Due to unusual circumstances in which the Luther S. Dixon (the incumbent justice) resigned and was immediately re-appointed, a special election was held for the chief justice seat. Dixon won re-election.
Background
In 1867, the legislature voted to increase the salary for justices to $3,500. The salary for a Wisconsin Supreme Court justice had previous quite small in that era, at just $2,500. However, the Constitution of Wisconsin prohibited Dixon, as the incumbent chief justice, from receiving this new salary until he started a new term. As a work-around to expedite receiving this pay increase, he resigned in March 1867 and was immediately re-appointed by the governor.[1] However, this work around triggered an early special election, as the re-appointment meant he was required to stand for election again before the next regularly-scheduled election in 1869.[2]
Campaign
Dixon received unified support of the Republican. The Democrats nominated Charles Dunn, who had served as chief justice of the supreme court of the Wisconsin Territory government. Dixon prevailed in the election with 52% of the vote.[2]
Result
1868 Wisconsin Supreme Court Chief Justice special election[2]
In 1867, Jason Downer resigned from the court and former justice Byron Paine (who had previously served as an elected justice in the same seat, from 1859 through 1864) was appointed to fill the seat until an occupant would be elected in a special election.[3]