Pa. Supreme Court Judges Up for Vote during ‘Off-Year’ Election

March 12, 2025

By Jake Felker, HAP’s director political engagement

A simple “yes” or “no” will determine the future of Pennsylvania’s top court of judges—and the future of venue shopping in the commonwealth.

Every ten years, justices appear on the General Election ballot to be retained by voters.

This is a “yes” or “no” vote with no opposing candidates, essentially meant to hold the justices accountable to voters. If a judge receives the majority of “yes” votes, they remain on the bench. If they receive a majority of “no” votes, the governor, with approval of the Senate, appoints a temporary justice followed by an open election the next year.

These elections do not garner the headlines that a presidential or gubernatorial race may receive, but they matter just the same.

The 2015 Supreme Court elections reshaped the state’s highest court through strategic and well-funded campaigns, solidifying three of the seven court seats for at least 10 years and setting the stage for 2022’s decision that reversed venue shopping in medical liability cases. This November, those three judges are up for their first retention vote.

Pennsylvania is one of only seven states that hold partisan elections to select their highest courts. While the elections have grown more costly, traditionally races for retention see little interest and no outside investment.

Only once since Pennsylvania began the retention vote 60 years ago has a justice not been retained:  Russell Nigro of the ‘midnight pay raise’ scandal lost in 2005. That year, Nigro raised and spent less than $500,000. Since then, voter turnout has more than doubled and just last year the supreme court race topped $22 million in spending.

The state’s top court will determine issues that matter to you.

In addition to the unilateral reversal of a decades-long bipartisan agreement on venue shopping, the court will oversee legislative redistricting in 2032, an issue of unique importance to former Presidents.

Given the stakes, this year’s retention race could see significant investment. High-profile players both familiar and new will once again have their eyes on the Keystone State.

This year’s race will look different than year’s past and one thing is certain; there is no such thing as an off-year election.

For more information, contact Jake Felker, HAP’s director, political engagement.