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  • 8 - Nonelective Systems

  • Herbert M. Kritzer, University of Minnesota
  • Book:
    Litigating Judicial Selection
    Published online:
    27 February 2024
    Print publication:
    16 May 2024, pp 198-226

  • Summary

    Chapter 8 covered cases specific to nonelective systems, including the Missouri Plan, other appointment (mostly gubernatorial) systems, and legislative elections. The Missouri Plan cases mostly concerned the membership and processes of nominating commissions. Appointment cases concern issues such as requirements for legislative (usually state senate) confirmation and recess appointments. The legislative election cases generally dealt with technical issues (e.g., whether the vote in the legislature could be a voice vote or required ballots).