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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
Image of Daniel D. McCaffery
Daniel D. McCaffery Candidate Connection
 
60.2
 
633,845
Image of Deborah A. Kunselman
Deborah A. Kunselman Candidate Connection
 
39.8
 
419,090

Total votes: 1,052,935
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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.

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.

Image of Deborah A. Kunselman

WebsiteFacebookTwitterYouTube

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."


Key Messages

To read this candidate's full survey responses, click here.


I have the most judicial experience of any candidate running for this office, I am the only candidate with significant exerience at both the trial court and the appellate court.


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.

This information was current as of the candidate's run for Pennsylvania Supreme Court in 2023.

Image of Daniel D. McCaffery

WebsiteFacebook

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. "


Key Messages

To read this candidate's full survey responses, click here.


Our rights are increasingly under attack. I will always stand up and defend our freedoms, including women’s reproductive rights, voting rights, and civil rights.


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.

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.

Expand all | Collapse all

I have the most judicial experience of any candidate running for this office, I am the only candidate with significant exerience at both the trial court and the appellate court.

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.
Our rights are increasingly under attack. I will always stand up and defend our freedoms, including women’s reproductive rights, voting rights, and civil rights.

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.
I am passionate about education and making the court system more efficient. Judges do not write the laws and do not get to choose which ares of law they want to interpret or set precedent Instead, judges resolve legal disputes after a case is filed in the court system. Appellate judges correct errors that occurred at the trial court to ensure the parties had a fair trial, and that the trial court appropriately applied to law to the facts of their case. The Supreme Court has discretion to choose the cases it decides. Obviously, these are cases where the question presented is one of first impression or is of such substantial public importance as to require prompt and definitive resolution by this court. This may include cases involving the constitutionality of a statute of the Commonwealth. My judicial decisions show that I have the knowledge and the courage to make these important decisions. The Supreme Court is also responsible for overseeing the entire judicial branch of government, including all of our lower courts, attorney and judicial discipline, the rules of court, and our probation offices and domestic relations offices (which calculate, collect and distribute child support payments). I bring government and leadership experience to serve in this important administrative role.
N/A
Integrity, Fairness, Courage to do the right thing even if it isn't popular.
To decide each case fairly according to the law of Pennsylvania and to uphold the constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.
I was in grade school when Sandra Day O'Connor was appointed as the first woman to serve on the United States Supreme Court. I was in high school when Geraldine Ferraro was the first woman to run for Vice President of the United States. I remember thinking that if those women could serve at the highest levels of government, then I could too.
When I graduated from law school, I was accepted into the Air Force Judge Advocate General (JAG) Program. Before I could begin my commission, I had to pass any state bar exam and a military physical. I passed the bar, but I failed the physical because I had knee surgery in high school after a basketball injury. I applied for a waiver, but my request was denied. At that point, I was not sure what to do; I knew no lawyers, had no other job prospects, and had significant student loans to pay. So, I went to a temporary agency to start working as a legal secretary. Eventually, I landed a job as an attorney. I want voters to know this life experience shows that no job is beneath me and that I am willing to work hard to be successful. I know first-hand the struggles many Pennsylvanians face to pay their bills and provide for their families. On my journey from legal secretary to candidate for Supreme Court Justice, I have seen the legal system from many different perspectives, and I will bring that knowledge and wisdom to the office if elected.
he Supreme Court is responsible for the administration of the entire judicial branch of government, including all of our lower courts, attorney and judicial discipline, the rules of court, and our probation offices and domestic relations offices (which calculate, collect and distribute child support payments). The court also has oversees the specialty courts and diversion programs including veterans court, drug court and mental health court, The court oversees the Juvenile Court Judges Commission which advises on juvenile delinquency and placement, and the Office of Children and Families in the Courts, which advises on juvenile dependency and the foster care system.
Under our system of checks and balances, I believe judges need to defer to the legislature and apply the law as written. I apply the laws fairly and evenly, without fear or favor, and I am not result-oriented. However, as a judge, I do not defer to the legislature on matter of constitutionality. The oath I took to uphold the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania requires me to uphold the pillars of democracy and protect the individual rights guaranteed by these documents. It is the role of the courts to protect against legislative overreach.
I admire former Justice Ruth Bader Ginsberg because she was a champion for rights of individuals and stood up for what she believed in.
Yes. I believe that judges should treat all people with respect. In our adversarial system of justice, one side will win a case and one side will lose. (In family law cases, often both sides think they lost because they did not get all of the marital assets, custody time or child support that they wanted.). However, everyone should leave the courtroom feeling like the judge listened to them and understood their position on the issues, even it the judge ultimately disagreed with them. A judge needs to understand the importance of the litigation for the parties who appear in court. and empathize with what they are experiencing in the court system.
Yes, The Pennsylvania Bar Association rated me "Highly Recommended" for Supreme Court in 2023, and for Superior Court in 2017,
Under our system of checks and balances, the Supreme Court must defer to the legislature and apply the law as written unless that law is ambiguous or unconstitutional. If a law is ambiguous, the court must apply the rules of statutory interpretation to decide the case The Supreme Court has the final say on whether a law is unconstitutional, but the court can only rely on the arguments made by the parties in the case, and on issues that were properly preserved in the trial court. The court cannot act as both judge and lawyer.
Yes, This is a very intensive process that looks at the judges demeanor, temperament and legal acumen.
Vote ProChoice

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

Democratic Party Deborah Kunselman

April 25, 2023

View more ads here:


Democratic Party 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

Election information in Pennsylvania: May 16, 2023, election.

What was the voter registration deadline?

  • In-person: May 1, 2023
  • By mail: Received by May 1, 2023
  • Online: May 1, 2023

Was absentee/mail-in voting available to all voters?

N/A

What was the absentee/mail-in ballot request deadline?

  • In-person: May 9, 2023
  • By mail: Received by May 9, 2023
  • Online: May 9, 2023

What was the absentee/mail-in ballot return deadline?

  • In-person: May 16, 2023
  • By mail: Received by May 16, 2023

Was early voting available to all voters?

N/A

What were the early voting start and end dates?

N/A to May 9, 2023

Were all voters required to present ID at the polls? If so, was a photo or non-photo ID required?

N/A

When were polls open on Election Day?

7:00 AM - 8:00 PM (EST)


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

See also: Pennsylvania Supreme Court elections, 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
Image of Daniel D. McCaffery
Daniel D. McCaffery (D) Candidate Connection
 
53.5
 
1,652,113
Image of Carolyn Tornetta Carluccio
Carolyn Tornetta Carluccio (R) Candidate Connection
 
46.5
 
1,434,945

Total votes: 3,087,058
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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
Image of Daniel D. McCaffery
Daniel D. McCaffery Candidate Connection
 
60.2
 
633,845
Image of Deborah A. Kunselman
Deborah A. Kunselman Candidate Connection
 
39.8
 
419,090

Total votes: 1,052,935
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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
Image of Carolyn Tornetta Carluccio
Carolyn Tornetta Carluccio Candidate Connection
 
53.6
 
441,413
Image of Patricia McCullough
Patricia McCullough
 
46.4
 
382,512

Total votes: 823,925
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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

See also: Pennsylvania Supreme Court elections, 2021

General election candidates

Democratic Party Democratic primary candidates


Did not make the ballot:

Republican Party Republican primary candidates


2023 battleground elections

See also: Battlegrounds

This election was a battleground race. Other 2023 battleground elections included:

See also

Pennsylvania Judicial Selection More Courts
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Courts in Pennsylvania
Pennsylvania Commonwealth Court
Pennsylvania Superior Court
Pennsylvania Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Pennsylvania
Federal courts
State courts
Local courts

External links

Footnotes

  1. Judge Daniel McCaffery Supreme Court "Meet Dan," accessed May 3, 2023
  2. NBC10 Philadelphia, "Democrats Endorse Philly Judge for Seat on PA Supreme Court," February 1, 2023
  3. Judge Debbie Kunselman for Supreme Court, "Home," accessed May 2, 2023
  4. The Unified Judicial System of Pennsylvania, "A Citizen's Guide," archived July 23, 2019
  5. Pennsylvania General Assembly, "Title 42," accessed September 24, 2019
  6. Pittsburgh City Paper, "Four Pennsylvania appellate court positions are on the primary ballot; meet the candidates," April 11, 2023
  7. The Morning Call, "Pa. primary election 2023: Supreme Court candidates with party backing show fundraising advantage," April 9, 2023
  8. PBS-WHYY, "Pa. primary election 2023: A complete guide to the candidates for state Supreme Court," March 21, 2023
  9. Pennsylvania Department of State, Campaign Finance Online Reporting, "MCCAFFERY FOR SUPREME COURT," accessed May 17, 2023
  10. Pennsylvania Department of State, Campaign Finance Online Reporting, "KUNSELMAN FOR PA," accessed May 17, 2023
  11. Pennsylvania Department of State, Campaign Finance Online Reporting, "MCCAFFERY FOR SUPREME COURT," accessed May 3, 2023
  12. Pennsylvania Department of State, Campaign Finance Online Reporting, "KUNSELMAN FOR PA," accessed May 3, 2023
  13. American Judicature Society, "Methods of Judicial Selection: Pennsylvania," archived October 3, 2014
  14. 2018 Pennsylvania Consolidated Statutes, "Title 42, Chapter 33, Section 3351," accessed August 25, 2020
  15. Pittsburgh Post-Gazette, "State Supreme Court races will sizzle in 2015," December 7, 2015

Marquee, election completed, 2023