Supreme Weekly: Comparing votes from the 2010 election

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Ballotpedia:Original Content project

May 12, 2011

Recent events have increased the debate over judicial selection across the nation, especially in the state Supreme Courts. The hotly contested election for the Wisconsin Supreme Court encouraged national editorials demanding a switch to merit selection for state Supreme Court judges, while conservative state legislatures have concentrated on removing restrictions that differentiate between judicial and legislative elections.

At the core of both arguments is the voters. Fans of merit selection imply that average voters do not have interest in judicial elections, or are unable to obtain information to reasonably elect judges. Those in favor of electing judges maintain that the strength of a democracy lies with representatives being held accountable for decisions made in office.

So how many people actually cast a ballot in judicial elections? Are voters apathetic about judicial elections? This week, we combed through the official summary reports from the states that held Supreme Court judicial elections last year to find out.


Notes on the table
We compared the number of voters for a Supreme Court race (or average of, if there were multiple races) to the number of voters for the highest executive or legislative race in the state. The first choice was to compare voters for two statewide races, but if no governor was elected in 2010, we used a federal Senator or Representative race.
In order to obtain a difference, we assumed that those who voted for a Supreme Court race also voted for the highest race on the ticket in the state.
Highlighted states held retention races for the Supreme Court.
*Idaho is the only state where the totals came from different elections. The judges in the state were elected in the primary election and the governor in the general.


State Number of votes for Supreme Court race Number of votes for highest executive/legislative race Percentage difference
Alabama Average of three races: 1,446,579 Governor: 1,494,273 Difference of 47,694 votes or 3.2% [1]
Alaska 233,409 Senator: 255,962 Difference of 22,553 votes or 8.8%[2]
Arizona 1,198,621 Governor: 1,728,081 votes Difference of 529,460 or 30.6%[3]
Colorado Average of three races: 1,438,211 Governor: 1,787,730 Difference of 349,519 or 19.5%[4]
Florida Average of four races: 4,448,139 Governor: 5,359,735 Difference of 911,596 votes or 17%[5]
Georgia 2,090,164 Governor: 2,576,161 Difference of 485,997 votes or 18.8%[6]
Idaho** Average of two races: 158,266 Governor: 452,535 Difference of 294,269 votes or 65%[7]
Iowa Average of three races: 1,133,403 Governor: 1,133,430 Difference of 27 votes or >.01%[8]
Kansas Average of four races: 700,557 Governor: 838,790 Difference of 138,233 votes or 16.4%[9]
Michigan Average of two races: 2,351,531 Governor: 3,226,088 Difference of 874,557 votes or 27.1%[10]
Minnesota Average of three races: 1,520,874 Governor: 2,107,021 Difference of 586,147 votes or 27.8%[11]
Missouri 1,640,460 Senator: 1,943,899 Difference of 303,439 votes or 15.6%[12]
Montana Average of a contested and retention election: 314,260 Representative: 360,341 Difference of 46,081 or 12.7%[13]
North Carolina 2,012,869 Senate: 2,660,079 Difference of 647,210 votes or 24.3%[14]
Ohio Average of three races: 2,907,194 Governor: 3,852,453 Difference of 945,259 or 24.5%[15]
Oklahoma Average of two races: 883,343 Governor: 1,034,767 Difference of 151,424 votes or 14.6%[16]
Texas Average of three races: 4,843,501 Governor: 4,979,870 Difference of 136,369 votes or 2.7%[17]
Washington Average of three races: 1,728,648 Senator: 2,511,094 Difference of 728,446 votes or 29%[18]
West Virginia 471,291 Senator: 529,948 Difference of 58,657 votes or 11%[19]
Wyoming Average of two races: 159,336 Governor: 188,530 Difference of 29,194 votes or 15.4%[20]

Perhaps unsurprisingly, in not one state did more voters case ballots for the judicial races over the legislative/executive races. However, the disparity in people voting for these races remains consistent across states with retention elections or standard election of judges. This suggests that perhaps other factors are equally important in the consideration of voter participation.

See also

Footnotes