Michigan residents casting ballots for judicial candidates encounter a distinct system: sitting judges are listed separately from those running for open seats. This separation is not arbitrary but is the result of a 1982 state law that fundamentally altered how judicial elections are presented to voters across the state.
Under this system, contests featuring a sitting judge appear on ballots under sections clearly marked as “Incumbent Position.” In contrast, races for judicial seats that do not include a current judge—due to a judge’s retirement, death, or the creation of a new position—are labeled “Non-Incumbent Position.” An example from a past Nov. 3 general election illustrates this: Wayne County’s 3rd Circuit Court had 16 incumbent judges seeking "incumbent" seats, while a separate section listed one candidate for a "non-incumbent" seat and another for a partial term. The only exception to this ballot rule involves races for a full term on the Michigan Supreme Court.
The 1982 legislation, which established this two-tiered ballot system, was heavily influenced by judges themselves. They lobbied state lawmakers, arguing that providing incumbents with their own section would enable them to concentrate on their judicial duties. This arrangement, they contended, would also help judges avoid the necessity of soliciting campaign funds, a practice that could potentially place them in ethically questionable situations. Former state Rep. Virgil C. Smith, a Detroit Democrat who sponsored the bill that became law, noted at the time that judges "have a lot more limitations on their ability to put a campaign together" compared to other politicians. Smith later served as a 3rd Circuit Court judge for 14 years before retiring in 2018, and in 2024, he reiterated his belief that judges deserve certain advantages within the political system.
Proponents of the change, including lawyers who supported the legislation, argued it would also benefit newcomers to the bench. They suggested that this system would offer new candidates a better opportunity to secure a judicial position by not forcing them to directly compete against established sitting judges. Additionally, supporters believed it would mitigate the risk of lawyers finding themselves arguing cases before a former political opponent if they were unsuccessful in their judicial bids.
However, the 1982 law was not without its critics. Opponents contended that separating judicial races by incumbency would effectively insulate sitting judges, granting them an even greater advantage over new candidates. This, they argued, could diminish the competitive nature of judicial elections. In 1976, prior to the law's passage, then-state Sen. Kerry Kammer (D-Pontiac) publicly criticized earlier proposals to separate some judicial races. Kammer stated that if the state was truly committed to electing its judges, then such elections "ought to be more than just window dressing." A Flint Journal story, commenting on the law's passage, stated that "Judges have used their awesome political power once again — this time to broaden a scheme to help many of them get re-elected."
Ultimately, state lawmakers advanced Smith's bill to Gov. William Milliken, who signed it into law in 1982. This marked a departure from the previous electoral system, where all judicial candidates, incumbents and challengers alike, ran against each other in a single contest. The change solidified a ballot structure that continues to shape Michigan's judicial elections, with discussions about its impact persisting decades later.