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, 73 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:
- 55 are held by nonpartisan justices
- 16 are held by Republican justices
- 2 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.
- On the ballotA list of elections and candidates on the ballot
- Election methodsA description of the different election methods
- Previous electionsA summary of elections in past cycles
- Incumbent win ratesAn 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.
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 16 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 23 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 34 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. Two 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
As of research conducted in 2025, thirty-three states are holding state supreme court elections in 2026. In total, 62 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.
2025
- See also: State supreme court elections, 2025
Three states—Louisiana, Pennsylvania, and Wisconsin—are holding 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 are 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
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% |
Election coverage by office
See also
- Judicial selection in the states
- Past state supreme court elections: 2027 • 2026 • 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 • 2016
- Past state judicial elections: 2027 • 2026 • 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 • 2016
- Past election analysis: 2027 • 2026 • 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018
Footnotes
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