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Politics · Chicago area

Illinois Voters Face Judge Retention Tests Amid Midterm Races

State voters will decide on judicial retention and contested seats in 2026, with specific vote thresholds determining who keeps their bench positions.

By Noor Graham ·

Illustration for: Illinois Voters Face Judge Retention Tests Amid Midterm Races
Illustration generated for this article, not a news photograph.

Illinois voters will face a complex mix of judicial and legislative questions on the November 2026 ballot. Alongside races for the U.S. Senate, U.S. House, and the governor's office, citizens must decide on the future of several judges. These judicial decisions vary by county and court level, requiring voters to distinguish between contested races and retention votes.

The state operates three distinct levels of courts that place judges before the public. At the top, the five justices of the Illinois Supreme Court serve 10-year terms. After those terms, they face retention votes. The Appellate Court follows the same structure, with judges in five districts serving 10-year terms before facing similar retention tests.

The five districts of the Appellate and Supreme Courts align geographically. The First District consists solely of Cook County. The Second District covers McHenry, Lake, DeKalb, Kane, and Kendall counties. The Third District includes LaSalle, Grundy, DuPage, Will, and Kankakee counties. The Fourth District encompasses counties in the western part of the state, while the Fifth District covers the southern portion.

Below these levels sits the Circuit Court. Illinois contains 25 judicial circuits. Several counties in the Chicago area maintain their own circuits, including Cook, McHenry, Lake, DuPage, Kane, and Will. Circuit Court judges serve six-year terms and then face retention votes.

Voters in even-numbered years may encounter two types of judicial elections. Contested elections typically occur when a judge retires or when an appointment fills a vacancy mid-term. These races often feature Republican and Democratic candidates. A candidate in a contested race needs only a majority of votes to win.

Retention elections operate under stricter rules. A judge must receive 60% of the vote to keep their seat. If a judge fails to reach that threshold, the state appoints a replacement. That replacement then faces a contested election in the next cycle. This 60% threshold creates a higher bar for judges than the majority requirement in contested races.

Voters can determine which judges appear on their specific ballot by reviewing specimen ballots from their county of residence. These documents list the specific questions and names for that jurisdiction. Understanding the difference between a retention question and a contested race is essential for making an informed choice at the polls.

Several organizations provide tools to help voters evaluate these candidates. The Illinois State Bar Association publishes recommendations and conducts polls on judicial candidates each year. Residents of Cook County have additional resources, including yearly guides from Injustice Watch and the Chicago Council of Lawyers. These guides offer detailed surveys of judges for voters to review before heading to the polling place.

Illinois law allows voters to bring cheat sheets or other documents to the polls to aid their decision. Using a phone to reference notes is also permitted. This flexibility helps voters manage the volume of names and questions that may appear on a single ballot during midterm elections.

Source: NBC Chicago

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