The spotlight of the nation is focused again on Pennsylvania, this time for its retention elections for three of its seven judges on the state’s Supreme Court.

Democrats hold a 5-2 majority on PA’s highest judicial body, but three justices – Christine L. Donahue, Kevin M. Dougherty, and David N. Wecht – have completed their initial 10-year terms and are subject to a “retention” vote. The trio each received over 1 million votes in the 2015 election, defeating their GOP opponents by more than 150,000 votes.

Republicans are optimistic following their 2024 successes in winning the state’s presidential electors for President Donald Trump, as well as flipping a U.S. Senate seat for Sen. Dave McCormick.

“We want to capitalize on the momentum that we have created in Pennsylvania,” said Scott Presler, who leads a Republican voter-registration and get-out-the-vote group called Early Vote Action. Donald Trump’s win in the state shows that “we’re winners,” he told WESA. “I think you’re going to see the Republican Party, even nationally, getting more involved in those state [Supreme Court] races.

“My ultimate goal is to have the voters of Pennsylvania elect three Republican justices,” said Presler, whose ongoing voter-registration effort is helping chip away at a Democratic registration advantage.

Democrats say they are preparing for the fight.

“I really believe the retention races are going to dominate attention in the election cycle next year,” said Mitch Kates, the executive director of the state Democratic Party to WESA. From the GOP side, he said, “I can imagine they will create boogeymen and do all that awful stuff. They’ll say it’s a hyperpartisan court, but this court has ruled in the fairest of all ways.”

Since 1968, when the state’s constitution was last updated, voters have rejected only one appellate judge’s reelection bid, coming in 2005. Former state Supreme Court Justice Russell Nigro was not retained, primarily due to voters’ frustration with state lawmakers’ vote to increase their own salaries and those of judges. He was ousted by less than 30,000 votes.

If a judge loses their retention race, a special election is held to replace them in the next odd year (2027). The governor can appoint a replacement in the interim, but two-thirds of the state Senate must approve the choice.

When first selected for full terms of office, justices of the Supreme Court, judges of the statewide Superior and Commonwealth courts and judges of country Common Pleas courts run as a member of a political party.

The merit retention provision of Pennsylvania’s constitution allows all but magisterial district judges to be retained with a simple “yes” or “no” vote without ballot reference to political affiliation. This provision was designed to remove judges from the pressures of the political arena once they begin their first term of office.

Retention votes are conducted during the November municipal elections in odd-numbered years.

When first selected for full terms of office, justices of the Supreme Court, judges of the statewide Superior and Commonwealth courts and judges of country Common Pleas courts run as a member of a political party.

After serving initial 10-year terms, those jurists who seek reelection do so through “retention elections” in which they are not affiliated with any political party. Retention is a nonpolitical method of reelecting Pennsylvania judges and is intended to be politically neutral as they do not require judges to engage in campaigning against other candidates.

Retention is specifically designed to keep judges out of the political fray while at the same time holding them accountable to the voters based on their overall records and performance in office. The intent is to provide a fair and nonpartisan way for the public to judge its judges.

In retention elections, judicial candidates do not participate in spring primary elections. Their names appear on the ballot only in November general elections. Voters are asked to vote “yes” or “no” on whether to reelect each judge seeking retention. The names of the candidates are listed on a separate area of the ballot, apart from individuals running for executive and legislative offices. No political affiliation is listed for retention candidates.

Here is a list of candidates for retention and for vacancies on Pennsylvania’s courts.

Supreme Court (retention)

• Christine L. Donohue, Pittsburgh (D)
• Kevin M. Dougherty, Philadelphia (D)
• David N. Wecht, Allegheny County (D)

Dating to 1684, the Supreme Court is the highest court in the Commonwealth and the oldest appellate court in the nation. Most often, but not exclusively, the Court reviews requests for discretionary appeals from the Commonwealth Court and Superior Court; Direct Appeals from a lower court’s decision, including when a sentence of death is issued; Requests to intervene in a lower court’s proceedings; Requests to deliver a body from illegal detention. There are seven judges on the Pennsylvania Supreme Court. 

Superior Court (retention)

• Alice B. Dubow, Philadelphia (D)

Superior Court (1 vacancy)

• Maria Battista, Clarion County (R)
• Brandon P. Neuman, Washington County (D)
• Ann Marie Wheatcraft, Chester County (R)

The Superior Court was established in 1895. It is one of Pennsylvania’s two statewide intermediate appellate courts. The Superior Court is often the final arbiter of legal disputes. Responsible for appeals in criminal and most civil cases from the Courts of Common Pleas; Appeals on matters involving children and families. There are 15 judges on the Pennsylvania Superior Court. 

Commonwealth Court (retention)

• Michael H. Wojcik, Allegheny County (D)

Commonwealth Court (1 vacancy)

• Joshua Prince, Berks County (R)
• Stella Tsai, Philadelphia (D)
• Matthew Wolford, Erie (R)

The Commonwealth Court was established in 1968 and is unique to Pennsylvania. It is one of Pennsylvania’s two statewide intermediate appellate courts. The Commonwealth Court is primarily responsible for matters involving state and local governments and regulatory agencies. It also acts as a trial court when lawsuits are filed by or against the Commonwealth. Responsible for original civil actions brought by and against the Commonwealth; Appeals from decisions made by state agencies and the Courts of Common Pleas. There are nine judges on the Pennsylvania Commonwealth Court.