Pennsylvania Supreme Court elections, 2023 (May 16, 2023, Republican primary)

2023 State Judicial Elections
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Carolyn Tornetta Carluccio defeated Patricia McCullough in the Republican primary for one seat on the Pennsylvania Supreme Court on May 16, 2023. Carluccio faced Daniel D. McCaffery (D) in the general election on November 7, 2023.

The Pennsylvania Supreme Court is the state's court of last resort. It can hear appeals from statewide and local courts and assume jurisdiction over any case in the Pennsylvania court system. Spotlight PA’s Kate Huangpu and Stephen Caruso wrote, “The state Supreme Court takes on relatively few cases, but its rulings can have a major impact on politics and policy in Pennsylvania. In recent years, the court has decided cases on reproductive rights, mask mandates, and election disputes.”

Justices run in partisan elections for 10-year terms. Judges seeking additional terms must run in retention elections. The winner of the general election suceeded Justice Max Baer (D), who died 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 court had a 4-2 Democratic majority as a result of Baer's death, and partisan control did not change as a result of the 2023 election. Partisan control of the court last changed following the 2015 elections, when it went from a 4-3 Republican majority to a 5-2 Democratic majority.

Carluccio has been a judge on the Montgomery County Court of Common Pleas since 2010. Before that, Carluccio was an assistant U.S. Attorney and Montgomery County’s Chief Public Defender. Carluccio emphasized her experience, particularly on the Montgomery Court of Common Pleas. In her responses to Ballotpedia’s Candidate Connection survey, Carluccio said, “I will put my experience as a Judge, Federal Prosecutor, and Chief Public Defender to work for the people of our Commonwealth as a Justice of the State Supreme Court.”

McCullough was elected to the Pennsylvania Commonwealth Court in 2009. McCullough previously ran for state supreme court in 2021 and lost to Kevin Brobson 52%-33% in the Republican primary. McCullough highlighted her experience and recent opinions she issued, stating, “In the last year alone I upheld the second amendment four times, ruled in favor of limiting the governor’s COVID mandates, [and] joined in ruling Act 77 is unconstitutional." McCullough also highlighted her role as a presiding judge in a case challenging the results of the 2020 election. "I was the only judge in 2020 in the presidential election in the entire country to order the governor to stop certifying the election because of the constitutional challenges to the mail-in ballot law," McCullough said.

Pennsylvania's Republican Party endorsed Carluccio on Feb. 4, 2023.

The most recent state supreme court election in Pennsylvania was in 2021, when Brobson 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—Kevin M. Dougherty (D), David Wecht (D) and Christine Donohue (D)—will be up for re-election. Unless there are unexpected vacancies, 2025 is the first year that partisan control of the court could change from a Democratic to a Republican majority.

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.

This page focuses on the Republican primary for the Pennsylvania Supreme Court. For more information on the Democratic primary, click here. For more information on the general election, click here.

Carolyn Tornetta Carluccio (R) completed Ballotpedia's Candidate Connection survey. Click on a candidate's name to view that candidate's responses.

Elections

Candidates and results

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

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	There were no incumbents in this race. The results have been certified. Source	Total votes: 823,925
= 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.

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)

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.

Patricia McCullough

Party: Republican Party

Incumbent: No

Political Office: 

Pennsylvania Commonwealth Court (Assumed office: 2009)

Biography:  McCullough earned a B.A. from the University of Pittsburgh in 1978 and a J.D. from the University of Pittsburgh in 1981. After graduating, she worked as a clerk on the Court of Common Pleas in Washington County. McCullough worked in private practice from 1991 to 2004, and was appointed to the Allegheny County Court of Common Please in 2005. She was elected to serve on the Commonwealth Court of Pennsylvania in 2009.

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Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.

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In an interview with The Legal Intelligencer, McCullough highlighted her judicial experience. “I am the only Republican candidate who is an appellate court judge, and the only candidate who has over 12 years of experience as an appellate court judge. Having reviewed decisions of trial court judges and state and local agencies, I have developed an expertise in applying the standard of review required for the Supreme Court,” McCullough said. 

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McCullough said,  “I am the only candidate who has handled and upheld the Constitutional rights of the people in critical matters concerning election integrity, limiting the governor’s COVID mandates, upholding the Second Amendment, (four times in last year alone), congressional redistricting, constitutional challenges to state laws, taxes, environmental issues and more.”

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McCullough’s campaign website said, “I have upheld and defended our rights and liberties my entire career. I will continue to do so because the Constitution still matters.”

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Show sources

Sources: The Unified JUDICIAL SYSTEM of PENNSYLVANIA, "Judge Patricia A. McCullough," Accessed May 4, 2023; The Legal Intelligencer, "Judge Patricia A. McCullough Runs for State Supreme Court," April 21, 2023; Judge Patricia A. McCullough for Supreme Court of Pennsylvania, "Home," Accessed May 4, 2023; The Unified JUDICIAL SYSTEM of PENNSYLVANIA, "Judge Patricia A. McCullough," Accessed May 4, 2023; The Legal Intelligencer, "Judge Patricia A. McCullough Runs for State Supreme Court," April 21, 2023

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

Carolyn Tornetta Carluccio

Party: Republican Party

Incumbent: No

Political Office: None

Submitted Biography:  "With 14 years of experience serving as a Montgomery County Judge of the Court of Common Pleas, I am the first female President Judge in Montgomery County history. I'm honored to be recognized by my peers by being rated 'Highly Recommended' for Pennsylvania Supreme Court by the Pennsylvania Bar Association, and with the support of Pennsylvania voters, I will put my experience as a Judge, Federal Prosecutor, and Chief Public Defender to work for the people of our Commonwealth as a Justice of the State Supreme Court."

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Key Messages

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

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As Judge, I am impartial and apply the law as it is written. I will not legislate from the bench.

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My experience as a Judge, Federal Prosecutor, and Chief Public Defender uniquely qualifies me to serve.

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As Judge, I ensure that everyone is treated with dignity and respect when they come before me. I will serve with the utmost integrity.

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

Please list below 3 key messages of your campaign. What are the main points you want voters to remember about your goals for your time in office?

Carolyn Tornetta Carluccio (R)

As Judge, I am impartial and apply the law as it is written. I will not legislate from the bench.

My experience as a Judge, Federal Prosecutor, and Chief Public Defender uniquely qualifies me to serve.

As Judge, I ensure that everyone is treated with dignity and respect when they come before me. I will serve with the utmost integrity.

What areas of public policy are you personally passionate about?

Carolyn Tornetta Carluccio (R)

I am passionate about the law. Pennsylvanians want impartial and experienced judges to apply the law as it is written and not legislate from the bench.

Campaign advertisements

Carolyn Carluccio

April 18, 2023

View more ads here:

• YouTube

Patricia McCullough

Ballotpedia did not come across any campaign ads for Patricia McCullough while conducting research on this election. If you are aware of any ads 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.

Satellite spending

See also: Satellite spending

Satellite spending describes political spending not controlled by candidates or their campaigns; that is, any political expenditures made by groups or individuals that are not directly affiliated with a candidate. This includes spending by political party committees, super PACs, trade associations, and 501(c)(4) nonprofit groups.

If available, this section includes links to online resources tracking satellite spending in this election. To notify us of a resource to add, email us.

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

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.

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
✔		Daniel D. McCaffery (D)	53.5	1,652,113
		Carolyn Tornetta Carluccio (R)	46.5	1,434,945

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	There were no incumbents in this race. The results have been certified. Source	Total votes: 3,087,058
= 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
✔		Daniel D. McCaffery	60.2	633,845
		Deborah A. Kunselman	39.8	419,090

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	There were no incumbents in this race. The results have been certified. Source	Total votes: 1,052,935
= 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
✔		Carolyn Tornetta Carluccio	53.6	441,413
		Patricia McCullough	46.4	382,512

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	There were no incumbents in this race. The results have been certified. Source	Total votes: 823,925
= 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

• Maria McLaughlin  (Democratic Party)
• Kevin Brobson  (Republican Party) ✔

 Democratic primary candidates

• Maria McLaughlin ✔

Did not make the ballot:

• Carolyn H. Nichols

 Republican primary candidates

• Kevin Brobson ✔
• Patricia McCullough
• Paula A. Patrick

Click [show] to view election results from 2011 through 2017.

2023 battleground elections

See also: Battlegrounds

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

• City elections in St. Louis, Missouri (2023)
• Rhode Island's 1st Congressional District special election, 2023 (September 5 Democratic primary)
• Rosemount-Apple Valley-Eagan School District, Minnesota, elections (2023)

See also

Pennsylvania	Judicial Selection	More Courts
Courts in Pennsylvania Pennsylvania Commonwealth Court Pennsylvania Superior Court Pennsylvania Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Pennsylvania	Federal courts State courts Local courts

External links

• Search Google News for this topic
• Pennsylvania Supreme Court

Footnotes

Pennsylvania courts

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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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