Texas elects judges through partisan elections at nearly every level of its court system. Candidates run under a Republican or Democratic label, compete in their party’s primary, and then face the other party’s nominee in the November general election with their party affiliation printed next to their name on the ballot. Texas is one of only a handful of states that uses partisan elections for judges without pairing them with retention elections later, so every term is a contested race rather than an up-or-down vote on the sitting judge.
The Election Cycle From Primary to General
Judicial races follow the same calendar as other state offices. Republican and Democratic candidates file for their party’s primary, held on the first Tuesday in March of even-numbered years. The 2026 primary is set for March 3.1Texas Secretary of State. March 3, 2026 Primary Election Law Calendar and May 26, 2026 Primary Runoff Election Law Calendar To appear on the primary ballot, a judicial candidate either pays a filing fee to the state party chair or submits a petition signed by qualified voters. Fees vary by court and district population. A district judge in a smaller district pays $1,500; in a county with more than 1.5 million people, the fee is $2,500. Courts of appeals seats range from $1,875 to $2,500, and justice of the peace fees run from $375 to $1,000 depending on county size.
A candidate must win a majority in the primary to take the nomination. If no one clears that threshold, the top two finishers meet in a runoff. The 2026 runoff is scheduled for May 26.1Texas Secretary of State. March 3, 2026 Primary Election Law Calendar and May 26, 2026 Primary Runoff Election Law Calendar The primary winner then represents the party in November, where judicial races sit on the same ballot as state and federal contests. Voter behavior in these down-ballot races is heavily influenced by the top of the ticket.
Texas eliminated straight-ticket voting starting with the 2020 election, so voters can no longer check one box to vote for every candidate of a single party. Before that change, judicial candidates often rode into office on the strength of a popular governor or presidential candidate. Ending the practice hasn’t changed the partisan structure of judicial races, but it has increased ballot roll-off, where voters skip judicial races they don’t feel informed enough to answer.
Which Courts Use Partisan Elections
The partisan election system covers every major tier of the Texas judiciary except municipal courts. Voters choose the justices of the Supreme Court of Texas, which has final say over civil matters, and the judges of the Court of Criminal Appeals, which is the court of last resort for criminal cases. Both courts have nine members serving staggered six-year terms.
Below those sit the intermediate courts of appeals, which review trial court decisions. Texas now has 15 courts of appeals, including the recently created 15th Court of Appeals, known as the Business Court.2Texas Office of Court Administration. Courts of Appeals District courts serve as the main trial courts for felonies and major civil cases. County courts at law, statutory probate courts, constitutional county courts, and justices of the peace round out the elected bench. All of these judges are chosen through the same partisan process.
Municipal court judges are the exception. Cities select them by appointment or election depending on the city’s charter or local ordinance. In general-law cities, the mayor serves as the municipal court judge unless the city votes to appoint or elect someone else. Home-rule cities set their own selection process.
Who Can Run
Article 5 of the Texas Constitution sets minimum qualifications that get stricter as you move up the court system. Winning a primary is not enough; a candidate has to clear these constitutional bars first.
Supreme Court, Court of Criminal Appeals, and Courts of Appeals
Justices on the Supreme Court must be at least 35 years old, U.S. citizens, Texas residents, and must have practiced law or served as a judge for at least ten years. Judges on the Court of Criminal Appeals meet the same standard.3Justia Law. Texas Constitution Article 5 – Section 4 Courts of appeals justices are held to the same qualifications as Supreme Court justices.4Justia Law. Texas Constitution Article 5 – Section 6
District Courts
District court judges must be at least 25 years old and must have worked as a practicing lawyer or judge in Texas for at least eight years before the election. Their law license cannot have been revoked, suspended, or subject to a probated suspension during that period. They must also have lived in their district for at least two years before the election.
County Courts and Justice Courts
County court at law judges generally must be licensed attorneys with at least four years of legal experience. Constitutional county judges and justices of the peace are not required to hold a law license. The constitution asks only that they be “well informed in the law,” a standard with no formal metric. The justice of the peace hearing a small-claims case may have no legal training at all.
How Vacancies Get Filled Between Elections
Elections aren’t the only way judges reach the bench. When a judge on the Supreme Court, Court of Criminal Appeals, a court of appeals, or a district court leaves office before the term expires, the Governor appoints a replacement.5Justia Law. Texas Constitution Article 5 – Section 28 If the Legislature is in session, the Senate must confirm the nominee by a two-thirds vote of the members present. If the appointment happens during a recess, the Governor must submit the nominee to the Senate within the first ten days of the next session. A nominee the Senate does not confirm is considered rejected when the Legislature adjourns.6Office of the Texas Governor. Governor’s Appointments
An appointed judge serves only until the next general election. At that point, the seat goes on the ballot, and the appointee must win a partisan election to keep it. The winner serves out the remainder of the unexpired term.5Justia Law. Texas Constitution Article 5 – Section 28 Appointments are always temporary and always subject to voter review.
County-level vacancies work differently. When a county judge or justice of the peace seat opens up, the county Commissioners Court fills it rather than the Governor.5Justia Law. Texas Constitution Article 5 – Section 28 That appointee also serves only until the next general election.
Campaign Money and What Candidates Can Say
Judicial races in Texas carry contribution limits that don’t apply to most other state offices. The Judicial Campaign Fairness Act caps what individual donors, political committees, and law firms can give a judicial candidate, and the caps vary by court level and district population.7Texas Ethics Commission. Campaign Finance Guide for Judicial Candidates and Officeholders
For individual contributions per election, the caps are:
- Statewide judicial offices (Supreme Court, Court of Criminal Appeals): $5,000
- District or appellate courts in districts over 1 million people: $5,000
- District or appellate courts in districts of 250,000 to 1 million: $2,500
- District or appellate courts in districts under 250,000: $1,000
General-purpose political action committees face separate limits. A single PAC can give up to $25,000 to a statewide judicial candidate and up to $5,000 for any other judicial office. The Act also sets aggregate limits on how much a candidate can accept from all PACs combined, and it tracks contributions from members of a “law firm group” as a collective. All contributions and expenditures must be disclosed in reports filed with the Texas Ethics Commission.8Texas Ethics Commission. Texas Election Code – Regulating Political Funds and Campaigns
The Texas Code of Judicial Conduct also restricts what candidates can say during a campaign. A judicial candidate cannot make pledges or promises about how they would rule on pending or anticipated cases, cannot suggest a predisposition on categories of cases, and cannot knowingly misrepresent their own qualifications or an opponent’s record. Judicial candidates cannot publicly endorse other candidates for office either, though they can identify themselves with a political party and attend party events. The system requires partisan affiliation to get on the ballot, then limits how far a candidate can take that partisanship.
The Long-Running Debate Over the System
Texas has debated overhauling judicial elections for decades without making a change. The core criticism is that partisan elections create the appearance of bias. Donors who give to a judge’s campaign may later appear in that judge’s courtroom, and even when the judge acts impartially, the perception is hard to shake. The contribution limits in the Judicial Campaign Fairness Act exist because the Legislature recognized the problem; critics say the limits don’t go far enough.
Voter information is the other running concern. Party label drives most judicial voting, so a strong year for one party at the top of the ticket can sweep in unknown candidates while experienced judges from the other party lose their seats. Ending straight-ticket voting in 2020 was supposed to push voters toward more deliberate choices, but the partisan label on the ballot still carries the race.
Reform proposals have surfaced in the Legislature multiple times, including plans to switch to merit selection or to change the process only in large urban counties. None have passed. Any constitutional amendment would need voter approval, and for now, Texas keeps picking its judges through partisan elections.