OH, MI: On Empirical Examinations of Judicial Elections.

Abstract

Studies of state judicial selection systems require accurate classification of electoral systems. While agreement exists for most states, Ohio and Michigan are difficult to classify. In this paper, we discuss the different practices and explain how, in the absence of candidates’ party affiliation on the ballot, elections in these states may justifiably be classified as partisan. Replicating the results of an important study on participation in judicial elections, we show how the treatment of these states may result in differing substantive conclusions. We conclude by urging scholars to provide evidence that their results are robust to alternative classifications.