State judicial elections, 2023

2023 State
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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.

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.

On this page, you will find:

* Information on the different methods of selecting judges
* Information on the different types of courts
* A list of state intermediate appellate court elections in 2023
* A list of state supreme court elections in 2023
* Information on incumbent win rates among state supreme court justices

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

## Contents

* 1 Judicial selection methods
* 1.1 Election-based methods
* 1.2 Appointment-based methods
* 2 Types of courts
* 2.1 Limited jurisdiction courts
* 2.2 General jurisdiction courts
* 2.3 Intermediate appellate courts
* 2.4 Courts of last resort
* 3 State supreme court offices up for election in 2023
* 4 State intermediate court offices up for election in 2023
* 5 State supreme court incumbent win rates
* 5.1 Incumbent win rates by year
* 5.2 Incumbent win rates in partisan elections
* 5.3 Incumbent win rates in nonpartisan elections
* 5.4 Incumbent win rates by state
* 5.5 Incumbent win rates in partisan elections
* 5.6 Incumbent win rates in nonpartisan elections
* 5.7 Incumbent win rates by state
* 6 Historical election data
* 6.1 Courts of last resort
* 6.1.1 Retention
* 6.1.2 Non-retention
* 6.2 Intermediate appellate courts
* 6.2.1 Retention
* 6.2.2 Non-retention
* 7 See also
* 8 External links
* 9 Footnotes

## Judicial selection methods[edit]

See also: Judicial selection in the states

Methods of judicial selection vary substantially across the United States.[1] Though each state has a unique set of guidelines governing how they fill their state and local judiciaries, there are five main methods. Two methods are primarily election-based; three methods are primarily appointment-based.

### Election-based methods[edit]

* Partisan elections: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
* Nonpartisan elections: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.

### Appointment-based methods[edit]

* Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
* Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. After serving an initial term, judges typically run in a yes-no retention election to remain on the court.[2] At the state supreme court level, this selection method is further divided into three types. Click here to learn more.
* Legislative elections: Judges are selected by the state legislature.

States may apply more than one of the five methods across different levels of courts. For example, a state may choose its appellate court judges by assisted appointment while choosing its trial court judges in partisan elections. Some states may even select judges of the same court level differently depending on the population of an area or local opinion.[1][2] States may also modify any of the systems above in their own way. The assisted appointment method, in particular, comes in a variety of forms. For instance, some states require the governor to choose from the commission's list of nominees, while in other states the list is only a suggestion.[1]

## Types of courts[edit]

Depending on your state, judges from several different types of courts may appear on the ballot, each with different jurisdictions. There are four types of courts, listed here in ascending order of jurisdiction:

1. Limited jurisdiction courts
2. General jurisdiction courts
3. Intermediate appellate courts
4. Courts of last resort

### Limited jurisdiction courts[edit]

Limited jurisdiction is a term used to describe courts with legal authority restricted to specific subjects, cases, or persons. Examples of limited jurisdiction courts include family courts, traffic courts, probate courts, and military courts.[3] Forty-six states have limited jurisdiction courts. Washington, D.C., and four states (California, Illinois, Iowa, and Minnesota) do not have such courts.[4] Rather, their general jurisdiction courts are assigned cases that might normally have been given to a limited jurisdiction court.

### General jurisdiction courts[edit]

General jurisdiction is a term used to describe courts that do not have limits on the type of cases they can hear. Cases typically originate in general jurisdiction courts, and their decisions can be appealed to intermediate appellate courts. All 50 states and Washington, D.C., have general jurisdiction courts. General jurisdiction courts are sometimes referred to as trial courts or district courts.

### Intermediate appellate courts[edit]

See also: State intermediate appellate court elections, 2023

Intermediate appellate courts, as their name suggests, serve as an intermediate step between the trial courts and the courts of last resort in a state. Their jurisdiction varies from state to state.

Forty-two states have at least one intermediate appellate court. Some states have more than one of these types of courts. For example, Alabama has one intermediate appellate court for civil matters and another for criminal matters. Pennsylvania's superior court and commonwealth court are both appellate courts but have different jurisdictions. Other states, such as Illinois and California, have multiple divisions of intermediate appellate courts with varying degrees of independence from each other. Intermediate appellate courts are sometimes called courts of appeal.

### Courts of last resort[edit]

See also: State supreme court elections, 2023

A state court of last resort is the highest judicial body within a jurisdiction's court system. It is a court with the highest appellate authority, meaning that its rulings are not subject to review by any other court in the state. A court of last resort is often, but not always, referred to as a supreme court.[5]

All 50 states and Washington, D.C., have at least one court of last resort. Oklahoma and Texas both have two courts of last resort, one for civil appeals and one for criminal appeals.

## State supreme court offices up for election in 2023[edit]

See also: State supreme court elections, 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 | 1 | 2
| Republican Party | 1 | 0
Total |  2 |  2

The map below highlights states that held supreme court elections in 2023 by the party of the winning candidate.

## State intermediate court offices up for election in 2023[edit]

See also: State intermediate appellate court elections, 2023

The following states held elections for intermediate appellate court seats in 2023.

Hover over or click a state on the map below to see the number of seats up and the selection method used in that state.

2023 State Intermediate Appellate Court Elections

State  | Seats up for election  | Election method  | Previous election (court)
Louisiana | 2 | Partisan | 2022
Pennsylvania | 5 | Partisan & Retention | 2021
Washington | 4 | Nonpartisan | 2022
Wisconsin | 2 | Nonpartisan | 2022

## State supreme court incumbent win rates[edit]

### Incumbent win rates by year[edit]

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[edit]

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[edit]

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[edit]

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[edit]

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[edit]

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[edit]

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%

## Historical election data[edit]

There were 1,291 state judicial elections held from 2016 to 2022.

State judicial elections, 2016-2022

Year  | Court of last resort seats  | Intermediate appellate court seats  | Total
2022 | 84 | 298 | 382
2021 | 1 | 14 | 15
2020 | 78 | 201 | 279
2019 | 3 | 14 | 17
2018 | 68 | 244 | 312
2017 | 4 | 17 | 21
2016 | 76 | 189 | 265
Total | 314 | 977 | 1,291

### Courts of last resort[edit]

#### Retention[edit]

From 2016 to 2022, retention elections took place for 124 judicial seats on courts of last resort. All but one of those judges were retained.

#### Non-retention[edit]

There were 190 non-retention elections held from 2016 to 2022, with 125 races contested (65.8%). Incumbents ran for re-election 74.7% of the time. Of the incumbents who ran for re-election, 88.7% won re-election.

The table below is organized by year and includes the total number of seats up for election, the number of contested seats, the number and percentage of incumbents who sought re-election, the number and percentage of incumbents who faced opposition, and the number and percentage of incumbents who won another term.

Court of last resort elections, 2016-2022

Year  | Total seats  | Seats contested  | Incumbents who
sought re-election  | % incumbents who
sought re-election  | Incumbents who
faced opposition  | % incumbents who
faced opposition  | Incumbents who
were re-elected  | % incumbents who
were re-elected
2022 | 48 | 30 | 34 | 70.8% | 21 | 61.8% | 32 | 94.1%
2021 | 1 | 1 | 0 | 0.0% | 0 | 0.0% | 0 | 0.0%
2020 | 49 | 37 | 41 | 83.7% | 29 | 70.7% | 36 | 87.8%
2019 | 3 | 3 | 0 | 0.0% | 0 | 0.0% | 0 | 0.0%
2018 | 45 | 25 | 34 | 75.6% | 19 | 55.9% | 28 | 82.4%
2017 | 2 | 1 | 2 | 100% | 1 | 50.0% | 2 | 100%
2016 | 42 | 28 | 31 | 73.8% | 17 | 54.8% | 28 | 90.3%
Total | 190 | 125 | 142 | 74.7% | 87 | 61.3% | 126 | 88.7%

### Intermediate appellate courts[edit]

#### Retention[edit]

From 2016 to 2022, retention elections took place for 429 judicial seats on intermediate appellate courts. All were retained.

#### Non-retention[edit]

There were 548 non-retention elections from 2016 to 2022, with 233 races contested (42.5%). Incumbents ran for re-election 76.6% of the time. Of the incumbents who ran for re-election, 85.7% won re-election.

The table below is organized by year and includes the total number of seats up for election, the number of contested seats, the number and percentage of incumbents who sought re-election, the number and percentage of incumbents who faced opposition, and the number and percentage of incumbents who won another term.

Intermediate appellate court elections, 2016-2022

Year  | Total seats  | Seats contested  | Incumbents who
sought re-election  | % incumbents who
sought re-election  | Incumbents who
faced opposition  | % incumbents who
faced opposition  | Incumbents who
were re-elected  | % incumbents who
were re-elected
2022 | 148 | 51 | 114 | 77.0% | 29 | 25.4% | 103 | 90.4%
2021 | 10 | 5 | 5 | 50.0% | 3 | 60.0% | 3 | 60.0%
2020 | 117 | 57 | 93 | 79.5% | 37 | 39.8% | 84 | 90.3%
2019 | 10 | 7 | 5 | 50.0% | 0 | 0.0% | 5 | 100.0%
2018 | 142 | 69 | 112 | 78.9% | 44 | 39.3% | 82 | 73.2%
2017 | 16 | 11 | 6 | 37.5% | 3 | 50.0% | 4 | 66.7%
2016 | 105 | 33 | 85 | 81.0% | 20 | 23.5% | 79 | 92.9%
Total | 548 | 233 | 420 | 76.6% | 136 | 32.4% | 360 | 85.7%

## See also[edit]

* Judicial elections on Ballotpedia

* State supreme court elections, 2020

* State intermediate appellate court elections, 2020

* Local trial court judicial elections, 2020

## External links[edit]

* Search Google News for this topic

## Footnotes[edit]

1. ↑ 1.0 1.1 1.2 American Judicature Society, "Methods of Judicial Selection," archived February 2, 2015
2. ↑ 2.0 2.1 American Bar Association, "Judicial Selection: The Process of Choosing Judges," June 2008
3. ↑ US Legal, "Limited Jurisdiction Law & Legal Definition," accessed December 17, 2015
4. ↑ National Center for State Courts, "Limited Jurisdiction Courts—Challenges, Opportunities, and Strategies for Action," accessed September 23, 2015
5. ↑ U.S. Legal, "Court of last resort Definition," accessed August 25, 2013

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