Crucial Pennsylvania judicial races on the ballot this year

Crucial Pennsylvania judicial races on the ballot this year

​Election day is Nov. 4, but unlike last year’s presidential election or next year’s midterm elections, no candidates for federal office will be on the ballot.  Despite this, a typically calm off year election has the potential to shake up Pennsylvania’s political institutions.

In Pennsylvania, off year elections are when voters will elect officials at the county, municipal and school board level, but also statewide judges.

On the 2025 ballot, seven statewide judicial elections are taking place, including retention elections for three justices on the Pennsylvania Supreme Court.

Unlike typical partisan elections where voters are given a choice between candidates on a ballot, these retention elections ask voters “yes” or “no” whether they want the current officials to continue serving for another ten years.

The three Supreme Court justices up for retention this year are Christine Donohue, Kevin Dougherty and David Wecht.  They were initially elected in 2015 as Democrats.

Wanting to capitalize on gains made in last year’s presidential and congressional elections, state Republicans are hoping to deny Dougherty and Wecht ten more years on the bench. If retained, 72-year-old Donohue will only be eligible to serve until the mandatory retirement age of 75.

The only justice to lose retention was Russell Nigro in 2005, a year that saw the beginning of an electoral revolt against incumbents after the legislature voted in the early morning to give government officials a pay raise.

Since their election in 2015, Donohue, Dougherty and Wecht have ruled in cases that have shaped Pennsylvania’s political environment.

In 2018, they were part of a 4-3 majority that ruled that Pennsylvania’s congressional districts had been unfairly gerrymandered to benefit Republicans, leading to a complete redrawing of the districts.

During the COVID-19 pandemic, they also ruled against legislative efforts to end then-Gov. Tom Wolf’s disaster declaration and lockdown orders.

That same year, the court also ruled in favor of allowing counties to place ballot drop boxes and extended the deadline for mail-in ballots to be received during the 2020 election if they had been postmarked by election day.

Should Republicans’ “Vote No” campaign succeed, Democratic Gov. Josh Shapiro would have to appoint replacement justices until new partisan elections are held in 2027. Those replacements would also have to be confirmed by the Republican controlled state Senate.

Currently, the court is divided 5-2 with justices elected as Republicans in the minority. Should the Senate prevent Shapiro’s hypothetical nominees from taking office, the court would be ideologically deadlocked 2-2.

“We highly encourage all PA voters to vote ‘Yes’ to retain Justices Donohue, Dougherty and Wecht,” the Elizabethtown College Democrats said in a statement. “The three justices up for retention have been, in our opinion, models of judicial excellence, and we believe Pennsylvania will suffer if they are defeated.”

“As a club, we encourage students to stay informed and participate in all elections, including judicial retention elections,” the Elizabethtown College Republicans said. “While we don’t take an official position on specific justices, we believe it’s important that voters carefully consider each justice’s record and judicial philosophy before casting their vote.”

Two statewide lower court judges are also facing retention this year—Superior Court Judge Alice Dubow and Commonwealth Court Judge Michael Wojcik—both originally elected as Democrats. These lower courts also have open races this year.

For an open seat on the Superior Court, Democrat Brandon Neuman, a Washington County common pleas judge, is running against Republican Maria Battista, a former prosecutor and nominee for the court in 2023.

Also in the race is attorney Daniel Wassmer of the Liberal Party who has previously run as a third-party candidate for other statewide offices.

The Superior Court deals with appeals cases from county common pleas courts involving both civil and criminal matters.

The Commonwealth Court, which handles appeals cases where state or local governments are involved, also has an open race this year.

Democrat Stella Tsai, a Philadelphia common pleas judge, is running against Republican Matthew Wolford, an environmental law attorney.

Although the Supreme Court is the top court in Pennsylvania, relatively few cases are taken up by it, leaving decisions by the Commonwealth and Superior Courts as the final say in many cases.