State judicial elections, 2023

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2023 State
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View judicial elections by state:

A total of 15 state appellate court seats were up for election in 2023. This includes:

  • 2 supreme court seats
  • 13 intermediate appellate court seats.


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.

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 are five 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 ballot without 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 as merit selection or the Missouri 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-no retention 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 by assisted appointment while choosing its trial court judges in partisan elections. Some states may even select judges of the same 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. The assisted appointment method, in particular, comes in a variety of forms. For instance, some states require 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, and Minnesota) do not have such courts.[4] Rather, their general 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 to intermediate appellate courts. All 50 states and Washington, 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, 2023

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 for civil matters and another for criminal matters. Pennsylvania's superior court and commonwealth court are both appellate courts but have different jurisdictions. Other states, such as Illinois and California, 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, 2023

A state court 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 a supreme court.[5]

All 50 states and Washington, 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.

State supreme court offices up for election in 2023

See also: State supreme court elections, 2023

In 2023, there were two state supreme court seats on the ballot. The table below highlights the partisan balance of those courts before and after the election.

State supreme courts with elections in 2023
Party As of the 2023 elections After the 2023 elections
     Democratic Party
1
2
     Republican Party
1
0
Total 2 2


The map below highlights states that held supreme court elections in 2023 by the party of the winning candidate.


State intermediate court offices up for election in 2023

See also: State intermediate appellate court elections, 2023

The following states held elections for intermediate appellate court seats in 2023.

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.

2023 State Intermediate Appellate Court Elections
State Seats up for election Election method Previous election (court)
Louisiana 2 Partisan 2022
Pennsylvania 5 Partisan & Retention 2021
Washington 4 Nonpartisan 2022
Wisconsin 2 Nonpartisan 2022


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 won 94% of the time from 2008-2023. 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 (2008-2023)
Election year Total incumbent elections Incumbent elections won Incumbent elections lost Incumbent win rate
2023 0 — — —
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 2008-2023. 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 (2008-2023)
Election year Total incumbent elections Incumbent elections won Incumbent elections lost Incumbent win rate
2023 0 — — —
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 2008-2023. 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 (2008-2023)
Election year Total incumbent elections Incumbent elections won Incumbent elections lost Incumbent win rate
2023 0 — — —
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 2008-2023. 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 2008-2023.

Incumbent win rates by state in state supreme court elections (2008-2023)
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%

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%


Historical election data

There were 1,298 state judicial elections held from 2016 to 2022.

State judicial elections, 2016-2022
Year Court of last resort seats Intermediate appellate court seats Total
2022
84
300
384
2021
1
14
15
2020
78
202
280
2019
3
14
17
2018
68
244
312
2017
4
17
21
2016
76
193
269
Total
314
984
1,298

Courts of last resort

Retention

From 2016 to 2022, retention elections took place for 124 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, 2016-2022
Year Total seats Seats contested Incumbents 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
2022
48
30
34
70.8%
21
61.8%
32
94.1%
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
190
125
142
74.7%
87
61.3%
126
88.7%

Intermediate appellate courts

Retention

From 2016 to 2022, retention elections took place for 435 judicial seats on intermediate appellate courts. Of those, 431 of those judges were retained.

Non-retention

There were 546 non-retention elections from 2016 to 2022, with 231 races contested (42.3%). Incumbents ran for re-election 76.9% of the time. Of the incumbents who ran for re-election, 82.0% 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, 2016-2022
Year Total seats Seats contested Incumbents 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
2022
148
51
114
77.0%
29
25.4%
103
90.4%
2021
10
5
5
50.0%
3
60.0%
3
60.0%
2020
115
55
93
80.9%
43
46.2%
78
83.9%
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
546
231
420
76.9%
142
33.8%
354
84.2%

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 American Judicature Society, "Methods of Judicial Selection," archived February 2, 2015
  2. ↑ 2.0 2.1 American Bar Association, "Judicial Selection: The Process of Choosing Judges," June 2008
  3. ↑ US Legal, "Limited Jurisdiction Law & Legal Definition," accessed December 17, 2015
  4. ↑ National Center for State Courts, "Limited Jurisdiction Courts—Challenges, Opportunities, and Strategies for Action," accessed September 23, 2015
  5. ↑ U.S. Legal, "Court of last resort Definition," accessed August 25, 2013
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