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New-Style Campaigns in State Supreme Court Retention Elections

Published online by Cambridge University Press:  01 January 2021

David Hughes
David Hughes*
Affiliation:
Auburn University at Montgomery, Montgomery, AL, USA
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Abstract

Scholarly research finds that partisan, hard-fought, expensive, and churlish state supreme court campaigns increase voter participation and their support for challenger candidates. These insights, however, are drawn nearly exclusively from competitive state supreme court elections. Little is known about voter behavior in uncompetitive retention elections. Traditionally, these races are not salient to the public given that incumbents raise and spend little-to-no money, and campaigns, parties, and political action committees air few (if any) advertisements. Since 2010, however, such behavior has become more commonplace. I assess voter participation and incumbent performance in 178 state supreme court retention elections from 2002 to 2014. I find that expensive, churlish retention elections are likely to increase voter turnout and to hurt incumbents' efforts to win retention.

Keywords

judicial politicsjudicial electionsvoting behaviorpolitical behaviorcampaignsinterest groups and elections
Type
Research Article
Information
State Politics & Policy Quarterly , Volume 19 , Issue 2 , June 2019 , pp. 127 - 154
Copyright
Copyright © The Author(s) 2018

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References

American Bar Association. 2003. Justice in Jeopardy: Report of the American Bar Association Commission on the 21st Century Judiciary. Chicago: American Bar Association.Google Scholar
Anasolabehere, Stephan, and Iyengar, Shanto. 1995. Going Negative: How Political Advertisements Shrink and Polarize the Electorate. New York: Free Press.Google Scholar
Aspin, Larry T. 2006. “Judicial Retention Election Trends 1964–2006.” Judicature 90:208–213.Google Scholar
Aspin, Larry T. 2017. “Judicial Retention Elections.” In Judicial Elections in the 21st Century, eds. Bonneau, Chris W. and Hall, Melinda Gann. New York: Routledge, 93–138.Google Scholar
Aspin, Larry T., Hall, William K., Bax, Jean, and Montoya, Celeste. 2000. “Thirty Years of Judicial Retention Elections: An Update.” The Social Science Journal 37:1–17.CrossRefGoogle Scholar
Bonneau, Chris W. 2005. “Electoral Verdicts: Incumbent Defeats in State Supreme Court Elections.” American Politics Research 33:818–841.CrossRefGoogle Scholar
Bonneau, Chris W. 2007. “The Effects of Campaign Spending in State Supreme Court Elections.” Political Research Quarterly 60:489–499.CrossRefGoogle Scholar
Bonneau, Chris W., and Cann, Damon M.. 2011. “Campaign Spending, Diminishing Marginal Returns, and Campaign Finance Restrictions in Judicial Elections.” The Journal of Politics 73:1267–1280.CrossRefGoogle Scholar
Bonneau, Chris W., and Hall, Melinda Gann. 2009. In Defense of Judicial Elections. New York: Routledge.CrossRefGoogle Scholar
Brace, Paul, and Hall, Melinda Gann. 2001. “‘Haves’ versus ‘Have Nots’ in State Supreme Courts: Allocating Docket Space and Wins in Power Asymmetric Cases.” Law & Society Review 35:393–417.CrossRefGoogle Scholar
Caldarone, Richard P., Canes-Wrone, Brandice, and Clark, Tom S.. 2009. “Partisan Labels and Democratic Accountability: An Analysis of State Supreme Court Abortion Decisions.” The Journal of Politics 71:560–573.CrossRefGoogle Scholar
Canes-Wrone, Brandice, Clark, Tom S., and Kelly, Jason P.. 2014. “Judicial Selection and Death Penalty Decisions.” American Political Science Review 108:23–39.CrossRefGoogle Scholar
Cann, Damon M., and Wilhelm, Teena. 2011. “Case Visibility and the Electoral Connection in State Supreme Courts.” American Politics Research 39:557–581.CrossRefGoogle Scholar
Dooling, Doug Jr. 2013. “Max Baer Releases TV Ad in Supreme Court Race.” PoliticsPA, November 4..Google Scholar
Dubois, Philip L. 1980. From Ballot to Bench: Judicial Elections and the Quest for Accountability. Austin: University of Texas Press.Google Scholar
Epstein, Lee, Knight, Jack, and Shvetsova, Olga. 2002. “Selecting Selection Systems.” In Judicial Independence at the Crossroads: An Interdisciplinary Approach, eds. Burbank, Stephen B. and Friedman, Barry. Thousand Oaks: Sage, 191–226.CrossRefGoogle Scholar
Erdley, Debra. 2005. “Help Wanted: Bench Warmer for Pa. Court.” Pittsburgh Tribune Review, November 10.Google Scholar
Geer, John G. 2006. In Defense of Negativity: Attack Ads in Presidential Campaigns. Chicago: University of Chicago Press.CrossRefGoogle Scholar
Gelman, Andrew, and Hill, Jennifer. 2007. Data Analysis Using Regression and Multilevel Hierarchical Models. New York: Cambridge University Press.Google Scholar
Geyh, Charles Gardner. 2003. “Why Judicial Elections Stink.” Ohio State Law Journal 64:43–79.Google Scholar
Gill, Rebecca D. 2017. “Do Judicial Performance Evaluations Influence Retention Election Results?” In Judicial Elections in the 21st Century, eds. Bonneau, Chris W. and Hall, Melinda Gann. New York: Routledge, 175–192.Google Scholar
Goelzhauser, Greg. 2016. Choosing State Supreme Court Justices: Merit Selection and the Consequences of Institutional Reform. Philadelphia: Temple University Press.CrossRefGoogle Scholar
Goelzhauser, Greg. 2018. “Classifying Judicial Selection Institutions.” State Politics & Policy Quarterly 18:174–192.CrossRefGoogle Scholar
Goldberg, Deborah. 2007. “Interest Group Participation in Judicial Elections.” In Running for Judge: The Rising Political, Financial, and Legal Stakes of Judicial Elections, ed. Streb, Matthew J.. New York: New York University Press, 73–95.Google Scholar
Hall, Kermit L. 1983. “The Judiciary on Trial: State Constitutional Reform and the Rise of an Elected Judiciary, 1846–1860.” Historian 45:337–354.CrossRefGoogle Scholar
Hall, Melinda Gann. 1987. “Constituent Influence in State Supreme Courts: Conceptual Notes and a Case Study.” The Journal of Politics 49:1117–1124.CrossRefGoogle Scholar
Hall, Melinda Gann. 2007. “Voting in State Supreme Court Elections: Competition and Context as Democratic Incentives.” The Journal of Politics 69:1147–1159.CrossRefGoogle Scholar
Hall, Melinda Gann. 2015. Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections. Stanford: Stanford University Press.Google Scholar
Hall, Melinda Gann, and Bonneau, Chris W.. 2006. “Does Quality Matter? Challengers in State Supreme Court Elections.” American Journal of Political Science 50:20–33.CrossRefGoogle Scholar
Hall, Melinda Gann, and Bonneau, Chris W.. 2008. “Mobilizing Interest: The Effects of Money on Citizen Participation in State Supreme Court Elections.” American Journal of Political Science 52:457–470.CrossRefGoogle Scholar
Hall, Melinda Gann, and Bonneau, Chris W.. 2013. “Attack Advertising, the White Decision, and Voter Participation in State Supreme Court Elections.” Political Research Quarterly 66:115–126.CrossRefGoogle Scholar
Hanssen, F. Andrew. 2004. “Is There a Politically Optimal Level of Judicial Independence?” The American Economic Review 94:712–729.CrossRefGoogle Scholar
Hojnacki, Marie, and Baum, Lawrence. 1992. “‘New-Style’ Judicial Campaigns and the Voters: Economic Issues and Union Members in Ohio.” Western Political Quarterly 45:921–948.CrossRefGoogle Scholar
Iyengar, Shanto. 2002. “The Effects of Media-Based Campaigns on Candidate and Voter Behavior: Implications for Judicial Elections.” Indiana Law Review 35:691–699.Google Scholar
Jackson, Robert A., and Carsey, Thomas M.. 2007. “US Senate Campaigns, Negative Advertising, and Voter Mobilization in the 1998 Midterm Election.” Electoral Studies 26:180–195.CrossRefGoogle Scholar
Jacobson, Gary C. 1978. “The Effects of Campaign Spending in Congressional Elections.” American Political Science Review 72:469–491.CrossRefGoogle Scholar
Kales, Albert M. 1914. “Methods of Selecting and Retiring Judges.” Journal of the American Judicature Society 6:29–52.Google Scholar
Klas, Mary Ellen. 2012. “Campaign for Justices Is on Track to Spend $5.5 Million.” Tampa Bay Times, November 2.Google Scholar
Klein, David, and Baum, Lawrence. 2001. “Ballot Information and Voting Decisions in Judicial Elections.” Political Research Quarterly 54:709–728.CrossRefGoogle Scholar
Klumpp, Tilman, Mialon, Hugo M., and Williams, Michael A.. 2016. “The Business of American Democracy: Citizens United, Independent Spending, and Elections.” The Journal of Law & Economics 59:1–43.CrossRefGoogle Scholar
Kravetz, David. 2002. “Three Justices Expected to Retain Their Posts on Supreme Court.” Associated Press: State & Local Wire, September 25.Google Scholar
Kritzer, Herbert M. 2015. Justices on the Ballot: Continuity and Change in State Supreme Court Elections. New York: Cambridge University Press.CrossRefGoogle Scholar
Lerner, Renée Lettow. 2007. “From Popular Control to Independence: Reform of the Elected Judiciary in Boss Tweed's New York.” George Mason Law Review 15:109–160.Google Scholar
May, Melissa S. 2012. “Judicial Retention Elections after 2010.” Indiana Law Review 46:59–86.Google Scholar
Panian, A. J. 2005. “PACleanSweep Rallies Support.” Pittsburgh Tribune Review, October 30.Google Scholar
Patterson, Thomas E., and McClure, Robert D.. 1976. The Unseeing Eye: The Myth of Television Power in National Politics. New York: Putnam.Google Scholar
Pettys, Todd E. 2010. “Letter from Iowa: Same-Sex Marriage and the Ouster of Three Justices.” University of Kansas Law Review 59:715–745.Google Scholar
Pound, Roscoe. 1906. “The Causes of Popular Dissatisfaction with the Administration of Justice.” American Lawyer 14:445–451.Google Scholar
Schaffner, Brian F., and Diascro, Jennifer Segal. 2007. “Judicial Elections in the News.” In Running for Judge: The Rising Political, Financial, and Legal Stakes of Judicial Elections, ed. Streb, Matthew J.. New York: New York University Press, 115–139.Google Scholar
Schaffner, Brian F., and Streb, Matthew J.. 2002. “The Partisan Heuristic in Low-Information Elections.” Public Opinion Quarterly 66:559–581.CrossRefGoogle Scholar
Schaffner, Brian F., Streb, Matthew J., and Wright, Gerald. 2001. “Teams without Uniforms: The Nonpartisan Ballot in State and Local Elections.” Political Research Quarterly 54:7–30.Google Scholar
Schotland, Roy A. 1998. “Comment: Judicial Independence and Accountability.” Law and Contemporary Problems 61:149–155.CrossRefGoogle Scholar
Squire, Peverill. 2008. “Measuring the Professionalization of U.S. State Courts of Last Resort.” State Politics & Policy Quarterly 8:223–238.CrossRefGoogle Scholar
Streb, Matthew J. 2007. “The Study of Judicial Elections.” In Running for Judge: The Rising Political, Financial, and Legal Stakes of Judicial Elections, ed. Streb, Matthew J.. New York: New York University Press, 1–14.Google Scholar
Sturm, Albert L. 1982. “The Development of American State Constitutions.” Publius: The Journal of Federalism 12:57–98.CrossRefGoogle Scholar
Ward, Paula Reed, and McNulty, Timothy. 2013. “Pa. Judges Worrying Shutdown May Imperil Re-election Chances.” Pittsburgh Post-Gazette, October 25, A1.Google Scholar
West, Darrell M. 2010. Air Wars: Television Advertising in Election Campaigns, 1952–2008. Washington, DC: CQ Press.Google Scholar
Williamson, Vanessa, Skocpol, Theda, and Coggin, John. 2011. “The Tea Party and the Remaking of Republican Conservatism.” Perspectives on Politics 9:25–43.CrossRefGoogle Scholar
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