2025 Pennsylvania Supreme Court election

Mailer controversy

The Commonwealth Leaders Fund, a Yass-affiliated PAC, was criticized by the advocacy group Fair Districts PA after they sent out mailers claiming that the "liberal Supreme Court gerrymandered our congressional districts to help Democrats win." The mailers also featured an outdated image of two congressional districts from a map that was drawn up by the Republican-controlled state legislature in 2011 and later overturned for partisan gerrymandering that disproportionately benefitted the Republican Party.^[18][20]

After the mailer controversy was publicized, Pennsylvania Democratic Party chair Eugene DePasquale issued a statement condemning "MAGA billionaires" for funneling money into the election.^[21] In late September, 2025, the Pennsylvania Working Families Party organized a protest outside Susquehanna International Group, a financial trading company founded by Jeff Yass, criticizing his involvement in the campaign and urging passers-by to "Vote 'Yes', not Yass".^[21]

The League of Women Voters of Pennsylvania declined to endorse for or against retention, though they criticized the leading 'No' campaign PACs for misleading voters by including inaccurate information on their campaign mailers.^[22] In 2017, the group argued in a lawsuit that Republican-gerrymandered maps violate the state constitution's guarantee of free and fair elections. The state Supreme Court, which included the 3 justices up for retention, ruled in favor of the claim.^[10]

Chester County provisional ballots

On election day, NBC News reported that independent and unaffiliated voters in Chester County were forced to cast provisional ballots after poll books listing only Republicans and Democrats were delivered to polling sites, meaning that independent voters didn't appear as registered voters, and their ballots were only counted after election officials were able to prove their eligibility.^[31][32] A county spokeswoman later confirmed that voters registered as Libertarians or Greens were also forced to cast their votes with provisional ballots.^[33]

Chester County posted on social media that "supplemental poll books" were sent out to 230 polling sites, allowing voters to vote normally throughout the afternoon and evening.^[31] A judge later extended polling hours in the county until 10pm rather than 8pm to allow impacted voters to cast non-provisional ballots.^[34]

Two weeks after election day, Spotlight PA confirmed that roughly 11,200 of the 12,600 provisional ballots used in Chester County were counted in the final tally.^[35] The newspaper also reported that the Republican Committee of Chester County challenged around 1,400 provisional ballots, some of which were missing signatures from voters or poll workers.^[33]

In a hearing on November 17, 2025, the Republican Committee dropped most of their objections, with the exception of ballots received in unsigned envelopes, and ballots that had no envelopes at all.^[35] The Chester County Board of Elections, who held the hearing, voted 2–1 to accept ballots where the voter had not signed the envelope in the correct place, as well as signed ballots that were received without envelopes. The board also voted unanimously to reject three unsigned ballots without envelopes.^[33] Some 300 other provisional ballots were rejected for other reasons, including a number of ballots filled out by unregistered voters.^[35]

That same day, Chester County officials announced they had hired a law firm to investigate the missing poll books.^[36] According to CBS News, investigators interviewed county staff and examined current election processes before making their final recommendations for improvement at a public meeting.^[37][38] On December 19, 2025, the investigation concluded, though county officials did not publicly reveal the cause of the error.^[39][38] The law firm concluded that the poll book issue was caused by "simple human error" in their report,^[40] which also proposed new reforms and criticized the county's lack of safeguards.^[41]

Background

Christine Donohue was first elected in 2015, and assumed office the year after. Prior to being elected, Donohue served on the Superior Court of Pennsylvania, as well as on the Pennsylvania Judicial Conduct Board and the Pennsylvania Court of Judicial Discipline. She also served as a member of the Pennsylvania Board of Law Examiners. Before that, she served as a civil trial lawyer and litigator for nearly three decades.^[42]

In 2024, Donohue voted with the majority to order lower courts to reconsider the legality of barring Medicaid recipients from receiving abortion services.^[43]

"The Pennsylvania Constitution secures the fundamental right to reproductive autonomy, which includes the right to decide whether to have an abortion or carry a pregnancy to term."^[42]

In 2022, Donohue wrote the majority opinion in the case which upheld Pennsylvania's no-excuse mail voting law. The law allows Pennsylvania voters to apply for mail-in ballots without providing a reason why they need to vote by mail. That same year, she sided with the majority in a case that determined Pennsylvania's school funding system was unconstitutional because it disadvantaged lower-income school districts.^[44]

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Results

Background

Kevin Dougherty was first elected in 2015, and assumed office the year after. He began his law career as an assistant district attorney at the Philadelphia District Attorney’s Office, before going into private practice. He was later be appointed to the Philadelphia Court of Common Pleas, becoming administrative judge and overseeing reforms.^[42]

Like both other judges up for retention, Dougherty sided with the majority in the 2024 abortion ruling and the case that deemed Pennsylvania's school funding system unconstitutional.^[74]

In 2024, Dougherty authored the decision that upheld Stroud Township's restrictions on where gun ranges can be located.^[42] Dougherty also spearheaded the creation of the Office of Behavioral Health, who seek to improve outcomes for those in the criminal justice system with behavioral or mental health issues.^[75]

"Mental health challenges are no longer a quiet issue on the sidelines; they are a full-blown crisis affecting every part of life in Pennsylvania."^[75]

Dougherty also led initiatives to create more inclusive courtrooms for people with sensory issues.^[76]

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Background

David Wecht was first elected in 2015, and assumed office the year after. Wecht began his law career clerking for Judge George MacKinnon on the U.S. Court of Appeals in Washington, D.C.^[42]

He founded a private practice in 1996, and later served on the Superior Court of Pennsylvania.^[42]

Wecht sided with the majority in the 2024 abortion ruling, writing a concurring opinion, and stating that he agreed with the Majority that, "under the Equal Rights Amendment to the Pennsylvania Constitution, a sex-based distinction is presumptively unconstitutional."^[79]

"The Pennsylvania Constitution’s [Equal Rights Amendment]^[d] did away with the antiquated and misogynistic notion that a woman has no say over what happens to her own body."^[42]

Wecht also voted to uphold former governor Tom Wolf's emergency powers in 2020 during the COVID-19 pandemic.^[80] In a November 2020 lawsuit challenging Joe Biden's victory in Pennsylvania, Wecht asserted that the attempt to overturn the results of the election was "futile" and "a dangerous game."^[81]

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Results

Reactions

Despite the heavy spending, many voters reported that they had seen little political messaging leading up to the election.^[30] Speaking to Votebeat, some voters in favor of retention said they wanted to send a message to Donald Trump when casting their ballots, though few voters claimed to be familiar with the justices' specific rulings.^[30] A representative from One Pennsylvania, a progressive non-profit, said the vote was a rejection of Jeff Yass and "the MAGA agenda."^[87]

After the election was called, Justice Donohue released a statement saying that the result shows that "Pennsylvanians have trust in the independence of the Pennsylvania Supreme Court and, additionally, appreciate the importance of a stable Pennsylvania Supreme Court."^[88] Governor Josh Shapiro called the results "a resounding message" of support, and that "the good people of Pennsylvania will always stand for freedom."^[87]

Former U.S. Attorney General Eric Holder, who endorsed all three justices for retention, stated that the result "demonstrates that an engaged citizenry is more powerful than the billionaires and special interests,"^[89] while DNC chair Ken Martin, who actively campaigned in support of retention, said the election was a victory for reproductive rights and voting rights, claiming that "Pennsylvania delivered a message on behalf of the entire country: No matter how rich you are, and no matter how much power you think you might have, our courts are not for sale."^[87]

In an opinion piece after the election, leading 'No' campaigner Matthew Brouillette called for increased Republican spending to match that of the Democrats,^[14] telling conservative groups to "send in [their] own cavalry to win Pennsylvania."^[90]