What happens if Pennsylvania’s Supreme Court justices aren’t retained?

(WHTM) — Pennsylvania’s most important election this year is a yes or no choice. It’s ramifications are much deeper.

Three state Supreme Court Justices — Justices Kevin Dougherty, David Wecht and Christine Donohue — are up for retention. While justices do run as a member of a political party when first selected for full terms of office, they have no political affiliation when seeking retention.

Instead, a yes vote means they serve another 10-year term, while a no vote means they will no longer serve on the state’s highest court.

The court is made up of seven justices. Currently, five were elected as Democrats and two were elected as Republicans. A vacancy could tilt the balance of the court.

However, Gov. Josh Shapiro (D) would get a chance to appoint a temporary replacement to the court. This would require a 2/3 approval from the Republican-majority state Senate, which might be unlikely.

Whether or not the Senate approves the governor’s picks, voters get to pick full-time replacements in an election held in the next odd year. That would come in 2027.

A no vote is unusual in judicial retention. Only one justice has lost retention since 1968. However, new polling showed voters are undecided on whether to vote yes or no this year.


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