This upcoming election day, three seats are up for contest in the Pennsylvania Supreme Court. Justices Christine Donohue, Kevin Dougherty, and David Wecht's seats are in retention elections, which means that they aren't running against anybody else, but voters are voting either "yes" or "no" to whether the justices get to serve for 10 more years. If a majority votes yes, then the justice remains in office. Donohue, Dougherty, and Wecht are part of the current Democratic 5-2 majority. All were elected 10 years ago, and Democrats losing even one seat could make a major difference. There has only been one justice who lost their retention election since Pennsylvania adopted them in 1968.
However, this retention election is unusually competitive, partly because it is a swing state. The three justices have disagreed with President Donald Trump on many of his policies, and they have made controversial decisions regarding issues such as abortion and redistricting. Additionally, it is important to note that Justice Donohue will reach the mandatory retirement age of 75 in 2027 if she retains her seat, and an election will have to be held in 2029 for her permanent replacement. If all of the justices retain their seats, then daily life will remain largely the same for Pennsylvanians, as the Democrats will still maintain their 5-2 stronghold through the midterm elections. However, if even one of the seats is not retained, Governor Josh Shapiro will have to appoint a temporary replacement. The catch, though, is that the appointed justice will have to be approved by two-thirds of the Republican majority state senate.
In 2027, following the appointment of the temporary replacement, a special permanent replacement election, like Donohue's, would be held. If none of the seats are retained, then there would be an equal number of justices in each party. If a 2-2 balance is achieved, it is likely that many resolutions will take longer than what is typical. Considering the competitiveness of Pennsylvania's retention election, there could definitely be an unretained seat in the court. Republicans have already had successful anti-retention campaigns in both Oklahoma and even Illinois, which has historically been a blue state. Depending on what happens, the effects of the election will be seen immediately, making this upcoming November election extremely important to Pennsylvania state politics.