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State supreme court elections, 2019
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Three states held supreme court elections in 2019: Kentucky, Louisiana, and Wisconsin. Justice Shirley Abrahamson's seat on the Wisconsin Supreme Court, Justice Bill Cunningham's seat on the Kentucky Supreme Court, and Justice Greg Guidry's seat on the Louisiana Supreme Court were on the ballot.
The outcome of the contest for Abrahamson's seat on the Wisconsin Supreme Court prevented a battle for control of the court in 2020. Although state supreme court elections in Wisconsin are nonpartisan, liberal and conservative groups typically coalesce around specific candidates. Conservatives, who backed Appeals Judge Brian Hagedorn, held a 4-3 majority on the court heading into the election. Liberals, who backed Abrahamson, supported Appeals Chief Judge Lisa Neubauer. Hagedorn's victory expanded the conservative majority on the court to 5-2.[1] Had liberals retained Abrahamson’s seat, it would have set up a battle for control of the court in 2020, when Dan Kelly, who was appointed to the court in 2016 by Gov. Scott Walker (R), stood for election for the first time. Click here for more information about the 2019 state supreme court election in Wisconsin.
Most states do not hold elections in odd-numbered years. Pennsylvania holds judicial elections exclusively in odd-numbered years and Wisconsin holds judicial elections every year. Louisiana and Washington may also hold judicial elections in both even and odd years. In some years, no supreme court justice's term will end and therefore no supreme court election will be held. None of the state supreme court justices in Pennsylvania, Louisiana, or Washington were up for election in 2019.
For more on state supreme court vacancies filled by appointment, click here.
Kentucky
- See also: Kentucky Supreme Court elections, 2019
A special election was on the ballot in November 2019 to replace Bill Cunningham in the Kentucky Supreme Court 1st District. Cunningham retired from the court on February 1, 2019. His term was set to expire in 2022. A full term on the court is eight years.
General election
Special general election for Kentucky Supreme Court 1st District
Christopher Nickell defeated Whitney Westerfield in the special general election for Kentucky Supreme Court 1st District on November 5, 2019.
Candidate | % | Votes | ||
✔ | Christopher Nickell (Nonpartisan) | 57.3 | 71,991 | |
Whitney Westerfield (Nonpartisan) | 42.7 | 53,633 |
Total votes: 125,624 | ||||
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Selection
- See also: Judicial selection in Kentucky
Justices are elected for eight-year terms in nonpartisan elections. If a midterm vacancy occurs, the governor appoints a successor from a list of three names provided by the Kentucky Judicial Nominating Commission. If the term the appointee will fill expires at the next election, the appointment is for the remainder of the term. If the term does not expire at the next election and that election is more than three months away, the appointee must stand for election, and the election is for the remainder of the unexpired term. If the term does not expire at the next election, but the election is less than three months away, the appointee must stand for election in the election following the next. The election is for the remainder of the unexpired term, if any; if none of the term is left, the election is for a full term.[2]
Qualifications
For the position of supreme court justice, the candidate must be a citizen of the United States and a resident of both the Commonwealth and of the district from which he or she is elected for at least two years immediately prior to taking office. He or she must be licensed to practice law in the courts of the Commonwealth for at least eight years before becoming eligible to serve on the court.[3] The candidate must file with the Kentucky Secretary of State's Office, and the filing fee is $200.00.
Louisiana
The District 1 seat on the Louisiana Supreme Court was up for special election on October 12, 2019. Elections for the court are partisan. The filing deadline for interested candidates was August 8, 2019.[4] The seat was left vacant after Justice Greg Guidry was appointed to a spot on the United States District Court for the Eastern District of Louisiana by President Donald Trump. He received commission on June 21, 2019.[5]
See also: Louisiana Supreme Court special elections, 2019
Louisiana elections use the majority-vote system. All candidates compete in the same primary, and a candidate can win the election outright by receiving more than 50 percent of the vote. If no candidate does, the top two vote recipients from the primary advance to the general election, regardless of their partisan affiliation.
General election
Special general election for Louisiana Supreme Court 1st District
William J. Crain defeated Hans J. Liljeberg in the special general election for Louisiana Supreme Court 1st District on November 16, 2019.
Candidate | % | Votes | ||
✔ | William J. Crain (R) | 57.3 | 127,211 | |
Hans J. Liljeberg (R) | 42.7 | 94,875 |
Total votes: 222,086 (100.00% precincts reporting) | ||||
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Nonpartisan primary election
Special nonpartisan primary for Louisiana Supreme Court 1st District
William J. Crain and Hans J. Liljeberg defeated Scott Schlegel and Richard Ducote in the special primary for Louisiana Supreme Court 1st District on October 12, 2019.
Candidate | % | Votes | ||
✔ | William J. Crain (R) | 38.6 | 73,534 | |
✔ | Hans J. Liljeberg (R) | 32.5 | 61,859 | |
Scott Schlegel (R) | 17.5 | 33,242 | ||
Richard Ducote (R) | 11.5 | 21,810 |
Total votes: 190,445 | ||||
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Selection
- See also: Partisan election of judges
There are seven justices on the Louisiana Supreme Court, each elected to 10-year terms. They must face re-election if they wish to serve again.[6] Per Article V of the Louisiana Constitution, midterm vacancies are to be temporarily filled by the remaining members of the supreme court. Within one year of the opening, a special election (called by the governor, preferably on the date of a preexisting gubernatorial or congressional election) is to be held. If the supreme court has appointed a successor, that appointee may not run for the seat in the special election.[6][7] The justice elected at the special election will serve the remainder of the unexpired term.[8]
Unlike most states, supreme court justices in Louisiana are elected to represent specific districts. The seven justices are divided evenly among seven supreme court districts (not to be confused with the 42 divisions of the district courts) and are voted into office by the residents of their respective regions.[9] Only the states of Illinois, Kentucky and Mississippi use a similar system.
Qualifications
To serve on this court, a justice must be:
- licensed to practice law in the state for at least ten years;
- a resident of the district representing for at least one year;
- under the age of 70 at the time of election (justices who turn 70 in office may serve until their term expires)[6][10]
Selection of the chief justice
The chief justice is the justice on the court with the most seniority. When he or she retires, the justice with the next most seniority becomes chief justice.[6]
Wisconsin
- See also: Wisconsin Supreme Court elections, 2019
Appeals Judge Brian Hagedorn defeated Appeals Chief Judge Lisa Neubauer in the election for Wisconsin Supreme Court on April 2, 2019. Incumbent Justice Shirley Abrahamson did not seek re-election.[11]
With 100 percent of precincts reporting, Hagedorn led Neubauer by 5,960 votes or 0.5 percentage points.[12] Neubauer conceded the race on April 10, 2019.[13]
Although state Supreme Court elections in Wisconsin are nonpartisan, liberal and conservative groups typically coalesce around specific candidates. Conservatives, who backed Hagedorn, held a 4-3 majority on the court heading into the election. Like Abrahamson, who was retiring and leaving the seat open, Neubauer was supported by liberals.[14]
With Hagedorn's win, conservatives expanded their majority on the court to 5-2.[15]