Illinois Supreme Court

Illinois Supreme Court Races Will Determine Control of State's Highest Court

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The Illinois Supreme Court currently has a liberal majority, but with three seats up for a vote this November, the balance of that court, and the fate of countless pieces of legislation, could hang in the balance.

Two seats will potentially see new justices, as the second district and third district will choose between a Democrat and a Republican in open elections. The third seat, located in the state's first district, is a retention vote for Justice Mary Jane Theis, who is slated to take over as the chief justice after the retirement of Anne Burke earlier this year.

As things stand, there are currently four Democrats and three Republicans on the Illinois Supreme Court. The third district seat, currently held by Robert Carter, is in the Democratic column for now, but if that seat flips, then the political balance of the court could change as well.

There is also an election in the second district, which is comprised of numerous north and west suburbs of Chicago, and includes McHenry, Lake, DeKalb, Kane and Kendall counties.

That seat was vacated when Republican Justice Michael Burke's residence was relocated to the third district as part of a redistricting plan passed after the 2020 Census.

Former Lake County Sheriff Mark Curran won the Republican nomination in the race, and he will oppose Democratic Appellate Court Judge Elizabeth Rochford in November.

Burke will instead run for the third district seat being vacated by Carter, trying to move it into the Republican column and to potentially swing that district to the GOP side of the ledger. He will be opposed by appellate court judge Mary K. O'Brien, a prominent Democrat who has held a variety of positions at various levels of state government.

The third district is made up of southern and far west suburbs of Chicago, and includes DuPage, Bureau, LaSalle, Grundy, Will, Kankakee and Iroquois counties.

There are a total of seven members of the Illinois Supreme Court, each of whom are selected for 10-year terms in office. Every 10 years, those justices put their names on the ballot for a retention vote, with 60% of the vote required to remain in office for a new 10-year term.

If a justice retires, then the justices remaining on the court select a new member, and then that justice goes onto the ballot in the next even-numbered year to try to win a full 10-year term.

As things stand now, Democrats hold both remaining seats in the first district, and Republicans currently hold seats in the fourth and fifth districts.

Democrats will need for Theis to be retained in the November ballot, and would need either Rochford or O'Brien to win their seats in order to keep their majority on the court.

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