Six State Supreme Court Races Seen as Key Battlegrounds Ahead of Nov. 3 Election

Six state supreme court races are emerging as the key judicial battlegrounds ahead of the Nov. 3 election, with potential consequences for court majorities, redistricting fights, tax disputes and broader questions about judicial independence.

Ballotpedia, the nonpartisan elections reference site, highlighted Michigan, Montana, North Carolina, Ohio, Utah and Washington in an Oct. 27 Daily Brew item. But its topline numbers do not fully match its own broader 2026 election overview. While the Daily Brew said 23 states are holding state supreme court elections in November, Ballotpedia’s main 2026 page says 31 states are holding supreme court elections at some point this year and lists 25 states with Nov. 3 contests. That makes the “23 states” line a Ballotpedia data inconsistency, even as the six-state battleground list points to where the highest-stakes races are concentrated.

The clearest control fight is in Montana, where Amy Eddy and Dan Wilson are competing for one seat on a court Ballotpedia describes as holding a 4-3 liberal majority. Observers cited by Ballotpedia called it the only 2026 contest where a court majority is directly at stake. Ballotpedia also noted that Montana’s HB39, enacted in 2026, repealed the state’s ban on political party contributions to judicial campaigns, a change that raises the stakes for fundraising and direct party involvement.

Washington stands out for volume as much as consequence. Five Washington Supreme Court seats are on the Nov. 3 ballot: three incumbents seeking re-election and two special elections to fill vacancies. Ballotpedia and local reporting say the races are drawing added attention because major tax litigation could reach the court, including challenges tied to SB 6346, a 9.9% tax on household income above $1 million signed by Gov. Bob Ferguson in 2026.

In Utah, what is usually a lower-profile retention election has become a political flashpoint. Justice Jill Pohlman is up for a yes-or-no retention vote, and Ballotpedia and local reporting say the Utah Republican Party urged voters to reject her, citing dissatisfaction with recent rulings, including redistricting-related cases. The Utah State Bar pushed back, urging voters to rely on nonpartisan judicial evaluations instead of partisan messaging. “Judges are not elected through partisan campaigns,” Kim Cordova of the Utah State Bar told Axios Salt Lake City in April. “They are chosen through a rigorous process that includes application, screening, and vetting for qualifications, experience, and temperament.”

Michigan, North Carolina and Ohio each feature races that are important even if they are less likely to flip immediate control.

In Michigan, two seats are on the ballot. Ballotpedia lists Democratic incumbents Megan Cavanagh and Noah Hood, along with Republican challengers including Casandra Morse-Bills and Michael D. Warren Jr. Democrats held a 6-1 majority going into 2026, and Republican victories in both races would narrow that margin.

In North Carolina, Democratic Justice Anita Earls faces Republican Sarah Stevens in a partisan contest. Ballotpedia says Republicans currently hold a 5-2 majority, so the race is more significant for the court’s future trajectory than for immediate control.

Ohio also has two seats up this year. Ballotpedia lists Jennifer L. Brunner, a Democrat, against Republican Colleen O’Donnell for one seat, and Republican Dan Hawkins against Democrat Marilyn Zayas for the other. Republicans hold a 6-1 majority and have controlled the court since 1986.

The attention reflects the growing role of state high courts in settling major state policy disputes, including abortion and health care restrictions, redistricting and election law, ballot initiatives, taxation, criminal law and civil rights. This year’s contests also span three different selection systems: partisan elections, nonpartisan elections and retention votes, helping explain why the battleground map looks so varied from state to state.

Ballotpedia’s broader 2026 breakdown shows 63 of 344 state supreme court seats up for election this year: 15 in partisan races, 26 in nonpartisan races and 22 in retention contests. Historically, incumbents have been hard to beat. Ballotpedia says sitting justices running for re-election won about 92% of the time from 2008 through 2025.

That record suggests most incumbents will still be favored. But the number of closely watched races this year underscores how politically consequential state supreme courts have become.