Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-25T10:51:29.651Z Has data issue: false hasContentIssue false

The Impact of High-Visibility Contests for U.S. State Court Judgeships: Partisan Voting in Nonpartisan Elections

Published online by Cambridge University Press:  25 January 2021

Emily Rock
Affiliation:
Ohio State University
Lawrence Baum
Affiliation:
Ohio State University

Abstract

Over the past two decades, campaigns for judicial elections in the U.S. states have become larger in scale. We analyze the impact of this development on voters' choices between candidates. Using a series of post-election surveys of voters in fourteen contests for the Ohio Supreme Court over twenty years, we probe the relationship between the amount of media coverage and campaign spending in a contest and the level of partisan voting. We find that in a state in which candidates' party affiliations are not listed on the ballot, high-visibility contests for judgeships produce more partisan voting than do lower-visibility contests. That effect was more pronounced for voters with greater political knowledge. These findings indicate that, at least in one state setting, high-visibility judicial contests have the effect of making more voters aware of basic information about the candidates, and that information informs their voting choices.

Type
Research Article
Copyright
Copyright © 2010 by the Board of Trustees of the University of Illinois

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Adamany, David, and Dubois, Philip. 1975. “The ‘Forgetful’ Voter and an Unreported Vote.” Public Opinion Quarterly 39:227–31.CrossRefGoogle Scholar
Adamany, David, and Shelley, Mack C.. 1980. “Encore! The Forgetful Voter.” Public Opinion Quarterly 44:234–40.CrossRefGoogle Scholar
Baum, Lawrence. 1987. “Explaining the Vote in Judicial Elections: The 1984 Ohio Supreme Court Elections.” Western Political Quarterly 40:361–71.CrossRefGoogle Scholar
Baum, Lawrence. 2003. “Judicial Elections and Judicial Independence: The Voter's Perspective.” Ohio State Law Journal 64:1341.Google Scholar
Benesh, Sara C. 2006. “Understanding Public Confidence in American Courts.” The Journal of Politics 68:697707.CrossRefGoogle Scholar
Bonneau, Chris W. 2005. “Incumbent Defeats in State Supreme Court Elections.” American Politics Research 33:818–41.CrossRefGoogle Scholar
Bonneau, Chris W. 2006. “Vacancies on the Bench: Open Seat Elections for State Supreme Courts.” Justice System Journal 27:143–59.Google Scholar
Bonneau, Chris W. 2007. “The Effects of Campaign Spending in State Supreme Court Elections.” Political Research Quarterly 60:489–99.CrossRefGoogle Scholar
Bonneau, Chris W., and Hall, Melinda Gann. 2009. In Defense of Judicial Elections. New York, NY: Routledge.CrossRefGoogle Scholar
Brown, T. C. 2000. “Resnick Overcomes Attacks, Wins High Court Race.” Cleveland Plain Dealer, November 8, 1A.Google Scholar
Brown, T. C. 2002. “GOP Victories Alter High Court.” Cleveland Plain Dealer, November 6, S1.Google Scholar
Cann, Damon M., and Yates, Jeff. 2008. “Homegrown Institutional Legitimacy: Assessing Citizens' Diffuse Support for State Courts.” American Politics Research 36:297329.CrossRefGoogle Scholar
Caufield, Rachel P. 2007. “The Changing Tone of Judicial Election Campaigns as a Result of White.” In Running for Judge: The Rising Political, Financial, and Legal Stakes of Judicial Elections, ed. Streb, Matthew J.. New York, NY: New York University Press.Google Scholar
Champagne, Anthony, and Cheek, Kyle. 2002. “The Cycle of Judicial Elections: Texas as a Case Study.” Fordham Urban Law Journal 29:907–40.Google Scholar
Converse, Philip E. 1962. “Information Flow and the Stability of Partisan Attitudes.” Public Opinion Quarterly 26:578–99.CrossRefGoogle Scholar
Delli Carpini, Michael X., and Keeter, Scott. 1993. “Measuring Political Knowledge: Putting First Things First.” American Journal of Political Science 37:1179–206.Google Scholar
Delli Carpini, Michael X., and Keeter, Scott. 1996. What Americans Know About Politics and Why it Matters. New Haven, CT: Yale University Press.Google Scholar
Dubois, Philip L. 1979a. “The Significance of Voting Cues in State Supreme Court Elections.” Law & Society Review 13:757–79.CrossRefGoogle Scholar
Dubois, Philip L. 1979b. “Voter Turnout in State Judicial Elections: An Analysis of the Tail on the Electoral Kite.” The Journal of Politics 41:865–87.Google Scholar
Dubois, Philip L. 1980. From Ballot to Bench: Judicial Elections and the Quest for Accountability. Austin, TX: University of Texas Press.Google Scholar
Dubois, Philip L. 1984. “Voting Cues in Nonpartisan Trial Court Elections: A Multivariate Assessment.” Law & Society Review 18:395436.CrossRefGoogle Scholar
Dunbar, Elizabeth. 2008. “Retired Justice Argues Against Partisan Judicial Elections.” Associated Press, State & Local Wire, May 2.Google Scholar
Felice, John D., and Kilwein, John C.. 1992. “Strike one, strike two. ..: the history of and prospect for judicial reform in Ohio.” Judicature 75:193200.Google Scholar
Frederick, Brian, and Streb, Matthew J.. 2008. “Women Running for Judge: The Impact of Sex on Candidate Success in State Intermediate Appellate Court Elections.” Social Science Quarterly 89:937–54.CrossRefGoogle Scholar
Gibson, James L. 2008. “Challenges to the Impartiality of State Supreme Courts: Legitimacy Theory and ‘New-Style’ Judicial Campaigns.” American Political Science Review 102:5975.CrossRefGoogle Scholar
Glaberson, William. 2000. “A Spirited Campaign for Ohio Court Puts Judges on New Terrain.” The New York Times, July 7, A11.Google Scholar
Griffin, Kenyon N., and Horan, Michael J.. 1979. “Merit Retention Elections: What Influences the Voters?Judicature 63:7888.Google Scholar
Griffin, Kenyon N., and Horan, Michael J.. 1983. “Patterns of Voting Behavior in Judicial Retention Elections for Supreme Court Justices in Wyoming.” Judicature 67:6877.Google Scholar
Hall, Melinda Gann. 2001. “State Supreme Courts in American Democracy: Probing the Myths of Judicial Reform.” American Political Science Review 95:315–30.CrossRefGoogle Scholar
Hall, Melinda Gann. 2007. “Voting in State Supreme Court Elections: Competition and Contest as Democratic Incentives.” The Journal of Politics 69:1147–59.CrossRefGoogle Scholar
Hall, Melinda Gann, and Bonneau, Chris W.. 2006. “Does Quality Matter? Challengers in State Supreme Court Elections.” American Journal of Political Science 50:2033.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 52:457–70.CrossRefGoogle Scholar
Hinckley, Barbara, Hofstetter, Richard, and Kessel, John. 1974. “Information and the Vote: A Comparative Election Study.” American Politics Quarterly 2:131–58.CrossRefGoogle Scholar
Johnson, Charles A., Schaefer, Roger C., and Neal McKnight, R.. 1978. “The Salience of Judicial Candidates and Elections.” Social Science Quarterly 59:371–8.Google Scholar
Judicature. 1955. “How Much Do Voters Know or Care About Judicial Candidates?38:141–3.Google Scholar
King, Gary, Tomz, Michael, and Wittenberg, Jason. 2000. “Making the Most of Statistical Analyses: Improving Interpretation and Presentation.” American Journal of Political Science 44:347–61.CrossRefGoogle Scholar
Kritzer, Herbert M. 2007. “Law is the Mere Continuation of Politics by Different Means: American Judicial Selection in the Twenty-First Century.” DePaul Law Review 56:423–67.Google Scholar
Lovrich, Nicholas P. Jr., and Sheldon, Charles H.. 1983. “Voters in Contested, Nonpartisan Judicial Elections: A Responsible Electorate or a Problematic Public?Western Political Quarterly 36:241–56.CrossRefGoogle Scholar
McDermott, Monika L. 1997. “Voting Cues in Low-Information Elections: Candidate Gender as a Social Information Variable in Contemporary United States Elections.” American Journal of Political Science 41:270–83.CrossRefGoogle Scholar
McDermott, Monika L. 1998. “Race and Gender Cues in Low-Information Elections.” Political Research Quarterly 51:895918.CrossRefGoogle Scholar
McDermott, Monika L. 2005. “Candidate Occupations and Voter Information Shortcuts.” The Journal of Politics 67:201–19.CrossRefGoogle Scholar
McKnight, R. Neal, Schaefer, Roger, and Johnson, Charles A.. 1978. “Choosing Judges: Do the Voters Know What They're Doing?Judicature 62:94–9.Google Scholar
O'Connor, Sandra Day. 2007. “Justice for Sale.” Wall Street Journal, November 15, A25.Google Scholar
Petrocik, John R. 1974. “An Analysis of Intransitivities in the Index of Party Identification.” Political Methodology 1:3147.Google Scholar
Republican Party v. White. 2002. 536 U.S. 765.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, NY: New York University Press.Google Scholar
Schaffner, Brian F., and Streb, Matthew J.. 2002. “The Partisan Heuristic in Low-Information Elections.” Public Opinion Quarterly 66:559–81.CrossRefGoogle Scholar
Schaffner, Brian F., Wright, Gerald, and Streb, Matthew. 2001. “Teams Without Uniforms: The Nonpartisan Ballot in State and Local Elections.” Political Research Quarterly 54:730.Google Scholar
Schotland, Roy A. 1998. “Comment.” Law and Contemporary Problems 61(Summer):149–55.CrossRefGoogle Scholar
Sheldon, Charles H., and Lovrich, Nicholas P. Jr. 1982. “Polls: Are They Valid Tools?Oregon State Bar Bulletin 42(April):1013.Google Scholar
Sheldon, Charles H., and Lovrich, Nicholas P. Jr. 1983. “Knowledge and Judicial Voting: The Oregon and Washington Experience.” Judicature 67:234–45.Google Scholar
Sniderman, Paul M., Glaser, James M., and Griffin, Robert. 2002. “Information and Electoral Choice.” In Information and Democratic Processes, eds. Ferejohn, John A. and Kuklinski, James H.. Urbana, IL: University of Illinois Press.Google Scholar
Squire, Peverill, and Smith, Eric R.A.N.. 1988. “The Effect of Partisan Information on Voters in Nonpartisan Elections.” The Journal of Politics 50:169–79.CrossRefGoogle Scholar
Tarr, G. Alan, and Porter, Mary Cornelia Aldis. 1988. State Supreme Courts in State and Nation. New Haven, CT: Yale University Press.Google Scholar
Ware, Stephen J. 1999. “Money, Politics and Judicial Decisions: A Case Study of Arbitration Law in Alabama.” Journal of Law and Politics 15:645–86.Google Scholar
Weisberg, Herbert F. 1983. “A New Scale of Partisanship.” Political Behavior 5:363–76.CrossRefGoogle Scholar
Zaller, John. 1989. “Bringing Converse Back In: Modeling Information Flow in Political Campaigns.” Political Analysis 1:181234.CrossRefGoogle Scholar
Zaller, John R. 1992. The Nature and Origins of Mass Opinion. New York, NY: Cambridge University Press.CrossRefGoogle Scholar