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Pennsylvania Supreme Court elections, 2023 (May 16, 2023, Democratic primary)
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Daniel McCaffery defeated Deborah Kunselman in the Democratic primary for one seat on the Pennsylvania Supreme Court on May 16, 2023. McCaffery faced Carolyn Tornetta Carluccio—who won the Republican primary—in the general election on November 7, 2023.
McCaffery was elected to the Pennsylvania Superior Court in 2019. He is an Army veteran and worked as an attorney, an assistant district attorney in Philadelphia, and was first elected as a judge in Philadelphia in 2013. He also campaigned on his experience. McCaffrey's website said, "Assigned to one of the busiest trial divisions in Pennsylvania, Judge McCaffery presided over one hundred jury trials and thousands of bench trials...McCaffery is currently the supervising judge for wiretaps and was selected by the Supreme Court to serve on the Court of Judicial Discipline."[1]
Pennsylvania's Democratic Party endorsed McCaffery at a meeting of state party committee members on January 29, 2023.[2]
Kunselman was elected to the Pennsylvania Superior Court in 2017. She also worked as an attorney, a solicitor with Beaver County, and was first elected as a judge in Beaver County in 2006. Kunselman campaigned on her experience, saying she has "the most experience of any candidate for the Supreme Court with 17 years as a judge" and had "developed expertise in Civil, Family, Juvenile, and Criminal court."[3]
The Pennsylvania Supreme Court is the state's court of last resort and justices run in partisan elections for 10-year terms. After a judge's first term, he or she must run in a retention election to serve subsequent terms. The winner of the November general election suceeded Justice Max Baer (D), who passed away on September 30, 2022. Baer's term expired in 2023 and he was unable to run for re-election since Pennsylvania judges must retire at the end of the calendar year in which they reach 75 years of age.
The state supreme court can hear appeals from both statewide and local courts and can assume jurisdiction over any case in the Pennsylvania court system.[4][5] Peter Hall of the Pittsburgh City Paper wrote, "The Supreme Court hears appeals in cases involving unsettled areas of the law, reviews all death penalty convictions, and has played the decisive role in redrawing Pennsylvania’s congressional districts in recent years."[6]
The partisan balance of the court changed as a result of the 2015 elections from a 4-3 Republican majority to a 5-2 Democratic majority when Justices Kevin M. Dougherty (D), David Wecht (D) and Christine Donohue (D) were elected to three open seats. The outcome of this election did not affect the court’s governing majority.
Kate Huangpu and Stephen Caruso wrote for Spotlight PA that "Justices elected as Democrats have been in the majority since 2015, and flipping the court back has been a top Republican priority since then. The seven-member court is currently composed of four Democrats and two Republicans."[7]
The most recent state supreme court election in Pennsylvania was in 2021, when Kevin Brobson (R) defeated Maria McLaughlin (D) in the general election, 52% to 48%. Brobson's election did not change the partisan composition of the court since he succeeded Justice Thomas Saylor (R), who did not run for another term because he turned 75 in 2021.
The next scheduled state supreme court elections in Pennsylvania will take place in 2025 when the three Democratic justices first elected in 2015 will be up for re-election. Unless there are unexpected vacancies, 2025 is the first year that the partisan balance of the court can change from a Democratic to a Republican majority.
Before the primary, Spotlight PA's Kate Huangpu wrote: "The state’s primaries are closed, meaning only registered Democrats and Republicans can vote for candidates during these spring contests. (Unaffiliated and third-party voters can, however, vote on ballot questions, other referendums, and special elections during a primary.)"[8]
Our 2020 partisanship study of Pennsylvania Supreme Court judges determined that at the time of the 2021 elections, there were four strong Democrats, one mild Democrat, and two mild Republicans. Click here to read more from our partisanship analysis of all 50 state supreme courts.
The filing deadline for the primary was March 7, 2023.
This page focuses on the Democratic primary for the Pennsylvania Supreme Court. For more information on the Republican primary, click here. For more information on the general election, click here.
Deborah A. Kunselman (D) and Daniel D. McCaffery (D) completed Ballotpedia's Candidate Connection survey. Click on a candidate's name to view that candidate's responses.
Election news
This section includes a timeline of events leading up to the election.
- May 16, 2023: Daniel McCaffery defeated Deborah Kunselman in the Democratic primary.
- May 5, 2023: Campaign finance filings for the second Friday before the primary were due. McCaffery reported raising $104,725 and spending $296,302 and Kunselman reported raising $23,075 and spending $27,710 in from March 28 to May 1, 2023.[9][10]
- March 27, 2023: Campaign finance filings for the sixth Tuesday before the primary were due. McCaffery reported raising $141,050 and spending $152,644 and Kunselman reported raising $66,400 and spending $30,639 in from January 1 to March 27, 2023.[11][12]
Elections
Candidates and results
Democratic primary election
Democratic primary for Pennsylvania Supreme Court
Daniel D. McCaffery defeated Deborah A. Kunselman in the Democratic primary for Pennsylvania Supreme Court on May 16, 2023.
Candidate | % | Votes | ||
✔ | ![]() | Daniel D. McCaffery ![]() | 60.2 | 633,845 |
![]() | Deborah A. Kunselman ![]() | 39.8 | 419,090 |
Total votes: 1,052,935 | ||||
![]() | ||||
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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Candidate comparison
Candidate profiles
This section includes candidate profiles that may be created in one of two ways: either the candidate completed Ballotpedia's Candidate Connection survey, or Ballotpedia staff may compile a profile based on campaign websites, advertisements, and public statements after identifying the candidate as noteworthy. For more on how we select candidates to include, click here.
Party: Democratic Party
Incumbent: No
Political Office: None
Submitted Biography: "I am an honors graduate of both Penn State University (1989) and the University of Notre Dame Law School (1992). As a lawyer for 13 years, my practice focused on personal injury, family law, employment discrimination and municipal law. I also served part-time for almost 8 years as the Chief County Solicitor in Beaver County. I handled all legal issues in the construction of our county jail, courthouse addition and parking garage, and the takeover of the Community College. In 2005, I was the first woman ever elected to the Court of Common Pleas in Beaver County. I won a retention election in 2015. For 12 years, I presided over hundreds of jury and non-jury trial cases in civil, criminal, family and juvenile court. Doing that time, I served for 6 years on the statewide judicial education committee, where I planned and presented numerous courses for judges and lawyers. In 2017, I was elected to the Pennsylvania Superior Court. There, I have ruled on over 3,000 appeals, including several high-profile cases. I have already decided nearly every type of case that will come before the Supreme Court. I have been "highly recommended" by the Pennsylvania Bar Association for the office of Supreme Court Justice. In addition to being a judge, I am a mother of three adult children, and I have been married for almost 29 years."
This information was current as of the candidate's run for Pennsylvania Supreme Court in 2023.
Party: Democratic Party
Incumbent: No
Political Office: None
Submitted Biography: "I am a Pennsylvania Superior Court Judge, an Army Veteran, a father and a grandfather. I have over 32 years of combined legal and judicial experience. I am the son of Irish immigrants and grew up in a working-class union family. I went to college on a veterans scholarship and have worked as a bartender, painter, and bricklayer. I have pledged to defend the Constitution four different times throughout my career and I am running to continue my service to defend our rights and freedoms. "
This information was current as of the candidate's run for Pennsylvania Supreme Court in 2023.
Ballotpedia's Candidate Connection survey responses
Ballotpedia asks all federal, state, and local candidates to complete a survey and share what motivates them on political and personal levels. The section below shows responses from candidates in this race who completed Ballotpedia's Candidate Connection survey. Candidates are asked three required questions for this survey, but they may answer additional optional questions as well.
Survey responses from candidates in this race
Click on a candidate's name to visit their Ballotpedia page.
Note: Ballotpedia reserves the right to edit Candidate Connection survey responses. Any edits made by Ballotpedia will be clearly marked with [brackets] for the public. If the candidate disagrees with an edit, he or she may request the full removal of the survey response from Ballotpedia.org. Ballotpedia does not edit or correct typographical errors unless the candidate's campaign requests it.
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|I am passionate about the law and writing clear legal opinions that everyone can understand. You should not need a law degree to understand the judge's decision in your case.
I believe in equal access to justice and transparency in our court system. The courts should be accessible to everyone regardless of income, race, gender, national origin, age, religion or sexual orientation.
I am the only candidate in this race with experience prosecuting Pennsylvania crimes including convicting over 1,000 criminals. I bring over 32 years of combined legal and judicial experience and am highly recommended by the Pennsylvania Bar Association.
I am the only candidate in this race endorsed by law enforcement, labor, and Planned Parenthood. That is because I will always ensure fairness and defend our freedoms.
Steel City Stonewall Democrats 14th Ward Independent Democratic Club (Pittsburgh) Working Families Party Lehigh Valley for All Progressive Woman of Northeast Pennsylvania Women the Future PSEA (recommended candidacy)
Dauphin County and Beaver County Democratic Committees
Campaign advertisements
Deborah Kunselman
April 25, 2023 |
View more ads here:
Daniel McCaffery
April 22, 2023 |
April 22, 2023 |
April 22, 2023 |
View more ads here:
Debates and forums
This section includes links to debates, forums, and other similar events where multiple candidates in this race participated. If you are aware of any debates or forums that should be included, please email us.
Election spending
Campaign finance
This section contains campaign finance figures from candidates submitted to the Pennsylvania Department of State Campaign Finance Online Reporting during the primary election.
Election context
Political composition
This was the political composition of the court heading into the 2023 election.
■ Christine Donohue | Elected in 2015 | |
■ David N. Wecht | Elected in 2015 | |
■ Kevin M. Dougherty | Elected in 2015 | |
■ Debra Todd | Elected in 2007 & 2017 | |
■ Sallie Mundy | Appointed by Gov. Tom Wolf (D) in 2016 | |
■ Kevin Brobson | Elected in 2021 |
Voting information
- See also: Voting in Pennsylvania
About the Pennsylvania Supreme Court
- See also: Pennsylvania Supreme Court
The Pennsylvania Supreme Court is the state's court of last resort and has seven judgeships. A full term on the court is 10 years.
Selection
- See also: Judicial selection in Pennsylvania
Each of the seven justices on the Pennsylvania Supreme Court serves a term of 10 years. In the case of a vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the Pennsylvania Senate.
Qualifications
To serve on the supreme court, a justice must:
- have state residence for at least one year;
- be a member of the state bar; and
- be under the age of 75.[13][14]
Election history
2023
General election
General election for Pennsylvania Supreme Court
Daniel D. McCaffery defeated Carolyn Tornetta Carluccio in the general election for Pennsylvania Supreme Court on November 7, 2023.
Candidate | % | Votes | ||
✔ | ![]() | Daniel D. McCaffery (D) ![]() | 53.5 | 1,652,113 |
![]() | Carolyn Tornetta Carluccio (R) ![]() | 46.5 | 1,434,945 |
Total votes: 3,087,058 | ||||
![]() | ||||
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. |
Democratic primary election
Democratic primary for Pennsylvania Supreme Court
Daniel D. McCaffery defeated Deborah A. Kunselman in the Democratic primary for Pennsylvania Supreme Court on May 16, 2023.
Candidate | % | Votes | ||
✔ | ![]() | Daniel D. McCaffery ![]() | 60.2 | 633,845 |
![]() | Deborah A. Kunselman ![]() | 39.8 | 419,090 |
Total votes: 1,052,935 | ||||
![]() | ||||
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. |
Republican primary election
Republican primary for Pennsylvania Supreme Court
Carolyn Tornetta Carluccio defeated Patricia McCullough in the Republican primary for Pennsylvania Supreme Court on May 16, 2023.
Candidate | % | Votes | ||
✔ | ![]() | Carolyn Tornetta Carluccio ![]() | 53.6 | 441,413 |
![]() | Patricia McCullough | 46.4 | 382,512 |
Total votes: 823,925 | ||||
![]() | ||||
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. |
2021
General election candidates
- Maria McLaughlin (Democratic Party)
- Kevin Brobson (Republican Party) ✔
Democratic primary candidates
Did not make the ballot:
Republican primary candidates
Click [show] to view election results from 2011 through 2017.
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2023 battleground elections
- See also: Battlegrounds
This election was a battleground race. Other 2023 battleground elections included:
- Pennsylvania Supreme Court elections, 2023
- Utah's 2nd Congressional District special election, 2023 (September 5 Republican primary)
- Wisconsin Supreme Court elections, 2023
See also
External links
Footnotes
- ↑ Judge Daniel McCaffery Supreme Court "Meet Dan," accessed May 3, 2023
- ↑ NBC10 Philadelphia, "Democrats Endorse Philly Judge for Seat on PA Supreme Court," February 1, 2023
- ↑ Judge Debbie Kunselman for Supreme Court, "Home," accessed May 2, 2023
- ↑ The Unified Judicial System of Pennsylvania, "A Citizen's Guide," archived July 23, 2019
- ↑ Pennsylvania General Assembly, "Title 42," accessed September 24, 2019
- ↑ Pittsburgh City Paper, "Four Pennsylvania appellate court positions are on the primary ballot; meet the candidates," April 11, 2023
- ↑ The Morning Call, "Pa. primary election 2023: Supreme Court candidates with party backing show fundraising advantage," April 9, 2023
- ↑ PBS-WHYY, "Pa. primary election 2023: A complete guide to the candidates for state Supreme Court," March 21, 2023
- ↑ Pennsylvania Department of State, Campaign Finance Online Reporting, "MCCAFFERY FOR SUPREME COURT," accessed May 17, 2023
- ↑ Pennsylvania Department of State, Campaign Finance Online Reporting, "KUNSELMAN FOR PA," accessed May 17, 2023
- ↑ Pennsylvania Department of State, Campaign Finance Online Reporting, "MCCAFFERY FOR SUPREME COURT," accessed May 3, 2023
- ↑ Pennsylvania Department of State, Campaign Finance Online Reporting, "KUNSELMAN FOR PA," accessed May 3, 2023
- ↑ American Judicature Society, "Methods of Judicial Selection: Pennsylvania," archived October 3, 2014
- ↑ 2018 Pennsylvania Consolidated Statutes, "Title 42, Chapter 33, Section 3351," accessed August 25, 2020
- ↑ Pittsburgh Post-Gazette, "State Supreme Court races will sizzle in 2015," December 7, 2015
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania
State courts:
Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts
State resources:
Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania
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Marquee, election completed, 2023