Michigan Supreme Court elections will determine whether Democrats or Republicans control the Court

By

Ethan Sorell

Welcome to the Wednesday, Oct. 9, Brew. 

By: Ethan Sorell

Here’s what’s in store for you as you start your day:

  1. Michigan Supreme Court elections will determine whether Democrats or Republicans control the Court 
  2. 50 states in 25 days–Georgia and Wyoming
  3. Eighty-six percent of September’s elections were uncontested

Michigan Supreme Court elections will determine whether Democrats or Republicans control the Court 

With 27 days to go until the Fall election, we’ll be bringing you coverage of the most compelling elections — the battlegrounds we expect to have a meaningful effect on the balance of power in governments or to be particularly competitive. You can catch our previous coverage of other battleground races here.

Today, we’re looking at the general elections for Michigan’s Supreme Court on Nov. 5. Four candidates are running for two seats on the Court. In one election, Andrew Fink and Kimberly Thomas are running for a full eight-year term for the seat currently held by incumbent David Viviano (R), who is not running for re-election. In the other, incumbent Kyra Harris Bolden and Patrick W. O’Grady are running in a special election to serve the remainder of Bridget Mary McCormack’s term, which ends in 2028. McCormack retired in 2022 with six years left in her term.

In Michigan, supreme court justices are selected using the Michigan method, in which voters elect justices in nonpartisan elections, though candidates in the nonpartisan elections are chosen through partisan primaries or conventions. Michigan is the only state that uses this selection method. Thomas and Harris Bolden are affiliated with the Democratic Party, and Fink and O’Grady are affiliated with the Republican Party.

According to the Associated Press, “Democratic-backed justices currently hold a 4-3 majority. Republican victories in both races would flip control of the Court, while two Democratic wins would yield a 5-2 supermajority. Republicans have framed the races as a fight to stop government overreach, while Democrats say it is a battle to preserve reproductive rights.”

Fink’s experience and platform

Fink has served in the Michigan House of Representatives since 2021. He earned a bachelor’s degree from Hillsdale College and a law degree from the University of Michigan Law School. Before being elected to the House, Fink was a commissioner-at-large of the State Bar of Michigan, served as a judge advocate in the U.S. Marine Corps, and worked in private practice.

In his response to Ballotpedia’s Candidate Connection survey, Fink said he is running “to restore our judiciary’s commitment to protecting the will of the people, interpreting the law as it is written, and ensuring everyone receives due process, not just insiders.”

Thomas’ experience and platform

Thomas is a lawyer and professor at the University of Michigan Law School. She is also the co-founder and director of the University of Michigan Juvenile Justice Clinic. Thomas earned a bachelor’s degree from the University of Maryland and a law degree from Harvard Law School.

In her Candidate Connection survey response, Thomas said, “I will bring over two decades of experience as a trial and appellate lawyer and a law professor to ensure that the Michigan Supreme Court fulfills its constitutional role in our democracy and that the people of Michigan can have access to, and be respected in, our court system.”

Harris Bolden’s experience and platform

Harris Bolden assumed office on Jan. 1, 2023, after Gov. Gretchen Whitmer (D) appointed Harris Bolden in November 2022. Before her appointment, Harris Bolden served in the state House from 2019 to 2023. She earned a bachelor’s degree from Grand Valley State University and a law degree from the University of Detroit Mercy School of Law. Before holding public office, Harris Bolden was a criminal defense attorney and a civil litigation attorney.

In an interview with Democracy Docket’s Crystal Hill, Harris Bolden said, “I have been able to author eight majority opinions, which I’m very proud of. A lot of people may not know that I’m also a liaison to our treatment courts, which is our alternative to incarceration, making sure that they have the resources necessary in order to function and be successful. I also sit on the child welfare task force for the Michigan Supreme Court, and we try to make sure we have our ear to the ground of what’s happening with our children in our foster care system, and making sure that they have adequate representation. So a lot of things happen at the court, and I wish to continue to do the great work that I’ve been doing for the last year and a half.”

O’Grady’s experience and platform

O’Grady is a judge of the Michigan 15th Circuit Court. He previously served in the U.S. Army Reserve and worked as an attorney, Michigan state trooper, and Michigan State Police officer. O’Grady earned a bachelor’s degree from Western Michigan University and a law degree from Cooley Law School.

In O’Grady’s Candidate Connection survey response, O’Grady said, “My unwavering commitment to safeguarding families, championing individual rights, and upholding the integrity of our beloved Michigan is evident in my distinguished record. My steadfast adherence to the Rule of Law in the trial court is a testament to my judicial philosophy, one that I pledge to bring to bear as a Justice of the Michigan Supreme Court.”

Michigan is one of 33 states holding state supreme court elections in 2024. In total, 82 of the 344 seats on state supreme courts are up for election. Nonpartisan justices hold 61 of those seats, Republicans hold 15, and Democrats hold six. Click here to learn about Ballotpedia’s coverage of state supreme court elections in 2024.

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50 states in 25 days–Georgia and Wyoming

Continuing our 50 states in 25 days coverage, today we will look at what’s on the ballot in Georgia and Wyoming. Yesterday, we gave readers a look at what voters in Arizona and New Mexico can expect to see on their ballots. With 17 business days between now and the final Friday before the election, let’s continue looking into what’s on the ballot across the nation. 

Georgia

Let’s start with a look at some key dates and deadlines in Georgia.

  • The deadline for registering in person, by mail, and online was Oct. 7. The deadline for in-mail registration is a receipt deadline. Early voting begins Oct. 15 and ends Nov. 1.
  • All polls are open from 7:00 a.m. to 7:00 p.m. Eastern Time. Everyone in line when the polls close must be allowed to vote. Voters can find polling locations here. 

Here’s what is on the ballot: 

Wyoming

Next, let’s check out Wyoming’s elections. We’ll start with some key dates and deadlines.

  • The deadline for registering in person, by mail, and online is Oct. 21. The deadline for in-mail registration is a receipt deadline. Early voting began Oct. 8 and ends Nov. 4.
  • All polls are open from 7:00 a.m. to 7:00 p.m. Mountain Time. Everyone in line when the polls close must be allowed to vote. Voters can find polling locations here. 

Here’s what is on the ballot:

  • Voters will elect one member to the U.S. Senate. Incumbent Sen. Jon Barrasso (R) is running for re-election against Scott Morrow (D). 
  • Voters will elect one member to the U.S. House from the state’s at-large U.S. House district. Incumbent Rep. Harriet Hageman (R) is running for re-election against Kyle Cameron (D), Jeff Haggit (Constitution Party), and Richard Brubaker (L).
  • All 62 seats in the state House are up for election. Fifteen of the 31 seats in the state Senate are up for election. There are 11 open seats in the state House and five open seats in the state Senate.
  • Two state supreme court justices are up for retention election. Wyoming is one of 20 states that use retention elections at the state supreme court level.
  • Municipal elections will be held in Cheyenne for mayor and city council. Cheyenne is one of 82 cities included in Ballotpedia’s coverage of municipal elections.
  • Wyoming is one of 26 states where we are expanding our local election coverage beyond the nation’s biggest cities, school districts, and state capitals. Including those mentioned above, Ballotpedia is following 40 local races with 62 total candidates for offices that include local councils, county commissions, and other county-level positions.

Want to learn more about the elections you’ll be voting in this year? Click here to use our Sample Ballot Lookup tool!

Make sure to check our hub page, linked below, for future installments of the series.

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Eighty-six percent of September’s elections were uncontested

Each month, Ballotpedia publishes an article detailing the number and percentage of uncontested races in the previous month. Throughout September, Ballotpedia covered 1,312 elections in 12 states, 86% of which were uncontested. That brings the year-to-date rate of uncontested elections to 75%.

Since 2018, each year has had more uncontested than contested elections except for one. In 2021, 50.4% of the elections Ballotpedia covered were uncontested. September’s rate of uncontested elections was greater than the 58% average rate identified between 2018 and 2023.

Understanding the data and its implications

An uncontested election is one where the number of candidates running is less than or equal to the number of seats up for election. Our analysis covers both primaries and general elections–any opportunity that voters have to cast a ballot. It does not account for write-in candidates.  

Why are so many elections uncontested, and what does this mean for the democratic process? 

Looking at local elections only, CivicPulse, a nonprofit research organization, suggests the following reasons for declining competition: 

  • low voter turnout;
  • a decline in local news and professional reporting;
  • elections being scheduled at times other than November of even-numbered years to capitalize on lower voter turnout; and
  • partisan strongholds that dissuade opposite-party challengers.

In an interview with The Texas Tribune‘s Regina Mack, Democratic strategist Harold Cook gave three reasons for the large number of uncontested state and congressional elections: “The incumbent is so popular that no one else can find a path to victory. The district is so tilted in favor of the other party that nobody in the opposing party can find a path to victory. The incumbent’s campaign has so much money that nobody can figure out how to overcome their ability to communicate with voters.”

Illinois Policy Institute, a nonprofit think tank that researches education policy, pension policy, and state budget issues, published a report detailing their views on why high uncontested rates stifle the democratic process: “The lack of candidate alternatives on the ballot reduces voter participation…as the number of candidates on a ballot increases, electoral participation also increases…Voters benefit from having clearly differentiated options at the polls on election day, and having a choice in their elected officials gives them a reason to turn out to the polls… Uncontested and lightly contested elections tend to skew policy in favor of powerful special interest groups at the expense of everyone else. This is because low voter participation makes legislators more susceptible to the influence of lobbyists rather than prioritizing the service of ordinary voters.”

Diving back into the data

As previously mentioned, 86% of elections in September were uncontested. That’s up from August when 79% of the 11,320 elections covered were uncontested.

During September, Ballotpedia covered more than 400 elections in Massachusetts and New Hampshire. Ninety-one percent of Massachusetts’ elections were uncontested, while 87% were uncontested in New Hampshire. Ballotpedia also covered elections in eight other states. The map below shows the number of elections covered in each state during September and is color-coded to show the rate of uncontested elections.

Click on the link below to learn more about uncontested elections nationwide last month and in all previous months through 2024.

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