Voting access is at stake in the Pennsylvania Supreme Court contest
Pennsylvania has a slew of state and local races to keep an eye on this evening, headlined by a multimillion-dollar state Supreme Court contest between Republican Carolyn Carluccio, president judge of the Montgomery County Court of Common Pleas, and Democrat Daniel McCaffery, a Superior Court judge.
The outcome here won’t change party control of the seven-member court, where Democrats have held a 4-2 majority (with one vacancy) since the death of Democratic Chief Justice Max Baer in October 2022. Rather, Democrats are looking to shore up their majority amid continued legal battles over voting access in the battleground state, and ahead of the next judicial elections in 2025, when three of their four existing seats will be up for retention.
There isn’t much polling on this race, but a September survey by the Commonwealth Foundation, a conservative think tank, showed McCaffery in the lead 42 percent to 36 percent. However, a mid-October survey by Franklin & Marshall College found that, for each candidate, over 70 percent of registered voters weren’t familiar enough to have an opinion of them. Voters, then, are more likely to be influenced in this race by partisan preference and issue-related messaging — of which there’s been plenty.
As we’ve seen repeatedly in the post-Dobbs era, Pennsylvania Democrats have made abortion central to their turnout efforts and attacks against Carluccio. But tonight’s outcome will likely have more immediate ramifications on another key issue: voting access. Pennsylvania’s Act 77, a bipartisan measure that widely expanded access to mail-in voting in 2019, has been repeatedly challenged by Republicans in the wake of Trump’s baseless claims of voting fraud in the 2020 election. The state Supreme Court deadlocked 3-3 on one such challenge right before the 2022 election and is likely to hear additional challenges heading into, and perhaps in relation to, the 2024 election.
—Tia Yang, 538