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Pennsylvania Supreme Court Control Tested in Costly Retention Vote

National money fuels an unprecedented yes/no campaign that could leave the court split 2-2.

Overview

  • On Nov. 4, voters will decide whether to retain Democratic Justices Christine Donohue, Kevin Dougherty and David Wecht in yes/no votes where party affiliation does not appear on the ballot.
  • Spending has already surpassed any prior Pennsylvania retention race and is on pace to exceed $10 million, with trial lawyers and labor unions backing retention and a Jeffrey Yass-linked group funding opposition.
  • If all three lose, the court would drop from a 5-2 Democratic majority to a 2-2 deadlock starting in January until 2027 elections, unless Gov. Josh Shapiro and the Republican-led Senate agree on temporary appointments.
  • Democrats are prioritizing voter education and ads highlighting the justices’ records on abortion, voting and labor, while Republicans wage a late campaign urging “no” votes with messages tailored to Democratic registrants.
  • National groups have weighed in, with the DNC and DLCC pledging $500,000 each, the RSLC reporting about $500,000 for digital and texts, and the RNC promoting “no” votes on its Swamp the Vote site.