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This question applies only to certain states where voters are involved in the state court selection process. There is no election for federal judges.

What happens next depends on the laws of the state. If the candidate is running uncontested, he or she would lose the seat and a new candidate would be appointed by whatever provisional means are specified in the state statutes. For example, in some states the Governor or a judicial panel would select a replacement who may then serve an appointment until confirmation is required in a general election.

If two or more candidates are vying for the same position, whoever receives the majority of votes would win. If the person is not incumbent, then the losing incumbent would leave office on the designated day and the new judge would take the vacant seat.

Laws vary by state.

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Q: What happens if voters refuse to confirm or reelect a Supreme Court or District Court of Appeals justice?
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