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In states that use the merit plan, after their term is up a judge must stand for a retention election. Judges do not face opponents in a retention election.

In some jurisdictions, a judicial retention election is a periodic process in which a judge is applicable to a referendum that is held simultaneously as a general election. If a majority of votes are placed against the judge's retention, he or she is removed from office. A judge may serve another full term if he or she obtains a simple majority of "yes" votes.

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