Lake Forest College US Elections Guide: 2024

JUDICIAL RETENTION ELECTIONS

What is a Retention Election? | FAQs | Flow Chart

WHAT IS A RETENTION ELECTION?

In Illinois, circuit court judges serve 6-year terms with about one third of judges up for re-election every 2 years. These elections can be one of two types: vacancy elections or retention elections.

Vacancy elections occur when there is not an incumbent judge.

• These elections are settled in the way we expect -- several candidates compete for the office with the most votes winning.
• Illinois vacancy elections are partisan. Judicial candidates are affiliated with a political party.

Retention elections occur when there is an elected incumbent judge.

• Incumbent judges do not run for re-election against a field of other candidates.
• Voters choose either “yes” and keep the judge for another term, or vote “no” and remove them
• Judges must have 60% of voters choose "yes" for them to keep their seat.
• If less than 60% of voters choose to retain them the Illinois Supreme Court appoints a replacement until the next election.

For more information check out articles and FAQs at Injustice Watch and Vote for Judges. They both focus on Cook County, but the Illinois information applies to Lake County as well.

You can also find a flow chart illustrating this process and some common questions about the process below.

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COMMON QUESTIONS & ANSWERS

So judges don’t have a regular election?

Not after their first election, no. While they need to elected with a regular majority when they first run for their seat, they are subject to the 60% threshold yes-or-no retention election for every subsequent term in that seat.

Isn’t 60% a high bar to meet?

Surprisingly, no. Judges are very rarely removed. In Cook County (the Illinois county with the largest number of judges) only two judges have not been retained since 1990, and in 2020 the average percent of “yes” votes was 73.1.

What happens if a judge is removed?

The Illinois Supreme Court will appoint a judge they feel is qualified to hold the position until the next election.

Do those appointed judges count as an incumbent for the next election?

No. The seat technically counts as vacant while the appointed judge is serving. While the appointed judge will have the name recognition and job experience that comes with doing the job, they will still face challengers in a traditional election. They would not stand in a retention election until their next term (should they win).

What if I don’t select “yes” or “no?” Can I leave the ballot blank?

Not filling in a choice for a retention election is the same as leaving a blank choice for any other election. Your ballot won’t add a “yes” or “no” to the candidate’s total.

Do other states use retention elections for their judges?

Yes, 20 other states also use retention elections for incumbent judges.

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JUDICIAL ELECTION CYCLE FLOW CHART

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