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State supreme court elections, 2028

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As of research conducted in 2025, thirty states are holding state supreme court elections in 2028. In total, 72 of the 344 seats on state supreme courts are up for election. The number of seats up for election may change due to resignations and appointments. Of these seats:

  • 53 are held by nonpartisan justices
  • 16 are held by Republican justices
  • 3 are held by Democratic justices

In addition, in the U.S. Territories, two supreme court judges will be on the ballot in retention elections in 2028. One judge on the Guam Supreme Court and one judge on the Northern Mariana Islands Supreme Court must stand for retention to remain on the bench.

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

Explore Ballotpedia's coverage of these elections:
  • On the ballot
    A list of elections and candidates on the ballot
  • Election methods
    A description of the different election methods
  • Previous elections
    A summary of elections in past cycles
  • Incumbent win rates
    An analysis of incumbent win rates in state supreme court elections


On the ballot

Click the tabs below to view information about the elections this year. In this section, you will find:

  • A list of seats up for election
  • A list of candidates running
  • Ballotpedia's Sample Ballot Lookup Tool

The following states are holding an election for a state supreme court seat in 2028. This list is subject to change if judges retire or are appointed.



2028 State Supreme Court Elections
StateSeats up for electionElection datesElection method
Alabama3November 7, 2028Partisan
Alaska1November 7, 2028Retention
Arizona4November 7, 2028Retention
Arkansas1March 7, 2028Nonpartisan
Colorado1November 7, 2028Retention
Florida4November 7, 2028Retention
Georgia3May 23, 2028Nonpartisan
Idaho2May 16, 2028Nonpartisan
Illinois1November 7, 2028Partisan and retention
Indiana1November 7, 2028Retention
Iowa4November 7, 2028Retention
Kansas5November 7, 2028Retention
Kentucky1November 7, 2028Nonpartisan
Louisiana1November 7, 2028Partisan
Michigan1November 7, 2028Partisan
Minnesota1November 7, 2028Nonpartisan
Mississippi4November 7, 2028Nonpartisan
Montana2November 7, 2028Nonpartisan
Nebraska5November 7, 2028Retention
Nevada2November 7, 2028Nonpartisan
New Mexico1November 7, 2028Retention
North Carolina3November 7, 2028Partisan
North Dakota1November 7, 2028Nonpartisan
Ohio3November 7, 2028Partisan
Oklahoma4November 7, 2028Retention
Oregon1November 7, 2028Nonpartisan
South Dakota1November 7, 2028Retention
Texas6November 7, 2028Partisan
Washington2November 7, 2028Nonpartisan
Wisconsin1April 4, 2028Nonpartisan
Wyoming2November 7, 2028Retention

State supreme court election methods

See also: Judicial selection in the states

Thirty-eight states hold elections at some point in the selection process for state supreme court justices, using either partisan elections, nonpartisan elections, or retention elections. In the other 12 states, justices are appointed by governors or the 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 2028, there are 15 partisan state supreme court elections.

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 selection method, click here.

In 2028, there are 22 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 2028, there are 33 retention elections for state supreme court seats.

Previous elections

2027

See also: State supreme court elections, 2027

As of research conducted in 2023, two states—Pennsylvania and Wisconsin—are holding state supreme court elections in 2027. Three seats on the Pennsylvania Supreme Court and one seat on the Wisconsin Supreme Court are on the ballot. The number of seats up for election may change due to resignations and appointments.

2026

See also: State supreme court elections, 2026

Thirty-two states are holding state supreme court elections in 2026. In total, 64 of the 344 seats on state supreme courts are up for election.

2025

See also: State supreme court elections, 2025

Three states—Louisiana, Pennsylvania, and Wisconsin—held state supreme court elections in 2025. One seat on the Louisiana Supreme Court, three seats on the Pennsylvania Supreme Court, and one seat on the Wisconsin Supreme Court were on the ballot.

2024

See also: State supreme court elections, 2024

Thirty-three states held state supreme court elections in 2024. In total, 82 of the 344 seats on state supreme courts were up for election.

2023

See also: State supreme court elections, 2023

One state—Wisconsin—held state supreme court elections in 2023. Justice Patience Roggensack's seat on the Wisconsin Supreme Court was on the ballot.

2022

See also: State supreme court elections, 2022

Thirty states held state supreme court elections in 2022. In total, 84 of the 344 seats on state supreme courts were up for election.

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

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

Click the tabs below to view information about incumbent win rates in state supreme court elections over time. In this section, you will find:

  • Win rates by year
  • Win rates in partisan elections
  • Win rates in nonpartisan elections
  • Win rates in retention elections
  • Win rates by state

Across all types of state supreme court elections, incumbent justices running for re-election won 92% of the time from 2008 to 2025. The year when the most incumbents lost was 2024, when eight incumbents did not win re-election. The year with the lowest re-election rate was 2015, when out of two justices, only one (50%) was re-elected. In years where more justices were running, the year with the lowest re-election rate was 2024, when 85% of justices were re-elected..

Incumbent win rates in state supreme court elections (2008-2025)
Election yearTotal incumbent electionsIncumbent elections wonIncumbent elections lostIncumbent win rate
2025330100%
20247264885%
20230
20227875394%
20210
20207065592%
20190
20185953687%
2017440100%
20166562395%
201521150%
20147371298%
2013220100%
20126863590%
2011220100%
20106862693%
2009110100%
20086357690%
TOTAL6305854592%

Election coverage by office

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  • Recalls
    Recalls

See also

Footnotes