HARRISBURG, Pa. (WPVI) — Pennsylvania voters will face a decision this Election Day that typically receives little attention: whether to retain three justices on the state’s Supreme Court.
State Supreme Court Justices Christine Donohue, Kevin Dougherty and David Wecht – all Democrats – will appear on the Nov. 4 ballot in a retention election, where voters will decide whether to award the sitting justices new terms on the high court.
Terms are 10 years, although Donohue must retire in 2027 when she reaches the mandated retirement age of 75.
RELATED | What to expect for the Nov. 4 election in Pennsylvania
While retention elections are usually quiet affairs, this year’s vote has drawn millions of dollars in advertising and national interest. Political science professor John Kennedy of West Chester University says the attention reflects growing polarization.
“It’s incredibly unusual, and it really is indicative of how intense and polarized our political system has become,” Kennedy said. “Something that very few people paid attention to – except maybe the judges on the ballot – we have a situation now of millions and millions of dollars from all across the country being poured into this race.”
Democrats hold a 5-2 majority on the state Supreme Court, but Republicans have mounted a campaign to oust Donohue, Dougherty and Wecht.
If voters decide not to retain a justice for another term, Democratic Gov. Josh Shapiro could appoint a temporary replacement, subject to confirmation by the Republican-controlled state Senate. A deadlock in the confirmation process could result in a court tied at 2-2 if voters oust all three justices this year. An election to fill any vacant seats for full 10-year terms would be held in 2027.
SEE ALSO | How a Pennsylvania Supreme Court election could influence the 2028 presidential race
Conservative activists want to change the court’s ideological makeup, arguing the justices overstepped their bounds on rulings, including mail-in voting and pandemic-related mandates.
But it is future decisions that are likely to come before the Pa. Supreme Court that will have implications well beyond the Keystone State, and that’s why this race is getting so much attention.
“The issue of redistricting, gerrymandering across the country, is certainly at the top. But then of course there’s other political issues, such as abortion rights and voting rights and such that are also potentially on the docket for the justices,” said Kennedy.
In these so-called retention races, voters traditionally respond affirmatively. In fact, in Pennsylvania, only one justice has failed a statewide retention vote — in 2005.
If any of the three are removed, the impact would be immediate.
The last state Supreme Court retention election was in 2017. The Republican justice on the ballot that year was retained with 68% of the vote, while the Democratic justice was retained with 71% of the vote.
Polls will be open from 7 a.m. to 8 p.m. on Election Day, Nov. 4.
Copyright © 2025 WPVI-TV. All Rights Reserved.
