PENNSYLVANIA (WTAJ) — As Election Day, Nov. 4, grows closer, one race in Pennsylvania will decide the fate of the Supreme Court moving forward, and possibly the 2028 presidential race.
While there are numerous issues on the ballot across both the Commonwealth and the United States come Election Day, one race voters throughout Pennsylvania will see on their ballots will be retention for three seats in the Pennsylvania Supreme Court.
Who is on the ballot?
Voters will decide whether three justices, all Democrats, should keep their seats on the court. Notably, the Pennsylvania Supreme Court has been at the center of many issues surrounding voting rights, redistricting and elections – along with hearing issues surrounding human rights and abortions.
The three justices, Christine Donohue, Kevin Dougherty and David Wecht, are all backed by the Democratic party in their bids for retention, with terms lasting 10 years. If all three lose, their seats would be vacant come January. The court would become deadlocked with a 2-2 partisan split until the seats are filled in 2027.
Long term, that could mean that the court might be unable to settle cases through the 2026 midterm elections, with the governor’s office and congressional seats also appearing on the ballot.
The ballot will have a simple “yes” or “no” box for voters to check in relation to the justices maintaining retention of their seats. While the specific election may feel a bit under-the-radar, Democrats have begun to worry as late-emerging Republican campaigns are now geared towards removing the justices.
“It’s a full campaign,” state Democratic Party Chairman Eugene DePasquale said. “The bigger challenge on that isn’t so much getting people to vote ‘yes.’ It’s just even getting some people to understand what a retention vote is, because this is really the first time it’s ever been heavily contested.”
Get the latest news, weather forecasts and sports stories delivered straight to your inbox! Sign up for our newsletters.Heading into 2028
Looking ahead to 2028, Pennsylvania is not only a swing state but also has been at the center of election litigation. For example, in the most recent presidential election in 2024, in-person voting deadlines were extended at multiple locations throughout Central Pennsylvania as voting machines failed and ballots were hand-counted.
Furthermore, in 2020, the Pennsylvania Supreme Court handed down the ruling that ultimately extended the deadline for mail-in ballots in the Commonwealth.
Democrats seem to worry that if all three justices lose their retention ahead of the 2028 election, a deadlock with empty seats could ultimately lead to rocky protections heading into another presidential election and land a blow to the efficiency and speed at which the court could function.
The Associated Press contributed to this report.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
For the latest news, weather, sports, and streaming video, head to WTAJ – www.wtaj.com.