Retention election

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A retention election or retention referendum is a referendum where voters are asked if an office holder, usually a judge, should be allowed to continue in that office. The judge is removed from office if a majority of votes are cast against retention. Retention elections are held periodically, usually at the same time as a general election.

A judicial retention vote differs from a regular election in that voters are not asked to choose from a list of candidates — the judges on the ballot do not have opponents. Rather, the voter chooses between electing the incumbent judge to a further term in office (i.e. voting in favor of "retention") or voting against. They are usually nonpartisan, as the judge's party affiliation, if any, typically is not listed on the ballot.^[1] A judge is deemed to have been retained if ballots cast in favor of retention outnumber those against.

By way of example, judicial retention elections are used in the U.S. state of Illinois. In the 2008 general election, the voters of Cook County, Illinois were asked to vote on the following:^[2]

Shall each of the persons listed be retained in office as Judge of the Appellate Court, First Judicial District?

Michael J. Gallagher, Yes or No

Margaret Stanton McBride, Yes or No

Additional instructions on the ballot made clear that "no judge listed is running against any other judge" and that voters were able to vote "yes" on both, "no" on both, or "yes" on one and "no" on the other.