Pennsylvania Supreme Court Elections, 2023

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Pennsylvania 2023 elections

Special state legislative • Supreme court • Appellate courts • Local ballot measures • School boards • Municipal • How to run for office

Daniel McCaffery (D) defeated Carolyn Carluccio (R) in the partisan election for one seat on the Pennsylvania Supreme Court on Nov. 7, 2023. The primary was May 16, 2023.

McCaffery won Justice Max Baer's (D) seat on the court. Baer died on September 30, 2022.^[1] Before Baer's death, Democrats had a 5-2 Democratic majority on the court.

McCaffery was elected to the Pennsylvania Superior Court in 2019. An Army veteran, he worked as an attorney and assistant district attorney in Philadelphia.^[2] McCaffery said: “The law is the vehicle that drives society toward a more level playing field. I have always worked to make our society more fair, inclusive, and accepting. Pennsylvanians deserve a justice who will always protect, obey, and defend the constitution. I believe I am that person.”^[3]^[4]

Carluccio was a judge on the Montgomery County Court of Common Pleas since 2010. Before that, she was an assistant U.S. Attorney and Montgomery County’s Chief Public Defender.^[5] In her responses to Ballotpedia’s Candidate Connection survey, Carluccio said, ”As Judge, I am impartial and apply the law as it is written. I will not legislate from the bench.”

Partisan control of the court did not change as a result of the 2023 election. If Carluccio had won the general election, the balance of the court would have changed from a 4-2 Democratic majority to a 4-3 Democratic one. Because McCaffery won, the court's balance changed from a 4-2 Democratic majority to a 5-2 Democratic one.

The next scheduled state supreme court elections in Pennsylvania will take place in 2025 when three Democratic justices first elected in 2015 — Kevin M. Dougherty (D), David Wecht (D) and Christine Donohue (D) — will be up for retention.^[6]

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.

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.”^[7]

Justices run in partisan elections for 10-year terms. Judges seeking additional terms must run in retention elections.^[6]

Prior to 2023, Pennsylvania's most recent state supreme court election 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.

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 November 7 general election for the Pennsylvania Supreme Court. For more information on the Democratic primary, click here. For more information on the Republican primary, click here.

Candidates and election results[edit]

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

	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

	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

	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[edit]

See also: Voting in Pennsylvania

Election information in Pennsylvania: Nov. 7, 2023, election.

What was the voter registration deadline?

In-person: Oct. 23, 2023
By mail: Received by Oct. 23, 2023
Online: Oct. 23, 2023

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

N/A

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

In-person: Oct. 31, 2023
By mail: Received by Oct. 31, 2023
Online: Oct. 31, 2023

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

In-person: Nov. 7, 2023
By mail: Received by Nov. 7, 2023

Was early voting available to all voters?

N/A

What were the early voting start and end dates?

N/A to Oct. 31, 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 profiles[edit]

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.

Daniel D. McCaffery

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.

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."

Key Messages

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

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.

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

Ballotpedia's Candidate Connection survey responses[edit]

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?

Image of tmp/8oD0zaClTO70/data/media/images/DanielMcCaffery.jpg

Daniel D. McCaffery (D)

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.

Image of tmp/8oD0zaClTO70/data/media/images/ctcarluccio.jpg

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?

Daniel D. McCaffery (D)

N/A

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[edit]

Carolyn Carluccio[edit]

April 18, 2023

View more ads here:

YouTube

Daniel McCaffery[edit]

April 22, 2023

View more ads here:

YouTube
Facebook

Election competitiveness[edit]

Polls[edit]

See also: Ballotpedia's approach to covering polls

We provide results for polls that are included in polling aggregation from FiveThirtyEight and RealClearPolitics, when available. No polls were available for this election. To notify us of polls published in this election, please email us.

Endorsements[edit]

See also: Ballotpedia: Our approach to covering endorsements

Click the links below to see official endorsement lists published on candidate campaign websites for any candidates that make that information available. If you are aware of a website that should be included, please email us.

Daniel McCaffery

Election spending[edit]

Campaign finance[edit]

Candidates in this election submitted campaign finance reports to the Pennsylvania Department of State .
Click here to access those reports.

Satellite spending[edit]

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.^[8]^[9]^[10]

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.

About the Pennsylvania Supreme Court[edit]

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.

Political composition[edit]

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

Vacancies[edit]

Justice Max Baer (D) passed away on September 30, 2022.^[11] The vacant seat on the court was filled in 2023.

Selection[edit]

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[edit]

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.^[12]^[13]

Election context[edit]