State judicial elections, 2022

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2022 State
Judicial Elections
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Overview
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View judicial elections by state:

A total of 382 appellate court seats were up for election in 2022. This includes:

  • 84 supreme court seats
  • 298 intermediate appellate court seats.

Ballotpedia provided coverage ofsupreme court andintermediate appellate court elections, as well aslocal trial court elections for judges within the100 largest cities in the United States as measured by population.

In addition, in theU.S. Territories, theNorthern Mariana Islands heldretention elections for two judges on theNorthern Mariana Islands Superior Court in 2022.

On this page, you will find:

Click here for information on state intermediate appellate court elections.Click here for information on local trial court elections.

Judicial selection methods

See also:Judicial selection in the states

Methods of judicial selection vary substantially across the United States.[1] Though each state has a unique set of guidelines governing how they fill their state and local judiciaries, there arefive main methods. Two methods are primarily election-based; three methods are primarily appointment-based.

Election-based methods

  • Partisan elections: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
  • Nonpartisan elections: Judges are elected by the people, and candidates are listed on the ballotwithout a label designating party affiliation.

Appointment-based methods

  • Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
  • Assisted appointment, also known asmerit selection or theMissouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. After serving an initial term, judges typically run in a yes-noretention election to remain on the court.[2] At the state supreme court level, this selection method is further divided into three types.Click here to learn more.
  • Legislative elections: Judges are selected by the state legislature.

States may apply more than one of the five methods across different levels of courts. For example, a state may choose its appellate court judges byassisted appointment while choosing its trial court judges inpartisan elections. Some states may even select judges of thesame court level differently depending on the population of an area or local opinion.[1][2] States may also modify any of the systems above in their own way. Theassisted appointment method, in particular, comes in a variety of forms. For instance, some statesrequire the governor to choose from the commission's list of nominees, while in other states the list is only a suggestion.[1]

Types of courts

Depending on your state, judges from several different types of courts may appear on the ballot, each with different jurisdictions. There are four types of courts, listed here in ascending order of jurisdiction:

  1. Limited jurisdiction courts
  2. General jurisdiction courts
  3. Intermediate appellate courts
  4. Courts of last resort

Limited jurisdiction courts

Limited jurisdiction is a term used to describe courts with legal authority restricted to specific subjects, cases, or persons. Examples of limited jurisdiction courts include family courts, traffic courts, probate courts, and military courts.[3] Forty-six states have limited jurisdiction courts.Washington, D.C., and four states (California,Illinois,Iowa, andMinnesota) do not have such courts.[4] Rather, theirgeneral jurisdiction courts are assigned cases that might normally have been given to a limited jurisdiction court.

General jurisdiction courts

General jurisdiction is a term used to describe courts that do not have limits on the type of cases they can hear. Cases typically originate in general jurisdiction courts, and their decisions can be appealed tointermediate appellate courts. All 50 states andWashington, D.C., have general jurisdiction courts. General jurisdiction courts are sometimes referred to as trial courts or district courts.

Intermediate appellate courts

See also:State intermediate appellate court elections, 2022

Intermediate appellate courts, as their name suggests, serve as an intermediate step between the trial courts and the courts of last resort in a state. Their jurisdiction varies from state to state.

Forty-two states have at least one intermediate appellate court. Some states have more than one of these types of courts. For example, Alabama has one intermediate appellate court forcivil matters and another forcriminal matters. Pennsylvania'ssuperior court andcommonwealth court are both appellate courts but have different jurisdictions. Other states, such asIllinois andCalifornia, have multiple divisions of intermediate appellate courts with varying degrees of independence from each other. Intermediate appellate courts are sometimes called courts of appeal.

Courts of last resort

See also:State supreme court elections, 2022

A statecourt of last resort is the highest judicial body within a jurisdiction's court system. It is a court with the highest appellate authority, meaning that its rulings are not subject to review by any other court in the state. A court of last resort is often, but not always, referred to as asupreme court.[5]

All 50 states andWashington, D.C., have at least one court of last resort. Oklahoma and Texas both have two courts of last resort, one for civil appeals and one for criminal appeals.

List of state supreme court elections in 2022

See also:State supreme court elections, 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
StateSeats up for electionElection methodGeneral election date
Alabama2PartisanNovember 8, 2022
Arizona3RetentionNovember 8, 2022
Arkansas3NonpartisanMay 24, 2022
California4RetentionNovember 8, 2022
Florida5RetentionNovember 8, 2022
Georgia3NonpartisanMay 24, 2022
Idaho2NonpartisanMay 17, 2022
Illinois3Partisan/RetentionNovember 8, 2022
Iowa2RetentionNovember 8, 2022
Kansas6RetentionNovember 8, 2022
Kentucky4NonpartisanNovember 8, 2022
Louisiana1PartisanDecember 10, 2022
Maryland1RetentionNovember 8, 2022
Michigan2NonpartisanNovember 8, 2022
Minnesota2NonpartisanNovember 8, 2022
Missouri2RetentionNovember 8, 2022
Montana2NonpartisanNovember 8, 2022
Nebraska4RetentionNovember 8, 2022
Nevada2NonpartisanNovember 8, 2022
New Mexico3Partisan/RetentionNovember 8, 2022
North Carolina2PartisanNovember 8, 2022
North Dakota1NonpartisanNovember 8, 2022
Ohio3PartisanNovember 8, 2022
Oklahoma4RetentionNovember 8, 2022
Oregon1NonpartisanNovember 8, 2022
South Dakota2RetentionNovember 8, 2022
Tennessee5RetentionAugust 4, 2022
Texas6PartisanNovember 8, 2022
Utah1RetentionNovember 8, 2022
Washington3NonpartisanNovember 8, 2022


List of state intermediate court elections in 2022

See also:State intermediate appellate court elections, 2022

The following states held elections for intermediate appellate 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 Intermediate Appellate Court Elections
StateSeats up for electionElection methodPrevious election
Alaska1 seatRetention2020
Arizona5 seatsRetention2020
Arkansas4 seatsNonpartisan2020
California43 seatsRetention2018
Colorado8 seatsRetention2020
Florida28 seatsRetention2020
Georgia3 seatsNonpartisan2020
Idaho1 seatNonpartisan2020
Illinois13 seatsPartisan andretention2020
Indiana3 seatsRetention2020
Iowa2 seatsRetention2020
Kansas7 seatsRetention2020
Kentucky14 seatsNonpartisan2020
Louisiana25 seatsPartisan2021
Maryland4 seatsRetention2020
Michigan10 seatsNonpartisan2020
Minnesota10 seatsNonpartisan2020
Mississippi4 seatsNonpartisan2018
Missouri10 seatsRetention2020
Nebraska4 seatsRetention2020
Nevada3 seatsNonpartisan2020
New Mexico3 seatsPartisan andretention2020
North Carolina4 seatsPartisan2020
Ohio28 seatsPartisan2020
Oklahoma5 seatsRetention2020
Oregon5 seatsNonpartisan2020
Tennessee21 seatsRetention2020
Texas20 seatsPartisan2020
Washington7 seatsNonpartisan2021
Wisconsin3 seatsNonpartisan2021



State supreme court 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 won94% 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 withthe lowest incumbent win rate at 89%.

Incumbent win rates in state supreme court elections (2008-2022)
Election yearTotal incumbent electionsIncumbent elections wonIncumbent elections lostIncumbent win rate
20226462297%
20210
20207064691%
20190
20185953690%
2017440100%
20165553296%
2015110100%
201452520100%
2013330100%
20125350394%
2011220100%
20106357690%
2009110100%
20085650689%
Total4834523194%

Incumbent win rates in partisan elections

Inpartisan elections, incumbents running for re-election won 89% of the time from 2008-2022. 2018 saw incumbents losefour seats, the greatest number of seats lost by incumbents during this timeframe.

Incumbent win rates in partisan state supreme court elections (2008-2022)
Election yearTotal incumbent electionsIncumbent elections wonIncumbent elections lostIncumbent win rate
20221412286%
20210
20201412286%
20190
20181410471%
2017330100%
201621150%
20150
2014880100%
2013220100%
20121110191%
2011110100%
20101212090%
20090
200811110100%
Total92821089%

Incumbent win rates in nonpartisan elections

Innonpartisan 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 andMichigan 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 yearTotal incumbent electionsIncumbent elections wonIncumbent elections lostIncumbent win rate
202220200100%
20210
20202724389%
20190
20184543296%
2017110100%
20165352198%
2015110100%
201444440100%
2013110100%
20124240295%
2011110100%
20105145688%
2009110100%
20084539687%
Total3323122094%

Incumbent win rates by state

Among the38 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 other25 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)
StateTotal incumbent electionsIncumbent elections wonIncumbent elections lostIncumbent win rate
Alabama108280%
Alaska660100%
Arizona14140100%
Arkansas660100%
California12120100%
Colorado10100100%
Florida18180100%
Georgia17170100%
Idaho11110100%
Illinois1210283%
Indiana990100%
Iowa1916384%
Kansas19190100%
Kentucky1110191%
Louisiana550100%
Maryland770100%
Michigan1411379%
Minnesota18180100%
Mississippi1613381%
Missouri880100%
Montana13130100%
Nebraska15150100%
Nevada13130100%
New Mexico1211192%
North Carolina94544%
North Dakota990100%
Ohio1611569%
Oklahoma33330100%
Oregon15150100%
Pennsylvania660100%
South Dakota880100%
Tennessee13130100%
Texas3736197%
Utah660100%
Washington2524196%
West Virginia64267%
Wisconsin86275%
Wyoming880100%


Historical election data

There were 909 state judicial elections held from 2016 to 2021—265 in 2016, 21 in 2017, 312 in 2018, 17 in 2019, 279 in 2020, and 15 in 2021.

State judicial elections, 2016-2021
YearCourt of last resort seatsIntermediate appellate court seatsTotal
2021
1
14
15
2020
78
201
279
2019
3
14
17
2018
68
244
312
2017
4
17
21
2016
76
189
265
Total
230
679
909

Courts of last resort

Retention

From 2016 to 2021, retention elections took place for 88 judicial seats on courts of last resort. All but one of those judges were retained.

Non-retention

There were 142 non-retention elections held from 2016 to 2021, with 95 races contested (66.9%). Incumbents ran for re-election 76.1% of the time. Of the incumbents who ran for re-election, 87% won re-election.

The table below is organized by year and includes the total number of seats up for election, the number of contested seats, the number and percentage of incumbents who sought re-election, the number and percentage of incumbents who faced opposition, and the number and percentage of incumbents who won another term.

Court of last resort elections, 2016-2021
YearTotal seatsSeats contestedIncumbents who
sought re-election
% incumbents who
sought re-election
Incumbents who
faced opposition
% incumbents who
faced opposition
Incumbents who
were re-elected
% incumbents who
were re-elected
2021
1
1
0
0.0%
0
0.0%
0
0.0%
2020
49
37
41
83.7%
29
70.7%
36
87.8%
2019
3
3
0
0.0%
0
0.0%
0
0.0%
2018
45
25
34
75.6%
19
55.9%
28
82.4%
2017
2
1
2
100%
1
50.0%
2
100%
2016
42
28
31
73.8%
17
54.8%
28
90.3%
Total
142
95
108
76.1%
66
61.1%
94
87.0%

Intermediate appellate courts

Retention

From 2016 to 2021, retention elections took place for 279 judicial seats on intermediate appellate courts. Of those, all were retained.

Non-retention

There were 400 non-retention elections from 2016 to 2021, with 182 races contested (45.5%). Incumbents ran for re-election 76.5% of the time. Of the incumbents who ran for re-election, 84.0% won re-election.

The table below is organized by year and includes the total number of seats up for election, the number of contested seats, the number and percentage of incumbents who sought re-election, the number and percentage of incumbents who faced opposition, and the number and percentage of incumbents who won another term.

Intermediate appellate court elections, 2016-2021
YearTotal seatsSeats contestedIncumbents who
sought re-election
% incumbents who
sought re-election
Incumbents who
faced opposition
% incumbents who
faced opposition
Incumbents who
were re-elected
% incumbents who
were re-elected
2021
10
5
5
50.0%
3
60.0%
3
60.0%
2020
117
57
93
79.5%
37
39.8%
84
90.3%
2019
10
7
5
50.0%
0
0.0%
5
100.0%
2018
142
69
112
78.9%
44
39.3%
82
73.2%
2017
16
11
6
37.5%
3
50.0%
4
66.7%
2016
105
33
85
81.0%
20
23.5%
79
92.9%
Total
400
182
306
76.5%
107
35.0%
257
84.0%

See also

External links

Footnotes

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