Election results, 2022: State supreme courts
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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 theNorth Carolina Supreme Court, and Democrats gained no new majorities.
Two incumbents were defeated. In Illinois,Mary O'Brien (D) defeatedMichael Burke (R). In North Carolina,Trey Allen (R) defeatedSam Ervin IV (D).
Democrats will hold majorities on 16 courts, Republicans will hold majorities on 27, and the remaining nine courts’ majorities will either be split between parties or unclear. (Texas and Oklahoma both have 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 this year. Louisiana has a supreme court race on December 10, though the incumbent is running unopposed.
On this page, you will find:
- Alist of state supreme court elections in 2022
- Thepartisan balance of state supreme courts
- How justices are selected
- Alist of elections that could impact partisan control
Click here for information on state intermediate appellate court elections.Click here for information on local trial court elections.
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.
Incumbents defeated in the general election
Two incumbents lost a re-election bid. The table below displays the justices that lost and the winners of the seats.
| Incumbents defeated in state supreme court elections, 2022 | ||||
|---|---|---|---|---|
| Court | Incumbent | Winner | ||
| Illinois Supreme Court | Michael Burke | Mary O'Brien | ||
| North Carolina Supreme Court | Sam Ervin IV | Trey Allen | ||
Pre-election analysis
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 |
State supreme court election methods
- See also:Judicial selection in the states
Thirty-eight states hold elections to select state supreme court justices, using eitherpartisan elections,nonpartisan elections, orretention 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 apartisan 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 were18 partisan state supreme court elections. Of these elections, there were:
- 12 Republican-controlled seats
- Six Democratic-controlled seats
Nonpartisan election of judges
In anonpartisan 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 theMichigan method. To read more about the election methods in the state,click here.
In 2022, there were25 nonpartisan state supreme court elections. Of these elections, there were:
- 25 nonpartisan seats.
Retention election of judges
In aretention 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 were43 retention state supreme court elections. Of these elections, there were:
- 40 nonpartisan seats
- 2 Democratic-controlled seats
- 1 Republican-controlled seat
Noteworthy elections
The map below shows the states that held supreme court elections where there was the potential to either impact the court's partisan balance or change the outcome of cases related to national policy issues. Read below to learn more about the elections in that state.
Kentucky
Four seats on theKentucky Supreme Court were up fornonpartisan election on November 8, 2022. JusticesMichelle Keller andChristopher Nickell both ran for and won re-election.Angela McCormick Bisig andKelly Thompson also won elections for open seats. Their new terms will expire on January 1, 2031.
WFPL reported that JusticeMichelle 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 facedJoseph Fischer, a Republican member of theKentucky House of Representatives. Fischer was the author ofKentucky's law that restricted abortion in the state after conception. Fischer also sponsored a2022 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 defeatedJason Bowman with 80 percent of the vote to Bowman's 20 percent. McCormick Bisig, a circuit court judge, won the seat held by retiring JusticeLisabeth Tabor Hughes. Appeals court judgeKelly Thompson defeatedShawn Alcott with 63 percent of the vote to Alcott's 37 percent. Thompson won the seat held by retiring Chief JusticeJohn 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 ofBill Cunningham following Cunningham's retirement.
Michigan
The terms of twoMichigan Supreme Court justices expired on January 1, 2023. The two seats were up fornonpartisan 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).
JusticesRichard Bernstein (D) andBrian Zahra (R) both won re-election. Three challengers were also on the ballot:Kyra Harris Bolden (D),Paul Hudson (R), andKerry 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
Two seats on theMontana Supreme Court were up fornonpartisan election on November 8, 2022. JusticesIngrid Gustafson andJames 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, theMontana 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 CommissionerJames 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 GeneralAustin 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 inWhole 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) defeatedLucy N. Inman (D), andTrey Allen (R) defeated incumbentSam Ervin IV (D), inpartisan elections for twoNorth 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 the2020 election, Democrats had a 6-1 majority on the court.
JusticeRobin 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 theNorth 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.
TheCarolina 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 toAxios 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]
Followingmultiple legal challenges during the2020 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 theU.S. Supreme Court caseMoore 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 JusticePaul Martin Newby (R) defeating incumbent Chief JusticeCheri Beasley (D) by 412 votes in the race for chief justice andTamara Barringer (R) defeating incumbent Associate JusticeMark 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 theOhio Supreme Court were up forpartisan election on November 8, 2022. Apartisan primary was scheduled for May 3, 2022. IncumbentsPat Fischer (R) andPat DeWine (R) won re-election, whileSharon L. Kennedy (R) defeatedJennifer L. Brunner (D) in the chief justice election.
Bolts reported that Ohio was one of four states where the 2022 elections had the potential to shift the partisan balance of the state’s highest court.[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.
IncumbentPat DeWine (R) ran for re-election againstMarilyn Zayas (D). DeWine had served on the court since 2017. Zayas served as a judge on theOhio First District Court of Appeals, a position she had held since 2016.
IncumbentPat Fischer (R) ran for re-election againstTerri Jamison (D). Fischer had been on the court since 2017. Jamison had served as a judge on theOhio Tenth District Court of Appeals since 2021.
In the race forchief justice of the court, incumbentMaureen O'Connor (R) did not seek re-election due toage 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: JusticeJennifer L. Brunner (D) and JusticeSharon 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 thegovernor 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 wasredistricting.[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, whichrestricted 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 GovernorMike DeWine (R) signedSB 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]
Log of state supreme court election results
All times are Eastern Standard Time.
Nov. 9, 2022
- 3:00 p.m.: DemocratMary O'Brien (D) defeated JusticeMichael J. Burke (R) for a seat on theIllinois Supreme Court. O'Brien's victory expanded the Democratic majority on the court to 5-2.
- 9:00 a.m.: Democrats maintained a majority on theIllinois Supreme Court.Mary Jane Theis (D) was retained andElizabeth M. Rochford (D) won an open seat. With one uncalled race, this gave Democrats a 4-2 majority.
- 3:38 a.m.: IncumbentsRichard Bernstein (D) andBrian Zahra (R) won re-election to theMichigan Supreme Court.
- 1:00 a.m.: Republicans won all three seats up for election on theOhio Supreme Court, withSharon L. Kennedy (R),Pat Fischer (R), andPat DeWine (R) winning seats.
- 12:00 a.m.: Republicans flipped control of theNorth Carolina Supreme Court, withRichard Dietz (R) andTrey Allen (R) winning seats.
See also
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
- ↑11.011.1WUNC, "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, andNorth Carolina.
- ↑17.017.1News 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
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