CBA Record November 2018

these patterns is certainly an interesting one, but in terms of election results it is beside the point. The bottom line is that the ballot order of candidates is having a significant impact on the composition of our judiciary. In fact, a review of election results from the last twenty years shows that, based on the above findings, more than ten percent of the judicial primary contest winners would have lost under at least one possible alternative ballot order. The majority of these winners were first- position candidates whose securing of the first position was the difference between victory and defeat. It should be noted that many jurisdic- tions eliminate these sorts of ballot-posi- tion effects by requiring ballot rotation. In a ballot rotation system, different ballots are prepared for different subunits of a jurisdiction, with each candidate appear- ing in each different ballot position on a roughly equal number of ballots. Evenly distributing the ballot positions in this manner denies any candidate an overall advantage over any other candidate. Ballot rotation is required by law in twelve U.S.

states, including California, Ohio and New Jersey, and is also used in New York City. Conclusion The purpose of my research has never been to promote or oppose any particular method for selecting judges or any particu- lar voting strategy. Nor should anything in this article be read to suggest that ballot- position effects produce substandard judges or cause significant harm to our judicial system. There is no evidence of any such thing happening. Nevertheless, this article’s findings should compel local policymakers and the public to consider whether or not ballot-position effects should continue to be tolerated in our electoral system. The practice of selecting judges by popular vote has its strengths and weaknesses, but even the most enthusiastic supporters of judicial elections would find it difficult to justify awarding votes to a candidate simply for standing in line and winning a random drawing. And because every candidate in a contest can enter the drawing, any of them can win, from the most qualified candidate to the least.

Ballot rotation is not without its draw- backs. It increases the cost and complex- ity of conducting elections, especially in populous jurisdictions, and it deprives candidates of the punch-number slogans that have long been popular and have proven to be effective. It may be that its costs outweigh its benefits and that the status quo is the preferred option. But clearly the November ritual needs to be reassessed with a proper understanding of its consequences. Albert J. Klumpp is a research analyst whose 2005 PhD dissertation examined voting patterns in judicial retention elections. This is his fifth article for the CBA Record on the subject of Cook County judicial selection. He can be contacted at albertk999@yahoo.com.

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30 NOVEMBER 2018