State supreme court elections, 2020
| 2020 State Judicial Elections | |
|---|---|
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- See also: State supreme court vacancies, 2020
Thirty-five states held state supreme court elections in 2020. In total, 78 of the nation’s 344 state supreme court seats were up for election.
Of these seats, at the start of 2020:
- 59 were held by nonpartisan justices
- 12 were held by Republican justices
- Seven were held by Democratic justices
Twenty-nine states held their judicial elections on November 3, 2020. Five states held their judicial elections before that date, and one state held its judicial elections in December.
Twenty-three percent of the nation’s state supreme court seats were up for election in 2020. Click here for a comparison to previous years.
On this page, you will find:
- Information on the different methods of electing judges
- A list of state supreme court elections in 2020
- Information on noteworthy elections that had potential to shift partisan control of a court
- Information on previous state supreme court elections
- Information on historical win rates of incumbent state supreme court justices
Click on the links below for information on:
- State intermediate appellate court elections
- Local trial court elections
- Supreme Court vacancies in states where replacements are appointed
2020 election: before and after
The following table shows the number of partisan and nonpartisan seats up for election in 2020 and the number of seats held by each party before and after the 2020 elections.
| State supreme court seats, 2020 | |||
|---|---|---|---|
| Category | Democrats | Republicans | Other |
| Pre-election composition | 21 | 39 | 284 |
| Up for election | 7 | 12 | 59 |
| Winners | 4 | 14 | 59 |
| Post-election composition | 19[1] | 41 | 284 |
Overview of election methods
- See also: Judicial selection in the states
There are 38 states which hold elections to select their supreme court justices. The other 12 states use gubernatorial appointments or have state legislatures or commissions choose who serves on the court of last resort. In states that hold elections, the methods of election vary. Judges may run in partisan elections or nonpartisan elections, or they may stand for retention.
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 2020, there were 18 partisan state supreme court elections. Of these elections, there were:
- 12 Republican-controlled seats
- six Democrat-controlled seats
Nonpartisan election of judges
In a nonpartisan election, some states require 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 2020, there were 31 nonpartisan state supreme court elections. Of these elections, there were:
- 31 nonpartisan seats.
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 2020, there were 29 retention state supreme court elections. Of these elections, there were:
- 28 nonpartisan seats
- one Democratic-controlled seat
List of elections in 2020
The map and table below detail which states held elections for supreme court seats in 2020. The darker shade of green a state appears in the map, the more seats were on the ballot. States shown in gray in the map did not hold supreme court elections in 2020.
| 2020 State Supreme Court Elections | |||
|---|---|---|---|
| State | Seats up for election | Election method | General election date |
| Alabama | 2 | Partisan | November 3, 2020 |
| Alaska | 1 | Retention | November 3, 2020 |
| Arizona | 3 | Retention | November 3, 2020 |
| Arkansas | 1 | Nonpartisan | March 3, 2020 |
| Colorado | 2 | Retention | November 3, 2020 |
| Florida | 1 | Retention | November 3, 2020 |
| Georgia | 2 | Nonpartisan | June 9, 2020 |
| Idaho | 2 | Nonpartisan | May 19, 2020 |
| Illinois | 3 | Partisan (2) Retention (1) |
November 3, 2020 |
| Indiana | 1 | Retention | November 3, 2020 |
| Iowa | 4 | Retention | November 3, 2020 |
| Kansas | 1 | Retention | November 3, 2020 |
| Kentucky | 1 | Nonpartisan | November 3, 2020 |
| Louisiana | 2 | Partisan | December 5, 2020 |
| Maryland | 3 | Retention | November 3, 2020 |
| Michigan | 2 | Nonpartisan | November 3, 2020 |
| Minnesota | 1 | Nonpartisan | November 3, 2020 |
| Mississippi | 4 | Nonpartisan | November 3, 2020 |
| Missouri | 1 | Retention | November 3, 2020 |
| Montana | 2 | Nonpartisan | November 3, 2020 |
| Nebraska | 2 | Retention | November 3, 2020 |
| Nevada | 2 | Nonpartisan | November 3, 2020 |
| New Mexico | 2 | Partisan | November 3, 2020 |
| North Carolina | 3 | Partisan | November 3, 2020 |
| North Dakota | 1 | Nonpartisan | November 3, 2020 |
| Ohio | 2 | Nonpartisan | November 3, 2020 |
| Oklahoma | 5 | Retention | November 3, 2020 |
| Oregon | 3 | Nonpartisan | November 3, 2020 |
| South Dakota | 1 | Retention | November 3, 2020 |
| Texas | 7 | Partisan | November 3, 2020 |
| Utah | 1 | Retention | November 3, 2020 |
| Washington | 4 | Nonpartisan | November 3, 2020 |
| West Virginia | 3 | Nonpartisan | May 12, 2020 |
| Wisconsin | 1 | Nonpartisan | April 7, 2020 |
| Wyoming | 2 | Retention | November 3, 2020 |
Noteworthy elections
Heading into the election, Ballotpedia identified eight state supreme courts that presented the opportunity for one party to disrupt or take control of the court from another party. One of these states had a majority of justices affiliated with the Democratic Party, three had a majority of justices affiliated with the Republican Party, and four had courts with no partisan majority. Based on analysis of these courts' partisan affiliations, these states had the potential to be more competitive than other races and could possibly have led to shifts in a court's partisan balance.
In 2020, Ballotpedia conducted a study in which we examined the partisan affiliations of state supreme court justices. In our work, we gathered a variety of data on 341 active state supreme court justices across the 50 states in order to understand their partisan affiliations. Based on this research, we placed each justice in categories indicating our confidence in their affiliations with either the Democratic or Republican Parties.
Using public voter registration data, media reports, and Ballotpedia’s own study of judicial partisanship, we determined the partisan balances on state supreme courts and identified the states where there was a chance for a shift in the partisan control of the state supreme court.
| State supreme courts with noteworthy elections |
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 Illinois
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 Maryland
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 Michigan
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| Missouri
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| Nevada
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| Ohio
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| Oklahoma (Supreme Court)
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| West Virginia
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Illinois Supreme Court
What party had a majority of affiliated justices on the court heading into the election?
| The court had a majority of Democrat-affiliated justices. There were four Democrat-affiliated justices and three Republican-affiliated justices. |
Which incumbents have seats that were up for election?
| P. Scott Neville (Partisan election
Lloyd Karmeier (Partisan election, Karmeier is not running for reelection). |
What was at stake?
|
Maryland Supreme Court
What party had a majority of affiliated justices on the court heading into the election?
| The court had no partisan majority. There were three Democrat-affiliated justices, one Republican-affiliated justice, and three justices with an indeterminate affiliation. |
Which incumbents have seats that were up for election?
| Brynja McDivitt Booth (Retention election)
Mary Ellen Barbera (Retention election). |
What was at stake?
|
Who won?
|
Justice Barbera won retention. The partisan balance on the court stayed the same. |
Michigan Supreme Court
What party had a majority of affiliated justices on the court heading into the election?
| The court had a majority of Republican-affiliated justices. There were three Democrat-affiliated justices and four Republican-affiliated justices. |
Which incumbents have seats that were up for election?
|
Stephen Markman (Nonpartisan election with partisan endorsements, Markman reached the mandatory retirement age of 70 years and is not eligible to run for re-election.) |
What was at stake?
|
Who won?
|
Justice McCormack held her place as Chief Justice, and Elizabeth Welch (D) won Justice Markman’s seat. The partisan balance on the court flipped to 4-3, with Democrats controlling the court. |
Missouri Supreme Court
What party had a majority of affiliated justices on the court heading into the election?
| The court had no partisan majority. There were three Democrat-affiliated justices, three Republican-affiliated justices, and one unaffiliated justice. |
Which incumbents have seats that were up for election?
|
Patricia Breckenridge (Retention election). |
What was at stake?
|
Who won?
|
Justice Breckenridge won retention. The partisan balance on the court stayed the same. |
Nevada Supreme Court
What party had a majority of affiliated justices on the court heading into the election?
| The court had no partisan majority. There were two Democrat-affiliated justices, three Republican-affiliated justices, and two unaffiliated justice. |
Which incumbents have seats that were up for election?
|
Mark Gibbons (Nonpartisan election, Gibbons did not file for re-election in 2020). |
What was at stake?
|
Who won?
|
Douglas Herndon defeated Ozzie Fumo for a position on the court while Kris Pickering ran unopposed and maintained her seat. |
Ohio Supreme Court
What party had a majority of affiliated justices on the court heading into the election?
| The court had a majority of Republican-affiliated justices. There were two Democrat-affiliated justices and five Republican-affiliated justices. |
Which incumbents have seats that were up for election?
|
Sharon L. Kennedy (Nonpartisan election with partisan primary). |
What was at stake?
|
Who won?
|
Justice Sharon Kennedy (R) defended her seat by winning election against John P. O’Donnell (D) while justice Judith French (R) lost to Jennifer Brunner (D). The partisan balance on the court is now 3-4, with Republicans controlling the court. |
Oklahoma Supreme Court
What party had a majority of affiliated justices on the court heading into the election?
| The court had no partisan majority. There were four Democrat-affiliated justices, four Republican-affiliated justices, and one unaffiliated justice. |
Which incumbents have seats that were up for election?
|
Richard Darby (Retention election). |
What was at stake?
|
Who won?
|
All three justices won retention. The partisan balance on the court stayed the same. |
West Virginia Supreme Court
What party had a majority of affiliated justices on the court heading into the election?
| The court had a majority of Republican-affiliated justices. There was one Democrat-affiliated justice and four Republican-affiliated justices. |
Which incumbents have seats that were up for election?
|
Margaret Workman (Nonpartisan election). |
What was at stake?
|
Who won?
|
William Wooten (D) won Workman's seat on the court while Armstead and Hutchison each won reelection. The partisan balance on the court stayed the same. |
Previous elections
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 93% of the time from 2008-2020. No more than six incumbent justices have 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 (2008-2020) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2020 | 70 | 64 | 6 | 91% | ||
| 2019 | 0 | 0 | 0 | None | ||
| 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 | 419 | 390 | 29 | 93% | ||
Incumbent win rates in partisan elections
In partisan elections, incumbents running for re-election won 90% of the time from 2008-2020. 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 (2008-2020) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2020 | 14 | 12 | 2 | 86% | ||
| 2019 | 0 | 0 | 0 | None | ||
| 2018 | 14 | 10 | 4 | 71% | ||
| 2017 | 3 | 3 | 0 | 100% | ||
| 2016 | 2 | 1 | 1 | 50% | ||
| 2015 | 0 | 0 | 0 | None | ||
| 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 | 0 | 0 | None | ||
| 2008 | 11 | 11 | 0 | 100% | ||
| Total | 78 | 70 | 8 | 90% | ||
Incumbent win rates in nonpartisan elections
In nonpartisan elections, incumbents running for re-election won 94% of the time from 2008-2020. 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 (2008-2020) | ||||||
|---|---|---|---|---|---|---|
| Election year | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| 2020 | 27 | 24 | 3 | 89% | ||
| 2019 | 0 | 0 | 0 | None | ||
| 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 | 312 | 292 | 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 2008-2020. 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 2008-2020.
| Incumbent win rates by state in state supreme court elections (2008-2020) | ||||||
|---|---|---|---|---|---|---|
| State | Total incumbent elections | Incumbent elections won | Incumbent elections lost | Incumbent win rate | ||
| Alabama | 9 | 7 | 2 | 78% | ||
| Alaska | 6 | 6 | 0 | 100% | ||
| Arizona | 11 | 11 | 0 | 100% | ||
| Arkansas | 3 | 3 | 0 | 100% | ||
| California | 8 | 8 | 0 | 100% | ||
| Colorado | 10 | 10 | 0 | 100% | ||
| Florida | 13 | 13 | 0 | 100% | ||
| Georgia | 14 | 14 | 0 | 100% | ||
| Idaho | 9 | 9 | 0 | 100% | ||
| Illinois | 10 | 9 | 1 | 90% | ||
| Indiana | 9 | 9 | 0 | 100% | ||
| Iowa | 17 | 14 | 3 | 82% | ||
| Kansas | 13 | 13 | 0 | 100% | ||
| Kentucky | 9 | 8 | 1 | 89% | ||
| Louisiana | 4 | 4 | 0 | 100% | ||
| Maryland | 6 | 6 | 0 | 100% | ||
| Michigan | 12 | 9 | 3 | 75% | ||
| Minnesota | 16 | 16 | 0 | 100% | ||
| Mississippi | 16 | 13 | 3 | 81% | ||
| Missouri | 6 | 6 | 0 | 100% | ||
| Montana | 11 | 11 | 0 | 100% | ||
| Nebraska | 11 | 11 | 0 | 100% | ||
| Nevada | 12 | 12 | 0 | 100% | ||
| New Mexico | 9 | 8 | 1 | 89% | ||
| North Carolina | 8 | 4 | 4 | 50% | ||
| North Dakota | 8 | 8 | 0 | 100% | ||
| Ohio | 14 | 9 | 5 | 64% | ||
| Oklahoma | 29 | 29 | 0 | 100% | ||
| Oregon | 14 | 14 | 0 | 100% | ||
| Pennsylvania | 6 | 6 | 0 | 100% | ||
| South Dakota | 6 | 6 | 0 | 100% | ||
| Tennessee | 8 | 8 | 0 | 100% | ||
| Texas | 34 | 33 | 1 | 97% | ||
| Utah | 5 | 5 | 0 | 100% | ||
| Washington | 22 | 21 | 1 | 95% | ||
| West Virginia | 6 | 4 | 2 | 67% | ||
| Wisconsin | 8 | 6 | 2 | 75% | ||
| Wyoming | 8 | 8 | 0 | 100% | ||
Analysis of state elections
In November 2020, regular elections were held for 86 of 99 state legislative chambers, plus 11 gubernatorial offices, nine lieutenant gubernatorial offices, 10 attorney general offices, and seven secretary of state offices.
Election analysis
All state elections
- Ballotpedia's 2020 Candidate Connection report
- Noteworthy recounts in the United States
- Incumbent win rates by state
- Results of state elected officials seeking other offices, 2020
- Analysis of rejected ballots in the 2020 general election
- Analysis of ballot curing in the 2020 general election
- Analysis of voter turnout in the 2020 general election
- Ballotpedia's Top 15 elections to watch, 2020
- Split-ticket voting in statewide elections in 2018 and 2020
Trifectas
- State government trifectas in the 2020 elections
- Historical and potential changes in trifectas
- Trifecta vulnerability in the 2020 elections
- Presidential election results by trifecta status
- Gubernatorial and presidential split-ticket states
State executive elections
- Partisan balance of governors
- State government triplexes
- Annual State Executive Competitiveness Report, 2020
- States with both gubernatorial and U.S. Senate elections in 2020
State legislative elections
- Number of state legislators by party
- Annual State Legislative Competitiveness Report: Vol. 10, 2020
- Effect of the 2020 elections on redistricting
- Rematches in 2020 general elections
- State legislative veto-proof majorities
- State legislative battleground chambers, 2020
- Veto-proof state legislatures and opposing party governors in the 2020 elections
- Races decided by fewer than 100 votes
- Margin of victory analysis for the 2020 state legislative elections
- State legislative seats flipped
- State legislative special election changes in party control since 2010
- State legislative chambers that changed party control
- State legislative seats that changed party control
- Comparison of state legislative election and session dates, 2020
State ballot measures
- Ballot Measure Scorecard, 2020
- Ballotpedia's Tuesday Count for 2020
- Ballotpedia's top 15 ballot measures to watch on Nov. 3
See also
- Judicial selection in the states
- State judicial elections, 2020
- State intermediate appellate court elections, 2020
- Local trial court judicial elections, 2020
- State supreme court vacancies, 2020
- State executive official elections, 2020
- State legislative elections, 2020
External links
Footnotes
- ↑ Robert Carter (D) was appointed by the members of the Illinois Supreme Court to replace Thomas Kilbride (D), who lost his retention election.
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