PHILADELPHIA (KYW Newsradio) — Spending on Pennsylvania’s Supreme Court retention election is breaking records. A new analysis estimates that candidates and outside groups have put $8 million into the race so far.
Judicial races for open seats in Pennsylvania have become more expensive over the last decade, but retention elections are a simple “yes” or “no” vote. There are no candidates, per se, just sitting judges seeking another 10-year term, and they normally have to do very little to win.
In 50 years of retention elections, only one Supreme Court justice has lost. That’s why the money being poured in by Citizens for Term Limits, associated with the conservative Commonwealth Partners, attracted attention.
The group launched a highly unusual campaign to urge a “no” vote on retention, with an advertisement that said, “This fall you can defend democracy and force an election for a new Supreme Court.”
In the event of a “no” vote, the court would be reduced to four justices for up to two years. Legal experts predict there would be chaos. But conservatives on the court would gain the majority.
The sitting justices are fighting back with an advertisement of their own, which says, “We protected access to abortion and your right to vote. Even when the powerful came after it.”
Doug Keith of the non-partisan Brennan Center says this is all part of a national trend.
“Political stakeholders are recognizing how important state high courts are and how likely it is that they’re going to be front and center in major policy fights over things like abortion rights and voting rights.”
Keith says the justices up for retention made decisions about mail ballots that impacted the last two presidential elections and that may be why they’re being targeted by conservative political action committees, but will it translate to votes?
There is also a retention election for the Superior and Commonwealth courts, in addition to races for open seats.