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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, 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.

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 method
Alabama2Partisan
Alaska1Retention
Arizona4Retention
Arkansas1Nonpartisan
Colorado1Retention
Florida4Retention
Georgia3Nonpartisan
Idaho2Nonpartisan
Indiana1Retention
Iowa4Retention
Kansas6Retention
Kentucky1Nonpartisan
Louisiana2Partisan
Michigan1Partisan
Minnesota1Nonpartisan
Mississippi4Nonpartisan
Montana2Nonpartisan
Nebraska5Retention
Nevada2Nonpartisan
New Mexico1Retention
North Carolina3Partisan
North Dakota1Nonpartisan
Ohio3Partisan
Oklahoma4Retention
Oregon1Nonpartisan
South Dakota1Retention
Texas6Partisan
Washington3Nonpartisan
Wisconsin1Nonpartisan
Wyoming2Retention

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

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    Attorney general
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    Other state executives
  • State legislatures
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    Local ballot measures
  • State judges
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  • Municipal government
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  • School boards
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  • Recalls
    Recalls

See also

Footnotes