Michigan Supreme Court Candidates Face Eligibility Issues in 2026 Race

As the Michigan Supreme Court election draws near, a curious situation has emerged involving six candidates vying for two coveted seats. Among them, two candidates, Thomas W. Howe and Jody White, face a significant barrier—they are not eligible to be sworn in if they win.

Both Thomas W. Howe and Jody White are on the ballot, having met the initial requirements to run. However, being on the ballot does not ensure their ability to assume office.

The Path to Candidacy

In Michigan, judicial candidates are nominated by political parties but appear on the ballot without party labels. Howe and White received their nominations from the U.S. Taxpayers Party of Michigan. The party’s chair, Donna Brandenburg, who is also their gubernatorial candidate, expressed her confidence in their legal acumen.

“I was so impressed and I am impressed by their command of the law,” Brandenburg told Michigan Public.

In interviews, both candidates shared their motivations for running. White cited a desire to disrupt what she views as a monopolized judiciary, while Howe argued for a change in the current Supreme Court, emphasizing that existing members are not fulfilling their duties.

Requirements for Office

Despite their candidacy, Howe and White are not attorneys, contradicting a key eligibility criterion in the Michigan Constitution. The constitution mandates that justices be licensed attorneys in Michigan, under 70 years of age, and have practiced law for at least five years.

An opinion from former Attorney General Frank Kelley in 1997 clarifies that candidates must meet these criteria by the time they take office. Nonetheless, Brandenburg remains undeterred, stating, “I don’t subscribe to the fact that they can’t take office. We’re just going to continue forward on this because the system has to be challenged.”

Potential Outcomes

University of Detroit Mercy Law Professor Aman McLeod explained potential scenarios if Howe or White were to win. If deemed ineligible, a quo warranto suit would likely be filed, and the next eligible highest vote-getter would assume the position. Alternatively, if a decision arrives post-inauguration, the governor would appoint a replacement.

The U.S. Taxpayers Party of Michigan, according to Brandenburg, does not plan to engage in legal challenges if either candidate wins, leaving future actions to the individuals themselves.

Meanwhile, the Democratic nominees, Megan Cavanagh and Noah Hood, are current justices, and the Republican nominees, Casandra Morse-Bills and Michael Warren, serve in lower Michigan courts.

Voter awareness remains crucial as some might inadvertently support ineligible candidates, affecting the final election outcome.