Idaho judicial elections

Judges in Idaho participate in nonpartisan elections in even-numbered years. These elections are primarily decided during the state's primary election. Judges must run for re-election in nonpartisan elections for subsequent terms. The exception are Magistrate Division candidates, who face retention in the general election.^[1]^[2]

Idaho is one of seven states that use nonpartisan elections to initially select judges and then use retention elections to determine whether judges should remain on the bench. To read more about how states use judicial elections to select judges across the country, click here.

Supreme Court	Court of Appeals	District Court	Magistrate Division
Nonpartisan election - Six-year terms	Nonpartisan election - Six-year terms	Nonpartisan election - Four-year terms	Retention election - Four-year terms

Elections[edit]

Election rules[edit]

Primary election[edit]

District court races are decided during the state's primary election. However, if no candidate in a judicial race receives over 50 percent of the votes in the primary, the two candidates who received the greatest number of votes advance to the general election, which functions as a sort of judicial runoff election.^[3]

If a race advances to the general election, but one of the candidates leaves the race before that time, the candidate who received the next highest number of votes in the primary takes their spot on the general election ballot. In such a situation, if there is a tie for third place in the primary, the candidate to advance to the general election is chosen by lot by the secretary of state.^[4]

Retention election[edit]

Magistrates stand for retention in the general election, which is held in November. Judges file for retention in August. Specifically, they must file their declaration of candidacy no less than 90 days prior to the election.

The ballot includes the following language for such elections: "Shall Magistrate __ of __ County of the __ Judicial District be retained in office?" The voter may then choose to answer either "Yes" or "No". The magistrate must receive a majority of "yes" votes to be retained to a new term.^[5]

Fees[edit]

The filing fee for supreme court and court of appeals candidates is $300. Candidates for the district courts must pay $150. Alternately, candidates may collect signatures in order to waive the filing fee. Supreme court and court of appeals candidates are required to collect 1,000 signatures and district court candidates are required to collect 200 (as of 2014).^[6]^[7]^[8]^[9]

Contests[edit]

The Idaho Supreme Court hears contests or disputes regarding most judicial elections in the state. Contests regarding the magistrate elections are decided by the appropriate district court.^[10]

Footnotes[edit]

Idaho courts

Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Idaho • U.S. Bankruptcy Court: District of Idaho

State courts:

Idaho Supreme Court • Idaho Court of Appeals • Idaho District Courts • Idaho Magistrate Division

State resources:

Courts in Idaho • Idaho judicial elections • Judicial selection in Idaho

[1] Idaho Secretary of State, "On The Ballot In 2014," accessed April 28, 2014

[magistrate-2] Idaho Statutes, "Title 1. Courts and Court Officials, Chapter 22, 1-2220" accessed April 28, 2014

[3] Idaho Statutes, "Title 34. Elections, Chapter 12, 34-1217," accessed April 28, 2014

[4] Idaho Statutes, "Title 34. Elections, Chapter 12, 34-716," accessed April 28, 2014

[5] Idaho Legislature, "Idaho Statutes, Title 1, Chapter 22," accessed September 25, 2017

[6] Idaho Statutes, "Title 34. Elections, Chapter 6, 34-615," accessed April 28, 2014

[7] Idaho Secretary of State, "2014 Guidelines for Filing for the Office of Supreme Court Justice or Court of Appeals Judge," accessed April 28, 2014

[8] Idaho Statutes, "Title 34. Elections, Chapter 6, 34-616," accessed April 28, 2014

[9] Idaho Secretary of State, "2014 Guidelines for Filing for the Office of District Judge," accessed April 28, 2014

[10] Idaho Statutes, "Title 34. Elections, Chapter 20, 34-2004," accessed April 28, 2014

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