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Election results, 2023: State supreme courts
Two states—Wisconsin and Pennsylvania—held state supreme court elections in 2023. The seat on the Pennsylvania Supreme Court held by Justice Max Baer was on the ballot in November 2023. Daniel McCaffery (D) retained Baer's seat for Democrats. The seat on the Wisconsin Supreme Court held by Justice Patience Roggensack was on the ballot in April 2023. While Wisconsin Supreme Court elections are officially nonpartisan, justices and candidates are considered to be liberal or conservative. Janet Protasiewicz, endorsed by all of the court's liberal justices, won Roggensack's seat, flipping the court from a Republican majority to a Democratic majority.
Most states do not hold elections in odd-numbered years. Pennsylvania holds judicial elections exclusively in odd-numbered years and Wisconsin holds judicial elections every year. Louisiana and Washington may also hold judicial elections in both even and odd years. In some years, no supreme court justice's term will end and therefore no supreme court election will be held.
Heading into the 2023 elections, Democrats held majorities on 16 courts, Republicans held majorities on 28, and the remaining eight courts’ majorities were either split between parties or unclear. (Texas and Oklahoma both have two courts of last resort.) As a result of the election, Republicans held majorities on 27 courts, Democrats held majorities on 17, and the rest were split or unclear.
On this page, you will find:
- A list of state supreme court elections in 2023
- How justices are selected
- A list 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.
Offices on the ballot in 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 | |||
| Republican Party | |||
| Total | 2 | 2 | |
The map below highlights states that held supreme court elections in 2023 by the party of the winning candidate.
Partisan balance of all courts
Heading into the 2023 elections, there were 27 courts with a Republican majority, 16 courts with a Democratic majority, and nine courts with an indeterminate majority. The table below highlights the partisan balance of all 50 courts before and after the 2023 elections.
| State supreme courts with elections in 2023 | |||
|---|---|---|---|
| Party | As of the 2023 elections | After the 2023 elections | |
| Democratic Party | |||
| Republican Party | |||
| Indeterminate | |||
| Total | 52 | 52 | |
The map below highlights each state by the majority of its court once candidates elected in the 2023 elections are sworn in.
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 2023, there was one partisan state supreme court election. Justice Max Baer's seat on the Pennsylvania Supreme Court was up for election.
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 this election method, click here.
In 2023, there was one nonpartisan state supreme court election. The seat of Patience Roggensack was up for election.
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 2023, there were no retention state supreme court elections.
See also
Footnotes
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