Importance of State Supreme Courts
The state Supreme Courts decide matters of state law. They may determine access to health care rights, LGBTQ rights, voting rights, redistricting lines, and in some instances, public school funding. State Supreme Court races have taken on new meaning in light of the U.S. Supreme Court’s decision to overturn Roe v. Wade, shifting abortion policy to the states. Supreme Court races this year in Ohio and Montana are expected to be heated because of potential rulings on abortion.
Because the organization of the state court system is set by each state’s constitution and each state’s legislative body, state Supreme Court structure and selection methods vary from state to state.Thirty-eight states hold elections to select state supreme court justices, using either:
partisan elections;
nonpartisan elections;
, or retention elections.
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 2024, there are 18 partisan state supreme court elections. Of these elections, there are:
· 14 Republican-controlled seats
· four Democrat-controlled seats
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. Michigan is an exception.
Non-partisan races are often to re-elect Justices that were appointed by Democratic or Republican Governors so they are partisan representatives just not in name.
In 2024, there are 34 nonpartisan state supreme court elections.
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. Retention of Justices almost always happens although this year with abortion rights before many courts voters may be more informed in their choices.
In 2024, there are 30 state supreme court retention elections.
See the chart for a state-by-state description.
