This is The Marshall Project’s Closing Argument newsletter, a weekly deep dive into a key criminal justice issue. Want this delivered to your inbox? Sign up for future newsletters. This edition features a takeover by Daniel Nichanian, editor-in-chief of Bolts Magazine, who is one of the best people to help make sense of what’s at stake in criminal justice in the midterm elections.
With the midterms just 10 days away, you’re probably closely watching the battle for Congress, and for good reason: Control of the U.S. House and Senate are the biggest ticket items on Nov. 3. But if you’re reading this, chances are you also care about criminal justice and law enforcement, issues largely shaped by down-ballot races all over the country.
Some sheriffs connected to far-right organizations are seeking reelection. So are state supreme court justices who have tackled major cases on sentencing and defendants’ rights. In prosecutor races, reform candidates are once again testing whether the legal system can be changed from the inside. And voters will weigh in on some criminal justice policies directly via ballot measures, including deciding whether to restrict pretrial release or require local cooperation with federal immigration authorities.
At Bolts, we recently published a cheat sheet to hundreds of local and state elections in the 2026 midterms. And I’ve spent much of the past year tracking the most pivotal contests across the country on criminal justice issues.
Here’s what I’m following:
In this story:
Dozens of elections for state supreme courts
In 27 states, voters will elect justices to their state supreme courts. These courts matter for civil cases, from redistricting and abortion rights to lawsuits against other state laws or procedures. But they are also the highest local authority in criminal cases.
The Michigan Supreme Court, for instance, has issued major rulings recently that have repeatedly restricted life-without-the-possibility-of-parole sentences. Two justices who joined the majority in those rulings, Democrats Megan Cavanagh and Noah Hood, are running for reelection against a pair of Republican challengers.
In California, the two justices who are up for reelection took opposing sides in a 2024 ruling that upheld the practice of sentencing young adults to life without parole. Meanwhile, in Oregon, Justice Chris Garrett, who is up for a second term, recently voted with the majority in a ruling that forced the state to dismiss criminal cases if it cannot guarantee timely legal counsel to defendants.
And in Washington state, which has been home to several landmark criminal justice decisions in recent years, the majority of the court is on the ballot all at once — the only state where that’s the case.
To learn more, read Bolts’ guide to every state supreme court election.
Ballot measures on punishment and policing
Virginia’s state constitution declares that anyone with a felony conviction loses the right to vote for life. The policy dates back to 1902, when politicians gathered for a constitutional convention aimed at entrenching white supremacy in state politics. More than a century later, that extraordinarily harsh rule may soon be overturned: Virginians are voting on a constitutional amendment in November that would restore the right to vote to anyone who is not presently incarcerated.
The Virginia referendum is just one of many ballot measures next month that will affect the shape of policing and incarceration.
Coloradans are voting on a measure, sponsored by a conservative organization, that would require local law enforcement to collaborate with federal immigration authorities. Voters are also considering a measure that would ramp up sentencing for charges related to fentanyl. Three states — Indiana, Louisiana and Tennessee — are considering constitutional amendments that would restrict bail and outright prohibit pretrial release in some cases. Massachusetts is voting on a measure that would de-legalize recreational use of marijuana. And in Kentucky, a proposed amendment would limit the governor’s power to grant clemency over the final months of his term, a reaction to controversial pardons issued by Matt Bevin at the very end of his governorship in 2019.
Also watch for important measures at the local level. The small town of York, Maine, may decide to ban Flock cameras and other automated license plate readers amid growing backlash against the technology. And in Pierce County, the second most populous in Washington state, a local measure would end sheriff elections altogether and make this an appointed position. As Bolts reported last month, that would also cut short the term of Keith Swank, a sheriff notorious for inflammatory statements and extreme right-wing politics in blue-leaning Pierce County.
Sheriffs and immigration enforcement
When Swank, the Pierce County sheriff, spoke at a hearing this summer to oppose the measure that would end his term, he told the public, “I’m proud that I have more complaints than any other officer or sheriff in the state.”
His statement captures the confrontational style of many sheriffs, who can often enter election season with the confidence that they’ll go unchallenged. And to be sure, many sheriffs across the country are about to win reelection without having to face an opponent. Still, some notorious sheriffs have real challengers.
I’ve put together this primer with the most pivotal sheriff elections you should be watching — out of the hundreds on the ballot this fall — and here’s what stands out.
Maryland’s Chuck Jenkins — who has targeted immigrant communities for decades in his diversifying county less than an hour from the nation’s capital — is running to stay in power against an opponent who vows to shun collaboration with ICE and use the sheriff’s office as a check on immigration enforcement in his community. In North Carolina, Sheriff Terry Johnson, who was investigated during the Obama administration for racist statements and practices, faces independent challenger Shannon Long. Long says he wants to rebuild trust among immigrant residents and has accused the incumbent sheriff of racial profiling.
One of the most notorious figures in the conservative “constitutional sheriffs” movement, Washington state’s Bob Songer, is retiring this year at the age of 81. Bolts recently reported, in partnership with InvestigateWest, on how his legacy has shaped the contours of the contest to replace him.
Reforms and prosecutor’s elections
When Mary Moriarty, a career public defender, was elected as Minneapolis’ chief prosecutor in 2022, it marked one of the defining victories of the so-called progressive prosecutor movement, but Moriarty chose not to seek a second term this year. The race to replace her is one of the most important for advocates of criminal justice reform: A candidate who is generally aligned with Moriarty is facing an opponent who is running on making a stark break with her reforms.
This is just one of hundreds of prosecutor elections this fall, and one of the many contested DA elections I’ve identified for their clear stakes for criminal justice policy.
In Texas’ Tarrant County, home to Fort Worth and one of the nation’s most populous counties, two candidates are vying to lead the DA’s office that spent a decade prosecuting Crystal Mason, a woman who made the mistake of casting a provisional ballot while on probation. In Spokane County, Washington, an independent candidate is vying to lead an office known for punitive practices. “If we’re prosecuting everything,” she told me this fall, “we’ve just essentially created a revolving door of crime.” In Los Angeles, two candidates vying for city attorney have starkly different visions of how harshly they should be prosecuting low-level offenses.
And in Ouachita Parish, in northeast Louisiana, a judge who vacated the conviction of a man who spent decades on death row is now running to take over the local district attorney’s office.
What else should you be watching?
So many different offices affect the criminal legal system, and the list of interesting races extends far beyond what we can cover in one newsletter. For example, we didn’t even get to state attorneys general, who often set the tone for local prosecutors. There are a dozen competitive elections for this office this fall — including the race to replace Ken Paxton in Texas.
Republicans and Democrats are also battling to control many state legislatures, and the results will determine the policy agendas in state Capitols. For instance, Democrats are eyeing full control of Arizona and Pennsylvania’s state governments for the first time in decades. In some municipal elections, policing and surveillance continue to be a dividing line. The candidates for mayor in Los Angeles have attacked each other over homelessness and encampment sweeps, while the candidates who want to lead Asheville, North Carolina, have different records on Flock cameras.
To learn more about these elections and hundreds more, check out our elections guide — and consider signing up to our weekly newsletter, where we help you navigate the crowded landscape to detect the key stories you should know about.