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State intermediate appellate court elections, 2018

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Twenty-eight states held intermediate appellate court elections in 2018. There were 244 seats on intermediate appellate courts up for election. Three states held their judicial elections before November 6, 2018; the remaining 25 states held their judicial elections on November 6, 2018.

In 2018, North Carolina's appellate elections changed from nonpartisan to partisan elections, requiring the justices up for election to declare party affiliations for the first time since 2002. More than half of the Texas Courts of Appeals was up for election. In New Mexico, all six judges up for election had been appointed by a Republican governor.

Click here for information on state supreme court elections. Click here for information on local trial court elections.

Overview

Different states use different judicial election methods. Judges may run in partisan elections, may run in nonpartisan elections, or may simply stand for retention elections.

The following states held elections for intermediate appellate court seats in 2018.

2018 State Judicial Elections
State 2018 Elections State 2018 Elections
Alabama 6 seats Maryland 3 seats
Arizona 4 seats Michigan 11 seats
Arkansas 2 seats Minnesota 6 seats
California 50 seats Mississippi 5 seats
Colorado 4 seats Missouri 4 seats
Florida 17 seats New Mexico 6 seats
Georgia 7 seats North Carolina 3 seats
Idaho 2 seats Ohio 23 seats
Illinois 5 seats Oklahoma 5 seats
Indiana 1 seat Oregon 6 seats
Iowa 3 seats Texas 45 seats
Kansas 7 seats Utah 1 seat
Kentucky 2 seats Washington 8 seats
Louisiana 6 seats Wisconsin 2 seats

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 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 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.

To learn more about judicial selection methods, click here.

Noteworthy elections

North Carolina: Moving to partisan elections

Starting with the 2018 election, judicial elections for appellate courts in North Carolina were partisan. From 2004 to 2016, North Carolina appellate court elections were nonpartisan. Since elections were nonpartisan for the previous 13 years, some of the judges who sat on the North Carolina Court of Appeals did not have a declared party affiliation.

Of the three seats up for election in 2018, one incumbent ran for re-election as a Democrat: John S. Arrowood. He was re-elected. Races for the other two seats were open, and Democrats won both.

The change to partisan judicial elections became law in December 2016. For more information on judicial selection in North Carolina, click here.

Texas: More than half the court up for election

Forty-five of the 80 seats on the Texas Courts of Appeals were up for election in 2018. The 80 seats were spread over 14 courts of appeals. Each court covers a designated geographical region. The number of judges serving on each court is defined by statute and varies from three to 13.

Democratic challengers defeated 19 Republican incumbents on November 6, 2018.

Judges on the Texas Courts of Appeals are chosen through partisan elections for terms of six years.

New Mexico: All six Republican appointees up for election

All six of the judges on the New Mexico Court of Appeals who were required to stand for either retention or partisan election in 2018 were appointed by Republican Gov. Susana Martinez, including one Democratic judge. Five of the incumbents were required to stand for partisan election; one was up for retention. Ten judges sit on the court. Of the judges, six were appointed by a Republican governor, two were appointed by a Democratic governor, and two ran for the court as Democratic candidates.

Democrats defeated the four Republican incumbents seeking re-election, and Democrat Jennifer Attrep ran unopposed. Republican Judge J. Miles Hanisee was retained.

The judges of the New Mexico Court of Appeals are chosen by assisted gubernatorial appointment. A new appointee must stand in the next partisan election after his or her appointment. To serve additional terms after his or her elected term, a judge must stand for retention. Judges in New Mexico must win 57 percent of the vote to be retained.

See also

Footnotes