Commonly Asked Questions
About Florida’s Judicial Election Process
Judicial elections are nonpartisan, meaning candidates cannot affiliate with political parties. This requirement, mandated by Florida law, aims to preserve the impartiality of the judicial role. Additionally, judicial candidates cannot make predictions or promises about potential issues they may face while on the bench. This restriction ensures that judges remain impartial and make decisions based solely on the law and the specifics of each case.
No, not all judges are elected. Most circuit and county court judges are elected, but if a mid-term vacancy occurs – such as when a judge retires, resigns, or dies – the governor appoints their replacement. Additionally, the governor appoints Florida Supreme Court justices and District Court of Appeal judges, who then run in merit retention elections to stay on the bench.
If only one person qualifies for a judicial position, that individual is elected (or reelected) unopposed, without being placed on either the primary or general election ballot. Contested judicial races appear on primary ballots, only going to a general election ballot if no candidate receives a majority of votes in the primary. Because of this, only a few judicial races may reach the general election ballot. However, this process makes sure that a second round of voting can happen on the general election ballot, if necessary.
In merit retention elections, judges are on the general election ballot every six years as they near the end of their terms.
When there is a vacancy, the governor fills the term by appointment. Within three years after appointment, the person who fills the vacancy must be re-elected to remain on the bench for a full six-year term.
Judges make decisions on a wide range of issues, both large and small, including traffic violations, small claims, landlord-tenant disputes, personal injury cases, criminal matters, death penalty cases, probate, guardianship, contract disputes, employment, marital dissolution, child custody, property, constitutional rights, and more. Voting in these elections ensures that judges are selected by residents of the communities they serve.
Choosing Florida's Judges
Top Five Facts to Know
Your Ballot Matters
Many voters skip voting on judges. According to a 2024 Sachs Media voter survey, only 47% of Florida voters feel confident about judicial elections and merit retention. Don’t leave your ballot blank – use the Vote’s in Your Court resources to make informed decisions.
Why Voting on Judges is Important
Judges make decisions that impact our lives daily, from interpreting laws to resolving disputes. Your vote helps ensure the judiciary remains fair, impartial, independent, and accountable.
Merit Retention vs. Judicial Elections
Judicial elections are held for trial court judgeships, where two or more candidates qualify to be on the ballot. Merit retention applies to governor-appointed appellate judges and Supreme Court justices, who face a ‘yes’ or ‘no’ vote from the public to remain in their position.
Voting ‘Yes’ or ‘No’ on Judges
In merit retention, judges do not run against other candidates. Voters simply decide if the judge should remain in their role based on their performance.
Nonpartisan Judicial Elections
Judicial candidates cannot affiliate with political parties, ensuring judges remain impartial and base their decisions solely on the law and case specifics.