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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
Image of Christopher Nickell
Christopher Nickell (Nonpartisan)
 
57.3
 
71,991
Image of Whitney Westerfield
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

See also: Louisiana Supreme Court special elections, 2019

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
Image of William J. Crain
William J. Crain (R)
 
57.3
 
127,211
Image of Hans J. Liljeberg
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
Image of William J. Crain
William J. Crain (R)
 
38.6
 
73,534
Image of Hans J. Liljeberg
Hans J. Liljeberg (R)
 
32.5
 
61,859
Image of Scott Schlegel
Scott Schlegel (R)
 
17.5
 
33,242
Richard Ducote (R) Candidate Connection
 
11.5
 
21,810

Total votes: 190,445
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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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]

General election
General election for Wisconsin Supreme Court

Candidate
%
Votes
Image of Brian Hagedorn
Brian Hagedorn (Nonpartisan)
 
50.2
 
606,414
Image of Lisa Neubauer
Lisa Neubauer (Nonpartisan)
 
49.7
 
600,433
 Other/Write-in votes
 
0.1
 
722

Total votes: 1,207,569
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Selection

See also: Nonpartisan election of judges

The seven justices of the Wisconsin Supreme Court are elected in nonpartisan elections. Justices serve 10-year terms.[2][16] In the event of a midterm vacancy, the governor appoints a replacement. If the vacancy occurs after that year's spring election and on or before December 1 of the same year, the appointee must stand for election in the next succeeding spring election in which no other justice is to be elected. If the vacancy occurs after December 1 but before the following spring's election, the appointee must stand for election in the next spring election—beginning with the second spring election from the time of the appointment—in which no other justice is to be elected.[2][16]

The governor solicits recommendations from an Advisory Council on Judicial Selection in making his or her appointments, but is not required to choose one of the suggested appointees.[2][17]

Qualifications

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

  • a qualified elector in the state; and
  • licensed to practice law in the state for at least five years immediately prior to appointment or election to the court.[2]

Selection of the chief judge

The chief justice of the supreme court is elected by a majority of the justices serving on the Court to serve a two-year term.

State Supreme Court appointments in 2019

See also: State supreme court vacancies, 2019

In some states, justices to the state supreme court are appointed rather than elected.

Analysis of state elections

See also: Ballotpedia's Election Analysis Hub, 2019


In 2019, eight states held elections for executive, legislative, or judicial seats, including elections for seven of the nation's 99 state legislative chambers and for three gubernatorial seats.

All state elections:
2019 election analysis: State government trifectas
Trifecta vulnerability in the 2019 elections
2019 primary election competitiveness in state government
Trends in the margins of victory for incumbents of three or more terms, 2018-2024
State executive elections:
State executive official elections, 2019
Gubernatorial elections, 2019
Secretary of State elections, 2019
Attorney General elections, 2019
2019 election analysis: State government triplexes
State executive official elections without a Democratic or Republican candidate, 2019
List of candidates in state executive elections, 2019
State legislative elections:
State legislative elections, 2019
State legislative special elections, 2019
Annual State Legislative Competitiveness Report: Vol. 9, 2019
State legislative elections without a Democratic or Republican candidate, 2019
Open seats in the 2019 state legislative elections
Impact of term limits on state legislative elections in 2019
2019 primary election competitiveness in state and federal government
Incumbents defeated in 2019's state legislative elections
List of candidates in state legislative elections, 2019
Other state elections:
State judicial elections, 2019
2019 ballot measures


See also

Footnotes

  1. U.S. News & World Report, "Supreme Court Field Set With Neubauer, Hagedorn Facing Off," January 2, 2019
  2. 2.0 2.1 2.2 2.3 2.4 National Center for State Courts, "Methods of Judicial Selection: Kentucky," accessed March 7, 2017 Cite error: Invalid <ref> tag; name "general" defined multiple times with different content
  3. Kentucky Secretary of State, "Candidate qualifications," accessed June 2, 2014
  4. The Times-Picayune, "Jefferson Parish Judge Scott Schlegel announces bid for Supreme Court seat," June 30, 2019
  5. Federal Judicial Center, "Guidry, Greg Gerard," accessed June 24, 2019
  6. 6.0 6.1 6.2 6.3 American Judicature Society, "Methods of Judicial Selection: Louisiana; Selection of Judges," archived October 2, 2014
  7. Louisiana Supreme Court, "Henry Julien v. The Honorable W. Fox McKeithan," accessed May 6, 2014
  8. Louisiana Revised Statutes "RS 13:101.1," accessed July 13, 2016
  9. Louisiana Supreme Court, "Maps of Judicial Districts," accessed May 6, 2014
  10. NOLA.com, "Lawmakers fail to pass amendment eliminating mandatory retirement age of judges," June 3, 2013
  11. Wisconsin State Journal, "Justice Shirley Abrahamson won't seek re-election in 2019," May 31, 2018
  12. WisconsinVote, "Election Results," accessed April 4, 2019
  13. NBC 15, "Liberal candidate in Wisconsin Supreme Court race concedes," April 10, 2019
  14. Wisconsin State Journal, "Shirley Abrahamson, diagnosed with cancer, won't leave court until term ends," September 1, 2018
  15. U.S. News & World Report, "Supreme Court Field Set With Neubauer, Hagedorn Facing Off," January 2, 2019
  16. 16.0 16.1 Wisconsin State Legislature, "Statutes, Chapter 8.50(4)(f)," accessed December 16 2016
  17. Milwaukee Journal-Sentinel, "Walker's approach to the judiciary," September 21, 2013