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.
Most judicial races appear on primary ballots, only going to a general election ballot if no candidate receives a majority of votes in the primary. Due to this, only a few judicial races may reach the general election ballot. However, this process ensures that a second round of voting can occur during the general election, if necessary.
In merit retention elections, judges will be placed 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. The person who fills the vacancy serves the rest of the term and must then be re-elected to remain on the bench.
In Florida, judges are either elected or retained by the voters, giving the public the power to decide who holds these critical positions. 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, 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. 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, and accountable.
Merit Retention vs. Judicial Elections
Judicial elections are held for trial court judges, where voters choose candidates. 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.