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State supreme court elections, 2023
| 2023 State Judicial Elections | |
|---|---|
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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
- Information on the different methods of electing judges
- 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.
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.
Analysis of state elections
State legislative elections
- See also: State legislative elections, 2023
Eight of the country's 99 state legislative chambers held regularly-scheduled elections in 2023. Elections in those eight chambers represented 578 of the country's 7,386 state legislative seats (7.8%). This was the most seats up for election in an odd-numbered year since 2011.
General elections in Mississippi, New Jersey, and Virginia took place on November 7, 2023. General elections in Louisiana took place on November 18, 2023.
- Democrats gained one state legislative chamber by winning partisan control of the Virginia House of Delegates. Democrats maintained control of the state Senate. Virginia's trifecta status remained divided.
- Republicans were guaranteed simple majorities in both Mississippi's House and Senate and Louisiana's House and Senate due to the number of districts where candidates from only one political party ran.
- Democrats maintained partisan control of both chambers of the New Jersey state legislature.
Analysis
- State legislative special elections
- Impact of term limits
- Primary competitiveness
- Incumbents defeated
- Contested primaries
- Open seats
- Incumbents in contested primaries
- Major party competition
- Annual report
- Veto-proof state legislatures and opposing party governors
- Rematches in 2023 general elections
- Ballotpedia's Top 15 Elections to Watch, 2023
- Election results, 2023: State legislative veto-proof majorities
- Uncontested races by state
- Incumbent win rates by state
- Results of elected officials seeking other offices
- Minor-party candidates who won more than the margin of victory
- State legislative seats that changed party control
- State legislative races decided by fewer than 100 votes
- State legislative elections without a Democratic or Republican candidate, 2023
- Margin of victory analysis
- Candidates with the same last names
- Trends in the margins of victory for incumbents of three or more terms, 2018-2024
State executive elections
- See also: State executive official elections, 2023
Analysis
- State executive official elections overview
- Gubernatorial elections
- Secretary of State elections
- Attorney General elections
- Historical and potential changes in trifectas
- Trifecta vulnerability
- State government trifectas
- States with multiple statewide offices up for election
- State executive official elections without a Democratic or Republican candidate, 2023
- Impact of term limits
- Annual State Executive Competitiveness Report, 2023
- Ballotpedia's Top 15 Elections to Watch, 2023
- Uncontested races by state
- Incumbent win rates by state
- Trends in the margins of victory for incumbents of three or more terms, 2018-2024
State judicial elections
- See also: State judicial elections, 2023
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.
The number of state supreme court and intermediate court elections is subject to change if judges retire or are appointed.
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.
Analysis
- State supreme court elections, 2023
- State judicial elections, 2023
- Ballotpedia's Top 15 Elections to Watch, 2023
- Uncontested races by state
- Incumbent win rates by state
- Trends in the margins of victory for incumbents of three or more terms, 2018-2024
State ballot measures
- See also: 2023 ballot measures
In 2023, 41 statewide ballot measures were certified for the ballot in eight states—Colorado, Louisiana, Maine, New York, Ohio, Oklahoma, Texas, and Wisconsin. That's the highest number of state ballot measures for an odd-numbered year since 2007. Voters approved 33 (80.49%) and rejected eight (19.51%).
- Between March and August 2023, voters in three states decided on five ballot measures. Voters approved three and rejected two of these measures.
- On October 14, voters in Louisiana approved four constitutional amendments, including Amendment 1, which addressed private financing of election administration, and Amendment 2, which provided state constitutional rights regarding places of worship.
- On November 7, voters in five states decided on 28 ballot measures, including six citizen-initiated ballot measures (two in Ohio, and four in Maine). Voters approved 23 and rejected five ballot measures on November 7.
- On November 18, the last statewide ballot measure election of 2023, voters in Louisiana decided on an additional four constitutional amendments. Voters approved three and rejected one constitutional amendment.
Analysis
- Ballotpedia's top 10 ballot measures to watch, 2023
- Ballot measure campaign finance, 2023
- Ballotpedia: Analysis of the 2023 local ballot measures in the largest U.S. cities and state capitals
- Analysis of the 2023 local ballot measures in California
Previous elections
2022
- See also: State supreme court elections, 2022
In 2022, 29 states held elections for 84 state supreme court seats. Republicans gained three seats, and a Democrat gained one seat. As a result, Republicans gained a majority on the North Carolina Supreme Court, and Democrats gained no new majorities.
Two incumbents were defeated. In Illinois, Mary O'Brien (D) defeated Michael Burke (R). In North Carolina, Trey Allen (R) defeated Sam Ervin IV (D).
2021
- See also: State supreme court elections, 2021
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.
2020
- See also: State supreme court elections, 2020
Thirty-five states held state supreme court elections in 2020. In total, 78 of the nation’s 344 state supreme court seats were up for election. At 23%, this was the greatest number of seats up for election in recent years.
Click [show] at the right to view more past election results. | |
|---|---|
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
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
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
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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% | ||
See also
- Judicial selection in the states
- Ballotpedia Courts: State Partisanship
- Ballotpedia Courts: Determiners and Dissenters
- State supreme court opinions
External links
Footnotes
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