Goodbye, Montesquieu: Executive Spillovers in Judicial Elections

Nicola Fontana, Tommaso Nannicini and James Snyder

No 21544, CEPR Discussion Papers from Centre for Economic Policy Research

Abstract: We study whether the partisan affiliation of U.S. state governors affects the outcome of partisan judicial elections. Exploiting close gubernatorial races from 1946 to 2023, we find that electing a Democratic (Republican) governor significantly increases the subsequent vote share of Democratic (Republican) judicial candidates. This executive spillover effect arises despite the formal institutional independence of the judiciary and holds in contexts with similar levels of polarization and partisanship. Our findings show that, under partisan judicial elections, even narrow shifts in executive power can erode the separation of powers, as some voters adjust their judicial choices in response to the partisan control of the executive. This effect is stronger when executive and legislative powers are unified and when the judicial election occurs soon after the governor's race.

JEL-codes: D72 D73 K40 (search for similar items in EconPapers)
Date: 2026-05
References: Add references at CitEc
Citations:

Downloads: (external link)
https://cepr.org/publications/DP21544 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cpr:ceprdp:21544

Ordering information: This working paper can be ordered from
https://cepr.org/publications/DP21544

Access Statistics for this paper

More papers in CEPR Discussion Papers from Centre for Economic Policy Research 33 Great Sutton Street, London EC1V 0DX, UK.
Bibliographic data for series maintained by CEPR ().