Illinois Supreme Court elections, 2022

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2022 State
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Elizabeth M. Rochford (D) defeated Mark Curran (R), and Mary O'Brien (D) defeated Michael J. Burke (R) in partisan elections for two Illinois Supreme Court seats on November 8, 2022. Chief Justice Mary Jane Theis (D) won a retention vote for her seat.

As a result of these elections, the court composition will change from a 4-3 Democratic majority to a 5-2 Democratic majority in 2023.[1]

The terms of the three Illinois Supreme Court justices expired in 2022. One judicial term expired on December 4, 2022, and two judicial terms expired on December 5, 2022.

A retention election for Rita Garman was canceled after Garman retired effective July 7, 2022. Lisa Holder White was appointed to the seat, which was up for partisan election in 2024.

The Chicago Tribune's John Keilman said, "Democrats held a 4-3 advantage on the court prior to Election Day, and the party cast the contested races as a referendum on abortion. Commercials by the candidates and their backers contended that electing Republicans would endanger that right in Illinois."[1]

"The Republicans, meanwhile, aimed to portray their opponents as products of the state’s Democratic machine who owed their careers to indicted former House Speaker Michael Madigan and other power brokers," Keilman said.[1]

Illinois was one of 30 states that held elections for state supreme court in 2022. That year, 84 of the 344 seats on state supreme courts were up for election. Of those, 64 were held by nonpartisan justices, 13 were held by Republican justices, and eight were held by Democratic justices. For more on the partisan affiliation of state supreme court justices, click here. For an overview of state supreme court elections in 2022, click here.


Candidates and results

Partisan election

2nd District: Thomas Vacancy

General election

General election for Illinois Supreme Court 2nd District

Elizabeth M. Rochford defeated Mark Curran in the general election for Illinois Supreme Court 2nd District on November 8, 2022.

Candidate
%
Votes
Image of Elizabeth M. Rochford
Elizabeth M. Rochford (D) Candidate Connection
 
55.2
 
318,281
Image of Mark Curran
Mark Curran (R)
 
44.8
 
258,014

Total votes: 576,295
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary election

Democratic primary for Illinois Supreme Court 2nd District

Elizabeth M. Rochford defeated Nancy Rotering and René Cruz in the Democratic primary for Illinois Supreme Court 2nd District on June 28, 2022.

Candidate
%
Votes
Image of Elizabeth M. Rochford
Elizabeth M. Rochford Candidate Connection
 
44.4
 
42,955
Image of Nancy Rotering
Nancy Rotering
 
28.7
 
27,763
René Cruz
 
26.9
 
25,977

Total votes: 96,695
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for Illinois Supreme Court 2nd District

Mark Curran defeated Daniel Shanes, John A. Noverini, and Susan Hutchinson in the Republican primary for Illinois Supreme Court 2nd District on June 28, 2022.

Candidate
%
Votes
Image of Mark Curran
Mark Curran
 
29.5
 
31,628
Daniel Shanes
 
28.2
 
30,204
Image of John A. Noverini
John A. Noverini
 
21.7
 
23,234
Image of Susan Hutchinson
Susan Hutchinson
 
20.6
 
22,049

Total votes: 107,115
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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3rd District: Kilbride Vacancy

General election

General election for Illinois Supreme Court 3rd District

Mary Kay O'Brien defeated incumbent Michael J. Burke in the general election for Illinois Supreme Court 3rd District on November 8, 2022.

Candidate
%
Votes
Image of Mary Kay O'Brien
Mary Kay O'Brien (D)
 
51.1
 
349,164
Image of Michael J. Burke
Michael J. Burke (R)
 
48.9
 
333,669

Total votes: 682,833
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary election

Democratic primary for Illinois Supreme Court 3rd District

Mary Kay O'Brien advanced from the Democratic primary for Illinois Supreme Court 3rd District on June 28, 2022.

Candidate
%
Votes
Image of Mary Kay O'Brien
Mary Kay O'Brien
 
100.0
 
110,882

Total votes: 110,882
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for Illinois Supreme Court 3rd District

Incumbent Michael J. Burke advanced from the Republican primary for Illinois Supreme Court 3rd District on June 28, 2022.

Candidate
%
Votes
Image of Michael J. Burke
Michael J. Burke
 
100.0
 
122,598

Total votes: 122,598
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Retention election

1st District: Theis' seat

Illinois Supreme Court 1st District, Mary Jane Theis retention

Mary Jane Theis was retained to the 1st District of the Illinois Supreme Court on November 8, 2022 with 78.3% of the vote.

Retention
 Vote
%
Votes
Yes
 
78.3
 
918,128
No
 
21.7
 
254,423
Total Votes
1,172,551

4th District: Garman's seat

The election to retain Rita Garman was canceled after Garman retired effective July 7, 2022. Lisa Holder White was appointed to the seat, which was up for partisan election in 2024.

Judges not on the ballot

Voting information

See also: Voting in Illinois

Election information in Illinois: Nov. 8, 2022, election.

What was the voter registration deadline?

  • In-person: Oct. 11, 2022
  • By mail: Postmarked by Oct. 11, 2022
  • Online: Oct. 23, 2022

Was absentee/mail-in voting available to all voters?

N/A

What was the absentee/mail-in ballot request deadline?

  • In-person: Nov. 7, 2022
  • By mail: Received by Nov. 3, 2022
  • Online: N/A

What was the absentee/mail-in ballot return deadline?

  • In-person: Nov. 8, 2022
  • By mail: Postmarked by Nov. 8, 2022

Was early voting available to all voters?

Yes

What were the early voting start and end dates?

Sep. 29, 2022 to Nov. 7, 2022

Were all voters required to present ID at the polls? If so, was a photo or non-photo ID required?

N/A

When were polls open on Election Day?

N/A


About the Illinois Supreme Court

See also: Illinois Supreme Court

The Illinois Supreme Court is the highest court in Illinois. The court includes seven justices who are elected to 10-year terms in partisan elections. The court hears appeals from the lower courts and has limited original jurisdiction. It also serves as the administrative head of the state's court system.

Political composition

This was the political composition of the supreme court heading into the 2022 election.

Anne M. Burke Appointed in 2006; elected in 2008; retained in 2018
Lisa Holder White Appointed in 2022
David K. Overstreet Elected in 2020
Robert Carter Appointed in 2020
P. Scott Neville Appointed in 2018; elected in 2020
Mary Jane Theis Appointed in 2010; elected in 2012
Michael J. Burke Appointed in 2020

Selection

See also: Partisan elections

The seven justices of the Illinois Supreme Court are chosen by popular vote in partisan elections and serve 10-year terms, after which they must compete in uncontested, nonpartisan retention elections to continue serving.[2] Unlike most states, supreme court justices in Illinois are elected to represent specific districts. The seven justices are divided among five districts (three allocated to Cook County and the others divided evenly among the other four districts) and are voted into office by the residents of their respective regions.[2] In the event of a midterm vacancy, the Illinois Supreme Court is responsible for appointing an interim justice. The interim justice serves until the next general election occurring at least 60 days after his or her appointment, at which point the justice must run in a partisan election to continue serving.[2]

Qualifications

To serve on the supreme court, a justice must be:

  • a U.S. citizen;
  • a district resident; and
  • licensed to practice law in Illinois.[2]

Selection of the chief justice

The chief justice of the supreme court is chosen by peer vote to serve a three-year term.

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

Ballotpedia Courts Determiners and Dissenters navigation ad.png In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

  • We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
  • We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
  • We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
  • We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

  • Number of justices: 7
  • Number of cases: 63
  • Percentage of cases with a unanimous ruling: 69.8%% (44)
  • Justice most often writing the majority opinion: Justice Theis (11)
  • Per curiam decisions: 2
  • Concurring opinions: 7
  • Justice with most concurring opinions: Justices A. Burke, Karmeier, and Kilbride (2)
  • Dissenting opinions: 20
  • Justice with most dissenting opinions: Justice Neville (8)

For the study's full set of findings in Illinois, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Ballotpedia Courts State Partisanship navigation ad.png Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[3]
  • Mild Republican
  • Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[4]

Illinois had a Court Balance Score of -4, indicating Democratic control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

SSC by state.png



See also

Illinois Judicial Selection More Courts
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External links

Footnotes

  1. 1.0 1.1 1.2 The Chicago Tribune, "Democrats expand majority on Illinois Supreme Court with wins by Rochford, O’Brien, November 9, 2022
  2. 2.0 2.1 2.2 2.3 American Judicature Society, "Methods of Judicial Selection: Illinois," archived October 2, 2014
  3. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  4. The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.