It’s another Saturday, so for those who tune in, welcome to the weekly diary discussing the Nuts & Bolts of a Democratic Campaign. If you’ve missed out, you can catch up anytime: Just visit our group or follow Nuts & Bolts Guide.
We are all pretty familiar with how elections work: We nominate candidates, those candidates express values, we decide between the candidates. What happens when the election you are voting in is not a race between two candidates, but a vote on retaining or firing a local or state judge?
Retention elections are difficult: Voter participation in retention races is low, and the administration of the outcome can vary by state and region. A judge who isn’t retained could be replaced by appointment by a mayor, county commissioner, or governor; there might be an actual election.
Because of the variance in application, it is difficult for activists to know what to do in a retention election. This week, I want to talk about how to use retention elections to build your own activism.
Whether you want to retain or evict a judge from the bench, retention elections provide opportunities to discuss issues that are not discussed in many other races. Whether you choose to discuss the way in which judges are replaced, conservative stacking of the court, or the handling of justice from the bench, activists can find a lot of ground to talk about pressing social issues, advocate for good justices, and call attention to those who are using the law to push conservative agendas.
As states move toward merit-based systems, judicial retention can also be about making sure we keep good judges and talk about those important issues. The Center for American Progress discusses this trend:
Most merit-selection systems require appointed judges to subsequently face voters in unopposed retention elections in which voters are asked whether the judge should remain on the bench. Historically, retention elections saw very little campaigning and hardly any campaign contributions. Conservative interests groups—usually angered by one or two high-profile cases—are now mounting unprecedented campaigns opposing retention elections in Iowa, Florida, and possibly in Indiana and Arizona. As a consequence, retention elections could join the trend of expensive and politicized judicial elections.
Many progressive groups mourn this fight over courts; but it can be another opportunity to discuss issues with the voters, often nonpartisan issues that have been made partisan by conservatives.
Merit and retention elections highlight what helps make our government great: an independent judiciary that is designed to fairly enforce the law. While states have varying rules on the selection, retention, and replacement process, in many states groups like the ACLU and the state bar association provide judicial summaries about whom you are voting to retain or replace. These become articles that the public can review, such as one published by the Arizona Republic.
In the past, this process was so dry that most voters simply refused to participate or vote, and those that did just voted to retain without giving the incumbents any consideration. In many (probably most) situations, retention of judges is the right answer, but whether it is right or not, these elections provide a chance for your local activist groups to talk about judicial issues and the impact of judges in a way that doesn’t tend to happen elsewhere.
Conversations can be built around the importance of mayors, county commissions, and governors. Part of the Nuts & Bolts of the process is realizing how things connect to each other, and that voters care about a broad spectrum of issues. While fair courts aren’t everyone’s most important issue, for some voters it can be an eye-opener to see how they connect directly to their own experiences in courtrooms.
Retention elections and judicial elections don’t offer a lot of organizational opportunities unless conservative or progressive groups have significant grievances against a sitting judge. However, all judicial elections should provide at least the opportunity to discuss issues of justice with your local Democratic groups, and the importance of all those elected in establishing a fair and open court system.
Next week in Nuts & Bolts: Justice and voter rights