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2026 Elections

Judicial Elections: How Judges Are Chosen in Every State

Whether you vote for your judges depends on where you live. Here is how all 50 states and D.C. pick the justices of their highest court, every state supreme court seat on the 2026 ballot, how to research a judge before a retention vote — and how federal judges are chosen instead, by the President and the Senate.

State data as of October 15, 2026 from Ballotpedia · Senate votes from the roll-call record · vacancies from the U.S. Courts

—
days

Election Day

November 3, 2026

Are judges elected?

State supreme courts
Elected in 22 states; voters decide retention in 16 more
Appointed with no vote
12 states, plus D.C.
On the 2026 ballot
63 supreme court seats in 31 states — 47 still to be decided on November 3
Federal judges
Never elected: nominated by the President, confirmed by the Senate, serve for life
Confirmed in 2026
31 federal judges by recorded Senate vote (through Sep 23, 2026)
Federal vacancies
28 open judgeships, 11 with a nominee pending

Six ways states choose their highest court

Ballotpedia sorts every state into one of six methods for picking the justices of its court of last resort. The method sets whether you ever see a justice’s name on your ballot.

PARTISAN ELECTION

8 states

NONPARTISAN ELECTION

13 states

MICHIGAN METHOD

1 state

MERIT SELECTION

21 states

plus D.C.

APPOINTMENT

5 states

LEGISLATIVE ELECTION

2 states

  • Partisan election — Candidates run in contested elections with a party label next to their name, usually after a party primary. (Alabama, Illinois, Louisiana, New Mexico, North Carolina, Ohio, Pennsylvania, Texas)
  • Nonpartisan election — Candidates run in contested elections with no party label on the ballot. (Arkansas, Georgia, Idaho, Kentucky, Minnesota, Mississippi, Montana, Nevada, North Dakota, Oregon, Washington, West Virginia, Wisconsin)
  • Michigan method — Parties nominate candidates at conventions, but the November ballot shows no labels. Only Michigan does this. (Michigan)
  • Merit selection — A nominating commission screens applicants and sends a short list; the governor must appoint from it. Most of these states then hold yes/no retention votes. Often called merit selection or the Missouri Plan. (Alaska, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Indiana, Iowa, Kansas, Maryland, Missouri, Nebraska, New York, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Wyoming, District of Columbia)
  • Appointment — The governor appoints directly, usually with confirmation by a council, commission or the state senate. (California, Maine, Massachusetts, New Hampshire, New Jersey)
  • Legislative election — The state legislature elects justices, and re-elects them for later terms. (South Carolina, Virginia)

The method is only half the story. What a justice must do to stay on the court matters just as much: Illinois, New Mexico and Pennsylvania elect justices in partisan races but then keep them through retention votes, while Connecticut, New York and Hawaii appoint and then reappoint without ever asking voters. Lower courts often work differently again — California appoints its appellate judges but elects its trial judges.

How every state chooses its highest court

Method, term, and what a justice must do to serve again. Select a state for its full selection rules, its 2026 races and how its senators voted on federal judges.

Alabama

Partisan election · 6-year terms · Run for re-election

2 in 2026

Alaska

Merit selection · 10-year terms · Yes/no retention vote

1 in 2026

Arizona

Merit selection · 6-year terms · Yes/no retention vote

1 in 2026

Arkansas

Nonpartisan election · 8-year terms · Run for re-election

2 in 2026

California

Appointment · 12-year terms · Yes/no retention vote

2 in 2026

Colorado

Merit selection · 10-year terms · Yes/no retention vote

1 in 2026

Connecticut

Merit selection · 8-year terms · Reappointment

Delaware

Merit selection · 12-year terms · Reappointment

District of Columbia

Merit selection · 15-year terms · Reappointment

Florida

Merit selection · 6-year terms · Yes/no retention vote

1 in 2026

Georgia

Nonpartisan election · 6-year terms · Run for re-election

3 in 2026

Hawaii

Merit selection · 10-year terms · Reappointment

Idaho

Nonpartisan election · 6-year terms · Run for re-election

2 in 2026

Illinois

Partisan election · 10-year terms · Yes/no retention vote

Indiana

Merit selection · 10-year terms · Yes/no retention vote

Iowa

Merit selection · 8-year terms · Yes/no retention vote

Kansas

Merit selection · 6-year terms · Yes/no retention vote

2 in 2026

Kentucky

Nonpartisan election · 8-year terms · Run for re-election

1 in 2026

Louisiana

Partisan election · 10-year terms · Run for re-election

3 in 2026

Maine

Appointment · 7-year terms · Reappointment

Maryland

Merit selection · 10-year terms · Yes/no retention vote

1 in 2026

Massachusetts

Appointment · serve to age limit · Serve to age limit or for life

Michigan

Michigan method · 8-year terms · Run for re-election

2 in 2026

Minnesota

Nonpartisan election · 6-year terms · Run for re-election

2 in 2026

Mississippi

Nonpartisan election · 8-year terms · Run for re-election

Missouri

Merit selection · 12-year terms · Yes/no retention vote

1 in 2026

Montana

Nonpartisan election · 8-year terms · Run for re-election

1 in 2026

Nebraska

Merit selection · 6-year terms · Yes/no retention vote

Nevada

Nonpartisan election · 6-year terms · Run for re-election

2 in 2026

New Hampshire

Appointment · serve to age limit · Serve to age limit or for life

New Jersey

Appointment · serve to age limit · Serve to age limit or for life

New Mexico

Partisan election · 8-year terms · Yes/no retention vote

2 in 2026

New York

Merit selection · 14-year terms · Reappointment

North Carolina

Partisan election · 8-year terms · Run for re-election

1 in 2026

North Dakota

Nonpartisan election · 10-year terms · Run for re-election

2 in 2026

Ohio

Partisan election · 6-year terms · Run for re-election

2 in 2026

Oklahoma

Merit selection · 6-year terms · Yes/no retention vote

5 in 2026

Oregon

Nonpartisan election · 6-year terms · Run for re-election

1 in 2026

Pennsylvania

Partisan election · 10-year terms · Yes/no retention vote

Rhode Island

Merit selection · serve to age limit · Serve to age limit or for life

South Carolina

Legislative election · 10-year terms · Legislature decides

South Dakota

Merit selection · 8-year terms · Yes/no retention vote

Tennessee

Merit selection · 8-year terms · Yes/no retention vote

2 in 2026

Texas

Partisan election · 6-year terms · Run for re-election

7 in 2026

Utah

Merit selection · 10-year terms · Yes/no retention vote

1 in 2026

Vermont

Merit selection · 6-year terms · Legislature decides

Virginia

Legislative election · 12-year terms · Legislature decides

Washington

Nonpartisan election · 6-year terms · Run for re-election

5 in 2026

West Virginia

Nonpartisan election · 12-year terms · Run for re-election

2 in 2026

Wisconsin

Nonpartisan election · 10-year terms · Run for re-election

1 in 2026

Wyoming

Merit selection · 8-year terms · Yes/no retention vote

2 in 2026

Texas and Oklahoma each have two courts of last resort — one for civil and one for criminal cases — chosen the same way. Source: Ballotpedia, Judicial selection in the states.

2026 state supreme court elections

63 seats in 31 states are up this year. Some were settled in the spring; the rest are on the November 3 ballot.

SEATS UP

63

31 states

ON NOV 3 BALLOT

47

23 states

RETENTION VOTES

22

yes/no, no opponent

OPEN SEATS

7

contested, no incumbent

On the November 3 ballot

* incumbent. Retention races list the one justice on the ballot.

Already decided

  • Arkansas (March 3, 2026): Nicholas Bronni, Cody Hiland elected.
  • Georgia (May 19, 2026): Charlie Bethel, Sarah Hawkins Warren, Ben Land elected.
  • Idaho (May 19, 2026): Gregory W. Moeller, Cynthia Meyer elected.
  • Louisiana (May 16, 2026): William H. Burris, Cade Cole, Jay B. McCallum elected.
  • Oregon (May 19, 2026): Chris Garrett elected.
  • Tennessee (August 6, 2026): Kyle Hixson, Mary L. Wagner retained.
  • West Virginia (May 12, 2026): H.L. Kirkpatrick, Bill Flanigan elected.
  • Wisconsin (April 7, 2026): Chris Taylor elected.

Candidates and seats as of October 15, 2026 from Ballotpedia’s 2026 state supreme court elections. Results for November races are added once certified.

What is a retention election?

A retention election asks one question: should this judge stay on the court? There is no opponent and no party label. If enough voters say yes — a simple majority in most states, 57% in New Mexico — the judge serves another term. If not, the seat is filled the way it was the first time, usually by a new appointment from a nominating commission’s list.

16 states use retention votes to keep appointed justices, and Illinois, New Mexico and Pennsylvania use them after a justice’s first election — so in 19 states a sitting supreme court justice can face a yes/no vote. Justices almost always keep their seats, though not always: in 2024 Oklahoma’s Yvonne Kauger became the first justice in that state’s history to lose a retention vote. This year’s November 3 ballot carries 20 supreme court retention votes in 12 states.

Because there is no campaign, the hardest part is finding anything out about the judge. Seven states run an official judicial performance evaluation program that reviews judges before they face voters (which judges each one covers varies by state):

How to research the judges on your ballot

Judicial races are the part of the ballot voters most often skip. Five places to look, in the order most people find useful:

  1. 1

    Get your sample ballot

    Your state or county election office lists every judicial race you will see, including local trial courts this page does not cover. Your state’s how-to-vote page links the official lookup.

  2. 2

    Read the official evaluation

    In states with a performance-evaluation program, the commission publishes a report and a “meets standards” finding for each judge facing retention.

  3. 3

    Check the state voter guide

    Several states mail or post a voters’ pamphlet with a statement from each judicial candidate.

  4. 4

    Look at the record

    For an incumbent, the court’s own site lists opinions; for any candidate, Ballotpedia and local news cover experience, endorsements and campaign spending.

  5. 5

    Know the rules for judges

    Judicial ethics codes bar candidates from promising how they will rule on cases, so judicial campaigns say less than others — the record matters more.

Start with your state: How to vote in your state has the official ballot lookup and deadlines, and each state page below covers its supreme court races.

Federal judges: chosen by the President and the Senate

No federal judge is ever on a ballot. Article III judges — the Supreme Court, the 13 courts of appeals and the district courts — are nominated by the President and need a majority vote of the Senate. That makes presidential and Senate elections the only ones that shape the federal bench.

  1. 1

    A seat opens

    Most vacancies come from judges taking senior status — 22 of the 28 on the U.S. Courts’ current list. Senior judges keep hearing cases on a lighter load, and their seat opens for a new appointment.

  2. 2

    The President nominates

    For district courts, home-state senators traditionally recommend candidates, and the Judiciary Committee chair decides how much weight their “blue slips” carry.

  3. 3

    Judiciary Committee hearing and vote

    The Senate Judiciary Committee questions the nominee and votes to report the nomination to the floor.

  4. 4

    Cloture and confirmation

    Since the Senate’s 2013 and 2017 rule changes, ending debate on any judicial nominee takes a simple majority, not 60. Confirmation then needs a majority of senators voting.

  5. 5

    Life tenure

    Confirmed judges serve “during good behavior.” Only impeachment by the House and conviction by two-thirds of the Senate can remove one.

Federal judges confirmed by recorded vote in 2026

The Senate has confirmed 31 federal judges by roll-call vote this year — 4 to courts of appeals, 25 to district courts and 2 to other federal courts. 26 of those votes were decided by 10 votes or fewer. Nominees confirmed by voice vote or unanimous consent leave no roll call and are not counted here; the Senate’s full list of confirmed nominations includes them.

Angela Veronica Colmenero

District Judge for the Southern District of Texas · Sep 23, 2026

50–47

Kasdin Miller Mitchell

District Judge for the Northern District of Texas · Sep 17, 2026

49–45

Matthew R. Byrne

District Judge for the Southern District of Ohio · Sep 15, 2026

52–45

Antonio M. Pozos

District Judge for the Eastern District of Pennsylvania · Jul 23, 2026

49–44

Daniel Mack Traynor

Circuit Judge for the Eighth Circuit · Jul 23, 2026

48–47

Michael C. Martin

District Judge for the Eastern District of Michigan · Jul 22, 2026

62–36

Benjamin M. Flowers

Circuit Judge for the Sixth Circuit · Jul 22, 2026

49–46

Kara Marie Westercamp

Judge of the U.S. Court of International Trade · Jul 21, 2026

50–48

Jeffrey T. Kuntz

District Judge for the Southern District of Florida · Jul 15, 2026

51–46

Matthew A. Schwartz

Circuit Judge for the Second Circuit · Jul 14, 2026

50–45

Arthur Roberts Jones

District Judge for the Southern District of Texas · Jul 13, 2026

46–44

Michael J. Hendershot

District Judge for the Northern District of Ohio · Jun 24, 2026

50–44

John George Edward Marck

District Judge for the Southern District of Texas · Jun 24, 2026

52–45

Justin D. Smith

Circuit Judge for the Eighth Circuit · Jun 15, 2026

48–43

Anthony J. Powell

District Judge for the District of Kansas · Jun 10, 2026

50–44

Anthony W. Mattivi

District Judge for the District of Kansas · Jun 9, 2026

51–46

Jeffrey M. Kuhlman

District Judge for the District of Kansas · Jun 2, 2026

52–46

Kathleen S. Lane

District Judge for the District of Montana · Jun 2, 2026

52–46

Evan Rikhye

Judge for the District Court of the Virgin Islands · May 20, 2026

52–47

Sheria Akins Clarke

District Judge for the District of South Carolina · May 19, 2026

52–38

Andrew B. Davis

District Judge for the Western District of Texas · Apr 20, 2026

47–46

Christopher R. Wolfe

District Judge for the Western District of Texas · Apr 14, 2026

53–47

John Thomas Shepherd

District Judge for the Western District of Arkansas · Apr 14, 2026

53–46

Anna St. John

District Judge for the Eastern District of Louisiana · Mar 17, 2026

51–45

Justin R. Olson

District Judge for the Southern District of Indiana · Feb 5, 2026

50–47

Brian Charles Lea

District Judge for the Western District of Tennessee · Feb 5, 2026

50–46

Megan Blair Benton

District Judge for the Western District of Missouri · Feb 4, 2026

51–46

Aaron Christian Peterson

District Judge for the District of Alaska · Feb 4, 2026

58–39

Nicholas Jon Ganjei

District Judge for the Southern District of Texas · Feb 3, 2026

51–45

David Clay Fowlkes

District Judge for the Western District of Arkansas · Feb 3, 2026

54–40

Alexander C. Van Hook

District Judge for the Western District of Louisiana · Jan 8, 2026

53–40

From the Senate roll-call snapshot refreshed Oct 1, 2026. See every recent vote on the Senate’s latest roll calls and who sits on the Senate Judiciary Committee.

Current federal judicial vacancies

The U.S. Courts list 28 vacant judgeships as of October 15, 2026, with 11 nominees pending in the Senate. Each state page lists its own.

MA · Nathaniel M. Gorton

Senior · open since May 31, 2025

No nominee

MA · F. Dennis Saylor

Senior · open since Jul 31, 2025

No nominee

ME · Nancy Torresen

Senior · open since Oct 11, 2025

No nominee

CT · Jeffrey Alker Meyer

Deceased · open since Jan 12, 2025

No nominee

NY-S · Valerie E. Caproni

Senior · open since Jan 7, 2025

No nominee

NY-S · Lorna G. Schofield

Senior · open since Dec 31, 2024

No nominee

NY-S · Cathy Seibel

Senior · open since Nov 3, 2025

No nominee

SC · Timothy M. Cain

Senior · open since Oct 1, 2026

No nominee

VA-E · Arenda L. Wright Allen

Senior · open since May 13, 2026

No nominee

LA-E · Lance M. Africk

Senior · open since Oct 1, 2024

Peter M. Mansfield

TX-N · Jane J. Boyle

Senior · open since Oct 1, 2025

No nominee

TX-N · David C. Godbey

Senior · open since Sep 17, 2025

Courtney Leigh Coker

TX-S · Andrew S. Hanen

Senior · open since Jan 2, 2025

Richard Wesley Bennett

TX-W · Alan D Albright

Resigned · open since Aug 31, 2026

No nominee

KY-E · Gregory F. Van Tatenhove

Retired · open since Jul 19, 2026

Daniel Lewis Ballou

TN-E · Thomas A. Varlan

Senior · open since Oct 5, 2026

Samuel D. Adkisson

IL-N · John Joseph Tharp

Senior · open since Sep 30, 2026

No nominee

MN · Patrick J. Schiltz

Senior · open since Jul 1, 2026

No nominee

ND · Daniel Mack Traynor

Elevated · open since Jul 23, 2026

Philip Axt

AK · Joshua M. Kindred

Resigned · open since Jul 8, 2024

Kyle Frederick Reardon

CA-C · Josephine L. Staton

Senior · open since Sep 19, 2026

No nominee

CA-S · William Q. Hayes

Senior · open since Aug 1, 2021

No nominee

NM · James O. Browning

Senior · open since Feb 1, 2026

No nominee

OK-E · Ronald A. White

Senior · open since Jan 27, 2026

Zachary Paul West

OK-N · Gregory K. Frizzell

Senior · open since Mar 1, 2025

Trevor Scott Pemberton

AL-N · R. David Proctor

Senior · open since Jan 1, 2026

Gregory Carl Cook

FL-M · Timothy J. Corrigan

Senior · open since Nov 2, 2024

Robert E. Long Jr.

GA-N · Timothy C. Batten Sr.

Retired · open since May 23, 2025

No nominee

Court codes are the U.S. Courts’: “TX-S” is the Southern District of Texas. Source: uscourts.gov current judicial vacancies.

The U.S. Supreme Court: nine justices, all confirmed by the Senate

Presidents have sent the Senate 165 Supreme Court nominations since 1789; 128 were confirmed. Every sitting justice, with the vote that put them on the Court:

John G. Roberts, Jr. (Chief Justice)

Nominated by George W. Bush · confirmed Sep 29, 2005, 78–22

Age 71

Clarence Thomas

Nominated by George H. W. Bush · confirmed Oct 15, 1991, 52–48

Age 78

Samuel A. Alito, Jr.

Nominated by George W. Bush · confirmed Jan 31, 2006, 58–42

Age 76

Sonia Sotomayor

Nominated by Barack Obama · confirmed Aug 6, 2009, 68–31

Age 72

Elena Kagan

Nominated by Barack Obama · confirmed Aug 5, 2010, 63–37

Age 66

Neil M. Gorsuch

Nominated by Donald Trump · confirmed Apr 7, 2017, 54–45

Age 59

Brett M. Kavanaugh

Nominated by Donald Trump · confirmed Oct 6, 2018, 50–48

Age 61

Amy Coney Barrett

Nominated by Donald Trump · confirmed Oct 26, 2020, 52–48

Age 54

Ketanji Brown Jackson

Nominated by Joe Biden · confirmed Apr 7, 2022, 53–47

Age 56

Sources: supremecourt.gov, senate.gov Supreme Court nominations. Ages update daily.

Frequently Asked Questions

Are judges elected in the United States?

Some are. Federal judges are never elected — the President nominates them and the Senate confirms them. State judges depend on the state: voters elect the justices of their state's highest court in 22 states and vote on whether to keep them in 16 more, while in the other 12 the governor or legislature decides. Many states also elect their trial judges.

How many states elect their supreme court justices?

22 states choose them in contested elections (8 with party labels, 13 without, and Michigan's hybrid). Counting retention votes, voters have a say over their highest court in 38 of the 50 states.

What is a judicial retention election?

A yes/no vote on whether a sitting judge keeps the job. There is no opponent: if a majority votes yes (or, in a few states, a higher threshold — New Mexico requires 57%), the judge serves another term; if not, the seat is filled by a new appointment.

How do I decide whether to retain a judge?

Start with your state’s official judicial performance evaluation if it has one — Alaska, Arizona, Colorado, Missouri, New Mexico, Tennessee and Utah publish reviews of judges facing retention, built largely from surveys of lawyers, jurors and court staff. Your state voter guide, bar association surveys and local news coverage fill in the rest. This site does not make recommendations.

How many state supreme court seats are on the ballot in 2026?

63 seats in 31 states, according to Ballotpedia. 16 were settled earlier in the year (in spring elections or because a candidate was unopposed), leaving 47 seats in 23 states on the November 3 ballot — 22 of them retention votes.

Are federal judges elected?

No. Under Article III of the Constitution the President nominates federal judges and the Senate confirms them by majority vote. Once confirmed, they serve “during good behavior” — in practice for life — and can only be removed by impeachment in the House and conviction in the Senate.

How long do federal judges serve?

For life, unless they retire, resign or are impeached and removed. Many take “senior status” instead of retiring outright, which keeps them hearing cases on a reduced load and opens their seat for a new appointment.

Can Congress remove a federal judge?

Only through impeachment: the House impeaches by majority vote and the Senate convicts by two-thirds. Fifteen federal judges have been impeached and eight removed.

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