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Voting Cues in Nonpartisan Trial Court Elections: A Multivariate Assessment

Published online by Cambridge University Press:  01 July 2024

Philip L. Dubois
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Abstract

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Despite a number of valuable scholarly contributions made in recent years, we still lack a precise understanding of the determinants of voter choice in low salience nonpartisan judicial elections. Utilizing a multivariate technique that controls for the varying numbers of candidates frequently found in judicial elections, this analysis examines the contributions of incumbency, occupational ballot labels, campaign spending, newspaper and bar association endorsements, voter information pamphlets, and the ethnic and sexual voting cues provided by candidate surnames to the outcomes of the 123 contested primary and run-off elections held for California's major trial court from 1976 to 1980.

The results suggest that the determinants of voter choice are quite different in the relatively well-publicized run-off elections than they are in the low visibility primary races. Additionally, judicial voters in the less populated California counties were found to rely upon different guides to voting than voters in California's metropolitan counties. The reasons for and implications of these differences are explored.

Type
Research Article
Information
Law & Society Review , Volume 18 , Issue 3 , 1984 , pp. 395 - 436
Copyright
Copyright © 1984 The Law and Society Association

Footnotes

*

Financial support for this research was provided by the Committee on Research and the Institute of Governmental Affairs at the University of California, Davis, and the California Policy Seminar Project study, “Maintaining Judicial Excellence in an Era of Increased Public Demand for Judicial Accountability,” directed by Professors Raymond I. Parnas and Floyd Feeney of the U.C. Davis School of Law. Laura Van Horst provided excellent research and computer assistance for all phases of this work. Dr. Paul F. Dubois of Lawrence Livermore Laboratory served as a statistical consultant and, as usual, a valuable source of brotherly advice. Susan Wilcox of the Social Science Data Service at U.C. Davis wrote the programs necessary to conduct the multivariate analyses reported here. I am also grateful to Professors Larry Baum, Kermit Hall, Gordon Bakken, and Richard Lempert for their helpful comments on an earlier draft of the manuscript.

References

References

ABRAMOWITZ, Alan I. (1975) “Name Familiarity, Reputation, and the Incumbency Effect in a Congressional Election,” 28 Western Political Quarterly 668.Google Scholar
ADAMANY, David (1969) Financing Politics. Madison: University of Wisconsin Press.Google Scholar
ADAMANY, David and Philip, DUBOIS (1976) “Electing State Judges,” 1976 Wisconsin Law Review 731.Google Scholar
ADRIAN, Charles R. (1952) “Some General Characteristics of Nonpartisan Elections,” 46 American Political Science Review 766.Google Scholar
ALFORD, Robert R. and Eugene C., LEE (1968) “Voting Turnout in American Cities,” 62 American Political Science Review 796.Google Scholar
BAIN, Henry M. Jr. and Donald S., HECOCK (1957) Ballot Position and Voter's Choice: The Arrangement of Names on the Ballot and its Effect on the Voter. Detroit: Wayne State University Press.Google Scholar
BARBER, Kathleen L. (1971) “Ohio Judicial Elections—Nonpartisan Premises With Partisan Results,” 32 Ohio State Law Journal 762.Google Scholar
BAUM, Lawrence (1983) “The Electoral Fates of Incumbent Judges in the Ohio Court of Common Pleas,” 66 Judicature 420.Google Scholar
BEECHEN, Paul D. (1974) “Can Judicial Elections Express the People's Choice?” 57 Judicature 242.Google Scholar
BERLESON, Bernard, LAZARSFELD, Paul F. and McPHEE, William N. (1954) Voting. Chicago: University of Chicago Press.Google Scholar
BERG, Larry L. and Leo, FLYNN (1980) “Voter Participation in Municipal Court Elections in Los Angeles County,” 2 Law and Policy Quarterly 161.Google Scholar
BERKSON, Larry, Scott, BELLER and Michele, GRIMALDI (1981) Judicial Selection in the United States: A Compendium of Provisions. Chicago: American Judicature Society.Google Scholar
BERNSTEIN, Robert A. and Jayne D., POLLY (1975) “Race, Class, and Support for Female Candidates,” 28 Western Political Quarterly 733.Google Scholar
BLUME, Norman and Schley, LYONS (1968) “The Monopoly Newspaper in a Local Election: The Toledo Blade,” 45 Journalism Quarterly 286.Google Scholar
BYRNE, Gary C. and J. Kristian, PUESCHEL (1974) “But Who Should I Vote for For County Coroner?” 36 Journal of Politics 778.Google Scholar
CARBON, Susan B. (1980) “Judicial Retention Elections: Are They Serving Their Intended Purpose?” 64 Judicature 210.Google Scholar
CARBON, Susan B. and Larry C., BERKSON (1980) Judicial Retention Elections in the United States. Chicago: American Judicature Society.Google Scholar
CHEIT, Ross and GOLZÉ, Sandy (1980) “Are Sitting Judges Sitting Ducks? The Case for Abolishing Judicial Elections,” 55 California State Bar Journal 414.Google Scholar
COCHRAN, Dena (1981) “The Providers of Mother's Milk for Those Expensive Judicial Races,” 12 California Journal 219.Google Scholar
CONWAY, M. Margaret (1968) “Voter Information Sources in a Nonpartisan Local Election,” 21 Western Political Quarterly 69.Google Scholar
COVER, Albert D. (1977) “One Good Term Deserves Another: The Advantage of Incumbency in Congressional Elections,” 21 American Journal of Political Science 523.Google Scholar
DAHL, Robert A. and Edward R., TUFTE (1973) Size and Democracy. Stanford: Stanford University Press.Google Scholar
DARCY, R. and Sarah Slavin, SCHRAMM (1977) “When Women Run Against Men,” 41 Public Opinion Quarterly 1.Google Scholar
DUBOIS, Philip L. (1979a) “The Significance of Voting Cues in State Supreme Court Elections,” 13 Law & Society Review 757.Google Scholar
DUBOIS, Philip L. (1979b) “Voter Turnout in State Judicial Elections: An Analysis of the Tail on the Electoral Kite,” 41 Journal of Politics 865.Google Scholar
DUBOIS, Philip L. (1980a) From Ballot to Bench: Judicial Elections and the Quest for Accountability. Austin: University of Texas Press.Google Scholar
DUBOIS, Philip L. (1980b) “Public Participation in Trial Court Elections,” 2 Law and Policy Quarterly 133.Google Scholar
DUBOIS, Philip L. (1983) “Judicial Elections in California: A Multivariate Appreciation of Recent Events.” Presented at the Annual Meeting of the Law and Society Association, Denver (June 2-5).Google Scholar
EKSTRAND, Laurie E. and William A., ECKERT (1981) “The Impact of Candidate's Sex on Voter Choice,” 34 Western Political Quarterly 78.Google Scholar
ERIKSON, Robert S. (1976) “The Influence of Newspaper Endorsements in Presidential Elections: The Case of 1964,” 20 American Journal of Political Science 207.Google Scholar
FERREE, Myra Marx (1974) “A Woman for President? Changing Responses: 1958-1972,” 38 Public Opinion Quarterly 390.Google Scholar
FREEMAN, J. Leiper (1958) “Local Party Systems: Theoretical Considerations and a Case Analysis,” 64 American Journal of Sociology 282.Google Scholar
GILBERT, Charles E. (1962) “Some Aspects of Nonpartisan Elections in Large Cities,” 6 Midwest Journal of Political Science 345.Google Scholar
GOLDSTEIN, Joel H. (1980) “Bar Poll Ratings as the Leading Influence on a Nonpartisan Judicial Election,” 63 Judicature 376.Google Scholar
GREGG, James E. (1965) “Newspaper Editorial Endorsements and California Elections, 1948-62,” 42 Journalism Quarterly 532.Google Scholar
GRIFFIN, Kenyon N. and Michael J., HORAN (1979) “Merit Retention Elections: What Influences the Voters?” 63 Judicature 78.Google Scholar
Michael J., HORAN (1981) “Determinants of Voting Behavior in Merit Retention Elections for Supreme Court Justices.” Presented at the Annual Meeting of the Western Political Science Association, Denver (March 27).Google Scholar
GUTERMAN, James H. and Errol E., MEIDINGER (1977) In the Opinion of the Bar: A National Poll of Bar Polling Practices. Chicago: American Judicature Society.Google Scholar
HAGENSICK, A. Clarke (1964) “Influences of Partisanship and Incumbency on a Nonpartisan Election System,” 17 Western Political Quarterly 117.Google Scholar
HAIN, Paul L. (1975) “How an Endorsement Affected a Non-Partisan Mayoral Vote,” 52 Journalism Quarterly 337.Google Scholar
HAWLEY, Willis D. (1973) Nonpartisan Elections and the Case for Party Politics. New York: John Wiley and Sons, Inc.Google Scholar
HERNDON, James (1962) “Appointment as a Means of Initial Accession to Elective State Courts of Last Resort,” 38 North Dakota Law Review 60.Google Scholar
JACOB, Herbert (1966) “Judicial Insulation—Elections, Direct Participation, and Public Attention to the Courts in Wisconsin,” 1966 Wisconsin Law Review 801.Google Scholar
JACOBSON, Gary C. (1980) Money in Congressional Elections. New Haven: Yale University Press.Google Scholar
JACOBSON, Gary C. (1983) The Politics of Congressional Elections. Boston: Little, Brown and Company.Google Scholar
JENKINS, William Jr. (1977) “Retention Elections: Who Wins When No One Loses?” 61 Judicature 79.Google Scholar
JOHNSON, Charles A., SHAEFER, Roger C. and McKNIGHT, R. Neal (1978) “The Salience of Judicial Candidates and Elections,” 59 Social Science Quarterly 371.Google Scholar
KARNIG, Albert K. and B. Oliver, WALTER (1977) “Municipal Elections: Registration, Incumbent Success, and Voter Participation,” in The Municipal Yearbook. Washington, D.C.: International City Management Association.Google Scholar
KEY, V.O. Jr. (1949) Southern Politics in State and Nation. New York: Alfred A. Knopf, Inc.Google Scholar
KLOTS, Allen T. (1973) “The Selection of Judges and the Short Ballot,” in Winters, G. (ed.), Selected Readings: Judicial Selection and Tenure. Chicago: American Judicature Society.Google Scholar
LADINSKY, Jack and Allan, SILVER (1967) “Popular Democracy and Judicial Independence,” 1967 Wisconsin Law Review 128.Google Scholar
LEE, Eugene C. (1960) The Politics of Nonpartisanship. Berkeley: University of California Press.CrossRefGoogle Scholar
LINEBERRY, Robert L. and Edmund R., FOWLER (1967) “Reformism and Public Policies in American Cities,” 61 American Political Science Review 701.Google Scholar
LINEBERRY, Robert L. and Ira, SHARKANSKY (1971) Urban Politics and Public Policy. New York: Harper and Row.Google Scholar
LOVRICH, Nicholas P. Jr. and Charles H., SHELDON (1983) “Voters in Contested, Nonpartisan Judicial Elections: A Responsible Electorate or a Problematic Public?” 36 Western Political Quarterly 241.Google Scholar
MAYHEW, David R. (1974) Congress: The Electoral Connection. New Haven: Yale University Press.Google Scholar
McCLENGHAN, Jack Sean (1973) “Effect of Endorsements in Texas Local Elections,” 50 Journalism Quarterly 363.Google Scholar
McCOMBS, Maxwell (1967) “Editorial Endorsements: A Study of Influence,” 44 Journalism Quarterly 545.Google Scholar
NAGEL, Stuart (1973) Comparing Elected and Appointed Judicial Systems. Beverly Hills: Sage Professional Papers in American Politics.Google Scholar
NAKANISHI, Masao (1972) “Measurement of Sales Promotion Effect at the Retail Level—A New Approach,” 34 Proceedings of the American Marketing Association 338.Google Scholar
NAKANISHI, Masao, COOPER, Lee G. and Harold H., KASSARJIAN (1974) “Voting for a Political Candidate Under Conditions of Minimal Information,” 1 Journal of Consumer Research 36 (September).Google Scholar
NELSON, Candice J. (1978) “The Effect of Incumbency on Voting in Congressional Elections, 1964-1974,” 93 Political Science Quarterly 665.Google Scholar
NIE, Norman H., HULL, C. Hadlai, JENKINS, Jean G., STEINBRENNER, Karin and Dale H., BENT (1975) Statistical Package for the Social Sciences. New York: McGraw-Hill Book Co.Google Scholar
OWENS, John R. and Edward C., OLSON (1977) “Campaign Spending and the Electoral Process in California, 1966-1974,” 30 Western Political Quarterly 493.Google Scholar
PHILIP, Cynthia Owen, Paul, NEJELSKI and Aric, PRESS (1976) Where Do Judges Come From? New York: Institute of Judicial Administration.Google Scholar
POMPER, Gerald (1966) “Ethnic and Group Voting in Nonpartisan Municipal Elections,” 30 Public Opinion Quarterly 79.Google Scholar
ROBINSON, John P. (1972) “Perceived Media Bias and the 1968 Vote: Can the Media Affect Behavior After All?” 49 Journalism Quarterly 239.Google Scholar
ROBINSON, John P. (1974) “The Press as King-Maker: What Surveys from the Last Five Campaigns Show,” 51 Journalism Quarterly 587.Google Scholar
ROGERS, Chester B. and Harold D., ARMAN (1971) “Nonpartisanship and Election to City Office,” 51 Social Science Quarterly 941.Google Scholar
ROPER, Robert T. (1981) “Model Building in Judicial Elections: The Case of the Irrational Voter?” Presented at the Annual Meeting of the Western Political Science Association, Denver (March 26-28).Google Scholar
ROTHSCHILD, Michael L. (1978) “Political Advertising: A Neglected Policy Issue in Marketing,” 15 Journal of Marketing Research 58.Google Scholar
RUBENSTEIN, Michael L. (1977) “Alaska's Judicial Evaluation Program: A Poll the Voters Rejected,” 60 Judicature 478.Google Scholar
SALISBURY, Robert H. and Gordon, BLACK (1963) “Class and Party in Partisan and Non-Partisan Elections: The Case of Des Moines,” 57 American Political Science Review 584.Google Scholar
SCARROW, Howard A. and Steve, BORMAN (1979) “The Effects of Newspaper Endorsements on Election Outcomes: A Case Study,” 43 Public Opinion Quarterly 388.Google Scholar
SHELDON, Charles H. (1977) “Influencing the Selection of Judges: The Variety and Effectiveness of State Bar Activities,” 30 Western Political Quarterly 397.Google Scholar
SHELDON, Charles H. and Nicholas P., LOVRICH Jr. (1982) “Judicial Accountability vs. Responsibility: Balancing the Views of Voters and Judges,” 65 Judicature 470.Google Scholar
SLEAD, Joann (1981) “Campaign Expenditures and Their Effect on Voting Turnout in Judicial Elections: The Case of California, 1974-1980.” Prepared for delivery at the Annual Meeting of the Western Political Science Association, Denver (March 26-28).Google Scholar
STOOKEY, John A. and George, WATSON (1980) “Merit Retention Elections: Can the Bar Influence Voters?” 64 Judicature 234.Google Scholar
SWINYARD, William R. and Kenneth A., CONEY (1978) “Promotional Effects on a High- Versus Low-Involvement Electorate,” 5 Journal of Consumer Research 41.Google Scholar
TURNEY, Kathy (1981) “Citizen Participation in the California Judicial System: The Public Demand for Judicial Accountability.” Unpublished discussion paper for the California Policy Seminar study, “Maintaining Judicial Excellence in an Era of Increased Public Demand for Judicial Accountability,” University of California, Davis, School of Law.Google Scholar
VTNYARD, Dale and Roberta S., SIGEL (1971) “Newspapers and Urban Voters,” 48 Journalism Quarterly 486.Google Scholar
VOLCANSEK, Mary L. (1981) “An Exploration of the Judicial Election Process,” 34 Western Political Quarterly 572.Google Scholar
VOLCANSEK, Mary L. (1982) “The Effects of Judicial Selection Reform: What We Know and What We Do Not,” in Dubois, P. L. (ed.), The Analysis of Judicial Reform. Lexington, MA: Lexington Books.Google Scholar
WELCH, W.P. (1976) “The Effectiveness of Expenditures in State Legislative Races,” 4 American Politics Quarterly 333.Google Scholar
WILLIAMS, Oliver P. and Charles R., ADRIAN (1959) “The Insulation of Local Politics Under the Nonpartisan Ballot,” 53 American Political Science Review 1052.Google Scholar

Statutes Cited

Cal. Elec. Code §§ 10012, 10216, 10217.Google Scholar