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Goodbye, Montesquieu: Executive Spillovers in Judicial Elections

Author

Listed:
  • Nicola Fontana

    (Department of Economics, Trinity College Dublin)

  • Tommaso Nannicini

    (School of Transnational Governance, European University Institute)

  • James M. Snyder, Jr.

    (Department of Government, Harvard University)

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.

Suggested Citation

  • Nicola Fontana & Tommaso Nannicini & James M. Snyder, Jr., 2026. "Goodbye, Montesquieu: Executive Spillovers in Judicial Elections," Trinity Economics Papers tep0626, Trinity College Dublin, Department of Economics.
    • Handle: RePEc:tcd:tcduee:tep0626
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    File URL: https://www.tcd.ie/Economics/TEP/2026/TEP0626.pdf
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    References listed on IDEAS

    as
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    Keywords

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    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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