Abstract

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Attacking Judges: The New Politics of State Supreme Court Election Campaigns


Melinda Gann Hall


Michigan State University - Department of Political Science; Department of Political Science

March 15, 2010

Western Political Science Association 2010 Annual Meeting Paper

Abstract:     
Recent trends in judicial elections, including expensive rough-and-tumble campaigns characterized by televised attack advertising and politicized discourse, are causing advocacy groups and legal scholars to condemn the practice of electing judges. This paper addresses an important aspect of this controversy by evaluating whether attack advertising and liberalized speech codes brought about by Republican Party of Minnesota v. White (2002) have had detrimental effects on the electoral performance of incumbents in state supreme courts. In doing so, I assess whether crucial determinants of the incumbency advantage identified in past studies continue to influence supreme court elections in this new era of judicial campaigning. I also draw careful distinctions between partisan and nonpartisan elections. My specific focus is on 73 supreme court justices seeking reelection in nineteen states from 2002 through 2006 and CMAG advertising data on the messages broadcast to electorates. Likewise, I examine official campaign finance reports, to distinguish the effects of campaign spending from television advertising. Overall, I find that attack ads have deleterious effects but only in nonpartisan elections. Further, less restrictive speech codes actually improve incumbents’ vote shares. Finally, factors indicative of discerning voter choices still have predictive power, even after dramatic transformations in the electoral context. Collectively, these findings demonstrate that the assertions of judicial reform advocates merit empirical scrutiny and that the sharp attacks on partisan elections should be reassessed. These findings also illustrate the powerful impact of institutional arrangements in structuring political processes and the analytical advantages of studying state supreme courts.

Number of Pages in PDF File: 37

Keywords: judicial elections; negative campaigning; state supreme courts

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Date posted: March 29, 2010 ; Last revised: April 4, 2010

Suggested Citation

Hall, Melinda Gann, Attacking Judges: The New Politics of State Supreme Court Election Campaigns (March 15, 2010). Western Political Science Association 2010 Annual Meeting Paper . Available at SSRN: http://ssrn.com/abstract=1580280

Contact Information

Melinda Gann Hall (Contact Author)
Michigan State University - Department of Political Science ( email )
East Lansing, MI 48824
United States
517-432-2380 (Phone)
Department of Political Science ( email )
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