Washington judicial elections, 2016

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Nine seats on Washington's state-level courts were up for election on November 8, 2016, with a primary on August 2. Three seats on the Washington State Supreme Court joined six seats on the Washington Court of Appeals on the ballot.

The supreme court seats up for election were held by Chief Justice Barbara Madsen, Justice Mary Yu, and Justice Charlie Wiggins heading into the election. Each justice elected to the court serves a six-year term.

Judges Stephen Dwyer, Michael Trickey, Rebecca Pennell, Bradley A. Maxa, Jill M. Johanson, and George Fearing held the appeals court seats up for election in 2016. Each judge elected to the court serves a six-year term.

HIGHLIGHTS
  • The 2016 election was the first election since the 1990s in which all the incumbent supreme court justices running for re-election had challengers.[1]
  • All incumbents won re-election.
  • General election candidates

    Supreme Court

    Justice, Position 1

    Mary Yu Green check mark transparent.png (Incumbent)
    David DeWolf

    Justice, Position 5

    Barbara Madsen Green check mark transparent.png (Incumbent)
    Greg Zempel

    Justice, Position 6

    Charlie Wiggins Green check mark transparent.png (Incumbent)
    Dave Larson

    Court of Appeals

    Division 1

    District 1

    Michael Trickey Green check mark transparent.png (Incumbent/Unopposed)

    District 2

    Stephen Dwyer Green check mark transparent.png (Incumbent/Unopposed)

    Division 2

    District 1

    Bradley A. Maxa Green check mark transparent.png (Incumbent/Unopposed)

    District 3

    Jill M. Johanson Green check mark transparent.png (Incumbent/Unopposed)

    Division 3

    District 2

    George Fearing Green check mark transparent.png (Incumbent)
    Patrick McBurney

    District 3

    Rebecca Pennell Green check mark transparent.png (Incumbent/Unopposed)

    Election results

    November 8 general election

    Incumbent Mary Yu defeated David DeWolf in the general election for the Washington Supreme Court, Position 1.
    Washington Supreme Court, Position 1, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Mary Yu Incumbent 57.33% 1,577,495
    David DeWolf 42.67% 1,174,263
    Total Votes (100% reporting) 2,751,758
    Source: Washington Secretary of State Official Results
    Incumbent Barbara Madsen defeated Greg Zempel in the general election for the Washington Supreme Court, Position 5.
    Washington Supreme Court, Position 5, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Barbara Madsen Incumbent 61.95% 1,679,786
    Greg Zempel 38.05% 1,031,698
    Total Votes (100% reporting) 2,711,484
    Source: Washington Secretary of State Official Results
    Incumbent Charlie Wiggins defeated Dave Larson in the general election for the Washington Supreme Court, Position 6.
    Washington Supreme Court, Position 6, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Charlie Wiggins Incumbent 57.49% 1,535,554
    Dave Larson 42.51% 1,135,285
    Total Votes (100% reporting) 2,670,839
    Source: Washington Secretary of State Official Results
    Incumbent Michael Trickey ran unopposed in the general election for the Washington Court of Appeals, Division 1, District 1.
    Washington Court of Appeals, Division 1, District 1, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Michael Trickey Incumbent (unopposed) 100.00% 632,098
    Total Votes (100% reporting) 632,098
    Source: Washington Secretary of State Official Results
    Incumbent Stephen Dwyer ran unopposed in the general election for the Washington Court of Appeals, Division 1, District 2.
    Washington Court of Appeals, Division 1, District 2, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Stephen Dwyer Incumbent (unopposed) 100.00% 254,988
    Total Votes (100% reporting) 254,988
    Source: Washington Secretary of State Official Results
    Incumbent Bradley A. Maxa ran unopposed in the general election for the Washington Court of Appeals, Division 2, District 1.
    Washington Court of Appeals, Division 2, District 1, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Bradley A. Maxa Incumbent (unopposed) 100.00% 236,749
    Total Votes (100% reporting) 236,749
    Source: Washington Secretary of State Official Results
    Incumbent Jill M. Johanson ran unopposed in the general election for the Washington Court of Appeals, Division 2, District 3.
    Washington Court of Appeals, Division 2, District 3, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Jill M. Johanson Incumbent (unopposed) 100.00% 211,205
    Total Votes (100% reporting) 211,205
    Source: Washington Secretary of State Official Results
    Incumbent George Fearing defeated Patrick McBurney in the general election for the Washington Court of Appeals, Division 3, District 2.
    Washington Court of Appeals, Division 3, District 2, 2016
    Candidate Vote % Votes
    Green check mark transparent.png George Fearing Incumbent 53.60% 86,411
    Patrick McBurney 46.40% 74,813
    Total Votes (100% reporting) 161,224
    Source: Washington Secretary of State Official Results
    Incumbent Rebecca Pennell ran unopposed in the general election for the Washington Court of Appeals, Division 3, District 3.
    Washington Court of Appeals, Division 3, District 3, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Rebecca Pennell Incumbent (unopposed) 100.00% 106,059
    Total Votes (100% reporting) 106,059
    Source: Washington Secretary of State Official Results

    August 2 primary election

    Incumbent Justice Barbara Madsen and challenger Greg Zempel defeated John Scannell and advanced to the November 8 general election.

    Washington Supreme Court Primary, Position 5, 2016
    Candidate Vote % Votes
    Green check mark transparent.png Barbara Madsen Incumbent 63.90% 759,475
    Green check mark transparent.png Greg Zempel 29.71% 353,149
    John Scannell 6.38% 75,849
    Total Votes (2000 of 2000 reporting: 100%) 1,188,473
    Source: Washington Secretary of State Official Results

    Race background

    The 2016 election was the first since the 1990s in which all three state supreme court justices up for re-election faced opponents.[1] At least one justice in every election typically runs unopposed, but this year all three incumbents drew challengers. Republican state Representative Matt Manweller said he and other lawmakers actively recruited candidates to run against the justices.[1] This was partly because of the court's decisions in the long-running school funding case McCleary v. Washington, over which the court drew criticism from both Republicans and Democrats for holding the state in contempt of court, and in a separate case about the state funding of charter schools.

    Those in favor of replacing the justices said the court has overstepped its boundaries into legislation and policymaking and failed to respect the autonomy of the state legislature.[1] In the McCleary school funding case, the court both found the state government in contempt and fined the state $100,000 per day until the state complied with the court's orders.[2][3]

    In a separate case, the court ruled unconstitutional the state funding of charter schools right before those schools were set to open in 2015.

    Satellite spending

    The political action committee arm of the group Stand for Children spent $116,000 promoting the campaign of Greg Zempel, who challenged Chief Justice Barbara Madsen for her seat on the court.[4] Madsen authored the court's 2015 decision declaring Washington's charter schools, in their form at that time, unconstitutional. The legislature passed a new bill in 2016 that allowed charter schools to continue; opponents threatened to sue over this law as well.[4] Stand for Children's spending on Zempel's campaign was funded by several of the backers of charter schools who were opposed to the court's 2015 decision. The primary donors include Connie Ballmer, wife of former Microsoft CEO Steve Ballmer; Reed Hastings, founder and CEO of Netflix; and Vulcan Inc., owned by Microsoft co-founder Paul Allen. Vulcan and Ballmer were also among the primary backers of the ballot initiative that paved the way for the charter schools.[4]

    Selection

    See also: Judicial selection in Washington

    Judges in Washington participate in nonpartisan elections. Elections may be held in both odd and even-numbered years.[5] Washington is a vote-by-mail state.[6]

    Primary election

    Nonpartisan primaries are held only if more than two candidates file for a position.[7] The two candidates who receive the greatest number of votes in the primary advance to the general election.[8][9]

    General election

    In counties with populations greater than 100,000, if only one superior court candidate files for election for a judgeship, that candidate is automatically elected and the county does not hold a general election for the seat.[5]

    State profile

    Demographic data for Washington
     WashingtonU.S.
    Total population:7,160,290316,515,021
    Land area (sq mi):66,4563,531,905
    Race and ethnicity**
    White:77.8%73.6%
    Black/African American:3.6%12.6%
    Asian:7.7%5.1%
    Native American:1.3%0.8%
    Pacific Islander:0.6%0.2%
    Two or more:5.2%3%
    Hispanic/Latino:12%17.1%
    Education
    High school graduation rate:90.4%86.7%
    College graduation rate:32.9%29.8%
    Income
    Median household income:$61,062$53,889
    Persons below poverty level:14.4%11.3%
    Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
    Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Washington.
    **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

    Presidential voting pattern

    See also: Presidential voting trends in Washington

    Washington voted for the Democratic candidate in all six presidential elections between 2000 and 2020.

    Pivot Counties (2016)

    Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, five are located in Washington, accounting for 2.43 percent of the total pivot counties.[10]

    Pivot Counties (2020)

    In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Washington had four Retained Pivot Counties and one Boomerang Pivot County, accounting for 2.21 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

    More Washington coverage on Ballotpedia

    Recent news

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    See also

    Washington Judicial Selection More Courts
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    External links

    Footnotes