisan elections. In Alabama (three seats), Louisiana (two seats), and Texas (six seats), the 2016 elections either maintained or increased Republican majorities on the courts. In New Mexico (one seat), the Democratic majority was maintained. Additionally, 16 states held nonpartisan elections for 32 seats, and 12 states held retention elections for 31 seats.
Incumbent win rates
Incumbent win rates by year
Incumbents tend to do better in elections for any office than newcomers facing incumbents. This is no less true in state supreme court elections. Across all types of state supreme court elections, incumbent justices running for re-election won 94% of the time from 2008-2022. No more than six incumbent justices lost in a single year during this time frame. 2008 was the year with the lowest incumbent win rate at 89%.
| Incumbent win rates in state supreme court elections (2008-2022) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2022 | 64 | 62 | 2 | 97% | ||
| 2021 | 0 | — | — | — | ||
| 2020 | 70 | 64 | 6 | 91% | ||
| 2019 | 0 | — | — | — | ||
| 2018 | 59 | 53 | 6 | 90% | ||
| 2017 | 4 | 4 | 0 | 100% | ||
| 2016 | 55 | 53 | 2 | 96% | ||
| 2015 | 1 | 1 | 0 | 100% | ||
| 2014 | 52 | 52 | 0 | 100% | ||
| 2013 | 3 | 3 | 0 | 100% | ||
| 2012 | 53 | 50 | 3 | 94% | ||
| 2011 | 2 | 2 | 0 | 100% | ||
| 2010 | 63 | 57 | 6 | 90% | ||
| 2009 | 1 | 1 | 0 | 100% | ||
| 2008 | 56 | 50 | 6 | 89% | ||
| Total | 483 | 452 | 31 | 94% | ||
Incumbent win rates in partisan elections
In partisan elections, incumbents running for re-election won 89% of the time from 2008-2022. 2018 saw incumbents lose four seats, the greatest number of seats lost by incumbents during this timeframe.
| Incumbent win rates in partisan state supreme court elections (2008-2022) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2022 | 14 | 12 | 2 | 86% | ||
| 2021 | 0 | — | — | — | ||
| 2020 | 14 | 12 | 2 | 86% | ||
| 2019 | 0 | — | — | — | ||
| 2018 | 14 | 10 | 4 | 71% | ||
| 2017 | 3 | 3 | 0 | 100% | ||
| 2016 | 2 | 1 | 1 | 50% | ||
| 2015 | 0 | — | — | — | ||
| 2014 | 8 | 8 | 0 | 100% | ||
| 2013 | 2 | 2 | 0 | 100% | ||
| 2012 | 11 | 10 | 1 | 91% | ||
| 2011 | 1 | 1 | 0 | 100% | ||
| 2010 | 12 | 12 | 0 | 90% | ||
| 2009 | 0 | — | — | — | ||
| 2008 | 11 | 11 | 0 | 100% | ||
| Total | 92 | 82 | 10 | 89% | ||
Incumbent win rates in nonpartisan elections
In nonpartisan elections, incumbents running for re-election won 94% of the time from 2008-2022. 2008 and 2010 both saw six incumbents lose in nonpartisan elections. Ohio and Michigan had partisan primaries but nonpartisan general elections and so are counted here as holding nonpartisan elections.
| Incumbent win rates in nonpartisan state supreme court elections (2008-2022) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2022 | 20 | 20 | 0 | 100% | ||
| 2021 | 0 | — | — | — | ||
| 2020 | 27 | 24 | 3 | 89% | ||
| 2019 | 0 | — | — | — | ||
| 2018 | 45 | 43 | 2 | 96% | ||
| 2017 | 1 | 1 | 0 | 100% | ||
| 2016 | 53 | 52 | 1 | 98% | ||
| 2015 | 1 | 1 | 0 | 100% | ||
| 2014 | 44 | 44 | 0 | 100% | ||
| 2013 | 1 | 1 | 0 | 100% | ||
| 2012 | 42 | 40 | 2 | 95% | ||
| 2011 | 1 | 1 | 0 | 100% | ||
| 2010 | 51 | 45 | 6 | 88% | ||
| 2009 | 1 | 1 | 0 | 100% | ||
| 2008 | 45 | 39 | 6 | 87% | ||
| Total | 332 | 312 | 20 | 94% | ||
Incumbent win rates by state
Among the 38 states that conduct elections for supreme court justices, 13 have seen incumbents lose elections from 2008-2022. These were Alabama, Illinois, Iowa, Kentucky, Michigan, Mississippi, New Mexico, North Carolina, Ohio, Texas, Washington, West Virginia, and Wisconsin. In the other 25 states, incumbent supreme court justices won re-election 100% of the time from 2008-2022.
| Incumbent win rates by state in state supreme court elections (2008-2022) | ||||||
|---|---|---|---|---|---|---|
| State | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| Alabama | 10 | 8 | 2 | 80% | ||
| Alaska | 6 | 6 | 0 | 100% | ||
| Arizona | 14 | 14 | 0 | 100% | ||
| Arkansas | 6 | 6 | 0 | 100% | ||
| California | 12 | 12 | 0 | 100% | ||
| Colorado | 10 | 10 | 0 | 100% | ||
| Florida | 18 | 18 | 0 | 100% | ||
| Georgia | 17 | 17 | 0 | 100% | ||
| Idaho | 11 | 11 | 0 | 100% | ||
| Illinois | 12 | 10 | 2 | 83% | ||
| Indiana | 9 | 9 | 0 | 100% | ||
| Iowa | 19 | 16 | 3 | 84% | ||
| Kansas | 19 | 19 | 0 | 100% | ||
| Kentucky | 11 | 10 | 1 | 91% | ||
| Louisiana | 5 | 5 | 0 | 100% | ||
| Maryland | 7 | 7 | 0 | 100% | ||
| Michigan | 14 | 11 | 3 | 79% | ||
| Minnesota | 18 | 18 | 0 | 100% | ||
| Mississippi | 16 | 13 | 3 | 81% | ||
| Missouri | 8 | 8 | 0 | 100% | ||
| Montana | 13 | 13 | 0 | 100% | ||
| Nebraska | 15 | 15 | 0 | 100% | ||
| Nevada | 13 | 13 | 0 | 100% | ||
| New Mexico | 12 | 11 | 1 | 92% | ||
| North Carolina | 9 | 4 | 5 | 44% | ||
| North Dakota | 9 | 9 | 0 | 100% | ||
| Ohio | 16 | 11 | 5 | 69% | ||
| Oklahoma | 33 | 33 | 0 | 100% | ||
| Oregon | 15 | 15 | 0 | 100% | ||
| Pennsylvania | 6 | 6 | 0 | 100% | ||
| South Dakota | 8 | 8 | 0 | 100% | ||
| Tennessee | 13 | 13 | 0 | 100% | ||
| Texas | 37 | 36 | 1 | 97% | ||
| Utah | 6 | 6 | 0 | 100% | ||
| Washington | 25 | 24 | 1 | 96% | ||
| West Virginia | 6 | 4 | 2 | 67% | ||
| Wisconsin | 8 | 6 | 2 | 75% | ||
| Wyoming | 8 | 8 | 0 | 100% | ||
See also
External links
Footnotes
- ↑ WFPL, "Northern Kentucky Supreme Court race pits anti-abortion legislator against sitting justice," July 21, 2022
- ↑ Michigan.gov, "Filing for office," accessed August 20, 2021
- ↑ Montana Public Radio, "Partisan politics are shaping Montana's Supreme Court races," May 20, 2022
- ↑ Montana Free Press, " Montana Supreme Court says abortion laws will remain blocked while case proceeds," August 9, 2022
- ↑ Montana Free Press, "Abortion-rights advocates rally support for Gustafson in Montana Supreme Court race," October 11, 2022
- ↑ The Washington Post, "A little-watched Montana race has become a contentious abortion fight," October 12, 2022
- ↑ Montana Public Radio, "Longtime Justice Jim Rice faces attorney Bill D'Alton for seat on Montana Supreme Court," October 24, 2022
- ↑ WITN, "State Supreme Court justice says she won’t run for re-election," December 1, 2021
- ↑ The Carolina Journal, "N.C. Supreme Court races could reshape the state for years to come," October 13, 2022
- ↑ Axios Raleigh, "NC GOP's power hinges on under-the-radar court races," November 1, 2022
- ↑ 11.0 11.1 WUNC, "Even with Supreme Court ruling, North Carolina's redistricting battle is far from over," March 8, 2022
- ↑ AP News, "Criticism over latest NC redistricting back at Supreme Court," October 4, 2022
- ↑ Brennan Center for Justice, "New Money and Messages in Judicial Elections This Year," October 31, 2022
- ↑ WUNC, "High stakes in North Carolina court races with majority on line," October 31, 2022
- ↑ Bolts, "Your State-by-State Guide to the 2022 Supreme Court Elections," May 11, 2022
- ↑ The four states where the partisan balance of the state's highest court could change as a result of the 2022 elections are Ohio, Illinois, Michigan, and North Carolina.
- ↑ 17.0 17.1 News 5 Cleveland, "Why you should be paying attention to Ohio Supreme Court races," September 13, 2022
- ↑ Cincinnati.com, "Gov. Mike DeWine signs bill creating partisan races for state's top court," July 1, 2021
- ↑ Politico, "Redistricting, abortion supercharge state Supreme Court races," August 17, 2022
- ↑ Politico, "Supreme Court races offer anti-abortion groups a win on a tough night," November 11, 2022
- ↑ 21.0 21.1 21.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Associated Press, "State Supreme Court wins shaped by abortion, redistricting," November 12, 2022
- ↑ Governing, "Triumphs and Setbacks in Efforts to Reshape State Supreme Courts," November 15, 2022
- ↑ In the Pennsylvania House, Democrats won 102 seats but would enter the legislative session with 99 members due to three vacancies: one due to the death of an incumbent and the others due to resignations to assume higher office. Vacancies are filled by special elections. According to CNalysis, all three vacant districts voted for President Joe Biden (D) by margins of more than 15 percentage points in 2020:
- House District 32: Biden +26
- House District 34: Biden +62
- House District 35: Biden +16
- ↑ This total includes three seats created in Wyoming during the 2020 redistricting process, which affects the net changes before and after the Nov. 8 elections.
- ↑ Ballotpedia describes the offices of governor, lieutenant governor, attorney general, and secretary of state as top-ballot state executive offices. Down-ballot state executive offices that exist in all 50 states include superintendent of schools, insurance commissioner, agriculture commissioner, labor commissioner, and public service commissioner. Examples of other down-ballot state executive offices include treasurer, auditor, and comptroller.
- ↑ Ballotpedia chose to highlight these offices because they are typically the most visible positions in states and serve important administrative functions.
- ↑ This is because it is very uncommon for an attorney general or secretary of state appointed by a governor to often be in direct conflict with that governor.
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