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State supreme court elections, 2021
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One state — Pennsylvania — held a state supreme court election in 2021. In total, one of the 344 seats on state supreme courts was up for election.
Justice Thomas Saylor's seat on the Pennsylvania Supreme Court was on the ballot. Republicans defended this seat, with Kevin Brobson (R) defeating Maria McLaughlin (D).
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.
On this page, you will find:
- Information on the different methods of electing judges
- A list of state supreme court elections in 2021
- 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.
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 2021, there was one partisan state supreme court election. The seat of Republican Thomas Saylor in Wisconsin 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 and Ohio, nonpartisan general elections are combined with a partisan nominating process to create the Michigan-Ohio method. To read more about the election methods in those two states, click here.
In 2021, there were no nonpartisan state supreme court elections.
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 2021, there were no retention state supreme court elections.
List of elections in 2021
The map and table below detail which state held elections for supreme court seats in 2021. States shown in gray in the map did not hold supreme court elections in 2021.
| 2021 State Supreme Court Elections | |||
|---|---|---|---|
| State | Seats up for election | Election method | General election date |
| Pennsylvania | 1 | Partisan | November 2, 2021 |
Noteworthy elections
Pennsylvania
Kevin Brobson (R) defeated Maria McLaughlin (D) in the general election for a seat on the Pennsylvania Supreme Court on November 2, 2021. Justice Thomas Saylor (R), who joined the court in 1998, did not run for another term because he turned 75 in 2021. Pennsylvania judges must retire at the end of the calendar year in which they reach 75 years of age. A primary election took place on May 18, 2021.
Brobson received 52% of the vote in the Republican primary, defeating Patricia McCullough and Paula A. Patrick. McLaughlin ran unopposed in the Democratic primary.
During the campaign, Brobson said he wanted to bring a new perspective to the court and supported allowing the public to have easier access to court rulings.[1] McLaughlin said she is known for her commitment and compassion both on and off the bench.[2]
After 2021, the next scheduled election for a seat on the court was in 2023, as current chief justice Max Baer (D) reached the mandatory retirement age of 75 that year. After that, the next scheduled state supreme court elections in Pennsylvania will take place in 2025 when the three Democratic justices first elected in 2015 will be up for re-election. Unless there are unexpected vacancies, 2025 is the first year that the partisan balance of the court can change from a Democratic to a Republican majority.
Mark Scolforo of the Associated Press wrote in July: "The result won’t shift power on the high court, currently with a 5-2 Democratic majority, but in a state where the two parties have for decades been locked into a perpetual death match over political control, it will surely draw considerable money and the most statewide attention."[3]
This was the first state supreme court election in Pennsylvania since 2017, when three justices were up for election or retention. Justice Sallie Mundy (R) won election to a full 10-year term after Gov. Tom Wolf (D) had originally appointed her in 2016, and then-Chief Justice Saylor and Justice Debra Todd (D) won retention elections. This did not change the partisan balance on the court.
The partisan balance of the court changed as a result of the 2015 elections from a 4-3 Republican majority to a 5-2 Democratic majority. Justices Kevin M. Dougherty (D), David Wecht (D) and Christine Donohue (D) were elected to three open seats. There were two vacant seats that year after Justices Ronald Castille (R) and Seamus P. McCaffery (D) retired, and Justice Correale Stevens (R) lost in the May 2015 primary.
The Pennsylvania Supreme Court is the state's court of last resort and has seven judgeships. At the time of the election, five judges on the court were elected in partisan elections as Democrats, and two were elected as Republicans. Since Brobson won, the court's partisan composition remained the same. If McLaughlin had won, there would have been six Democrats and one Republican.
Pennsylvania Supreme Court justices run in partisan elections for 10-year terms. After a judge's first term, he or she must run in a retention election to serve subsequent terms. In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the state senate. Interim justices must stand for election at the next general election occurring more than 10 months after the vacancy occurred. Click here to learn more about judicial selection in Pennsylvania.
Our 2020 partisanship study of Pennsylvania Supreme Court judges determined that at the time of the 2021 elections, there were four strong Democrats, one mild Democrat, and two mild Republicans . Click here to read more from our partisanship analysis of all 50 state supreme courts.
Previous elections
2020
- See also: State supreme court elections, 2020
In 2020, 35 states held state supreme court elections for 78 seats. Eighteen seats were up for partisan election, including 12 held by a Republican at the time of the election and six held by a Democrat. Republicans gained a net two seats in those elections, leaving them with 14 of the seats up for partisan election to Democrats' four.
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 93% of the time from 2008-2021. No more than six incumbent justices have lost in a single year during this time frame. The year with the lowest incumbent win rate was 2008 with 89%.
| Incumbent win rates in state supreme court elections (2008-2021) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2021 | 0 | 0 | 0 | None | ||
| 2020 | 70 | 64 | 6 | 91% | ||
| 2019 | 0 | 0 | 0 | None | ||
| 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 | 419 | 390 | 29 | 93% | ||
Incumbent win rates in partisan elections
In partisan elections, incumbents running for re-election won 90% of the time from 2008-2021. In 2018, incumbents lost four seats, the greatest number of seats lost by incumbents during this timeframe.
| Incumbent win rates in partisan state supreme court elections (2008-2021) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2021 | 0 | 0 | 0 | None | ||
| 2020 | 14 | 12 | 2 | 86% | ||
| 2019 | 0 | 0 | 0 | None | ||
| 2018 | 14 | 10 | 4 | 71% | ||
| 2017 | 3 | 3 | 0 | 100% | ||
| 2016 | 2 | 1 | 1 | 50% | ||
| 2015 | 0 | 0 | 0 | None | ||
| 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 | 0 | 0 | None | ||
| 2008 | 11 | 11 | 0 | 100% | ||
| Total | 78 | 70 | 8 | 90% | ||
Incumbent win rates in nonpartisan elections
In nonpartisan elections, incumbents running for re-election won 94% of the time from 2008-2021. Six incumbents lost in nonpartisan elections in both 2008 and 2010. Ohio and Michigan have partisan primaries but nonpartisan general elections and so are counted here as holding nonpartisan elections.
| Incumbent win rates in nonpartisan state supreme court elections (2008-2021) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2019 | 0 | 0 | 0 | None | ||
| 2020 | 27 | 24 | 3 | 89% | ||
| 2019 | 0 | 0 | 0 | None | ||
| 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 | 312 | 292 | 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 2008-2021. 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 2008-2021.
| Incumbent win rates by state in state supreme court elections (2008-2021) | ||||||
|---|---|---|---|---|---|---|
| State | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| Alabama | 9 | 7 | 2 | 78% | ||
| Alaska | 6 | 6 | 0 | 100% | ||
| Arizona | 11 | 11 | 0 | 100% | ||
| Arkansas | 3 | 3 | 0 | 100% | ||
| California | 8 | 8 | 0 | 100% | ||
| Colorado | 10 | 10 | 0 | 100% | ||
| Florida | 13 | 13 | 0 | 100% | ||
| Georgia | 14 | 14 | 0 | 100% | ||
| Idaho | 9 | 9 | 0 | 100% | ||
| Illinois | 10 | 9 | 1 | 90% | ||
| Indiana | 9 | 9 | 0 | 100% | ||
| Iowa | 17 | 14 | 3 | 82% | ||
| Kansas | 13 | 13 | 0 | 100% | ||
| Kentucky | 9 | 8 | 1 | 89% | ||
| Louisiana | 4 | 4 | 0 | 100% | ||
| Maryland | 6 | 6 | 0 | 100% | ||
| Michigan | 12 | 9 | 3 | 75% | ||
| Minnesota | 16 | 16 | 0 | 100% | ||
| Mississippi | 16 | 13 | 3 | 81% | ||
| Missouri | 6 | 6 | 0 | 100% | ||
| Montana | 11 | 11 | 0 | 100% | ||
| Nebraska | 11 | 11 | 0 | 100% | ||
| Nevada | 12 | 12 | 0 | 100% | ||
| New Mexico | 9 | 8 | 1 | 89% | ||
| North Carolina | 8 | 4 | 4 | 50% | ||
| North Dakota | 8 | 8 | 0 | 100% | ||
| Ohio | 14 | 9 | 5 | 64% | ||
| Oklahoma | 29 | 29 | 0 | 100% | ||
| Oregon | 14 | 14 | 0 | 100% | ||
| Pennsylvania | 6 | 6 | 0 | 100% | ||
| South Dakota | 6 | 6 | 0 | 100% | ||
| Tennessee | 8 | 8 | 0 | 100% | ||
| Texas | 34 | 33 | 1 | 97% | ||
| Utah | 5 | 5 | 0 | 100% | ||
| Washington | 22 | 21 | 1 | 95% | ||
| West Virginia | 6 | 4 | 2 | 67% | ||
| Wisconsin | 8 | 6 | 2 | 75% | ||
| Wyoming | 8 | 8 | 0 | 100% | ||
See also
External links
Footnotes
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