Exponential Spending in Pennsylvania Supreme Court Retention Election

Strategic Insights -

Christine Donohue, Kevin Dougherty, and David Wecht, three Pennsylvania Supreme Court justices on the ballot this year, and the Democratic-leaning groups supporting them, have raised and spent exponentially more money than the Republican-backed groups trying to oust them. The race has become the second most expensive judicial retention election in U.S. history, with over $14 million raised and nearly $12 million spent by the justices' campaign committees and outside groups supporting them.

Key Takeaways:

  • As of October 20, the justices and their supporting groups had raised over $14 million, with nearly $12 million spent on the election.
  • The pro-retention ad spending outpaced anti-retention ad spending 4-1, as shown by data from the ad tracking firm AdImpact.
  • The three justices were each elected as Democrats in 2015 but are standing for retention in a nonpartisan election, where voters are asked to simply pick "yes" or "no".
  • Ousting the justices was a top priority for Pennsylvania Republicans this cycle, but the Republican investment in the election appears to have been smaller than expected and is slowing.
  • Historically expensive retention race, with campaign committees for the three justices raising over $14 million by mid-October and spending nearly $12 million, with an additional $5 million spent by outside groups.
  • The American Civil Liberties Union invested $900,000 in an awareness campaign supporting the judges.
  • Major pro-retention spenders included Pennsylvanians for Judicial Fairness ($700,000), Buildings Bridges Voter Project PAC, People Power Pennsylvania, and Reproductive Freedom for All (combined $1.2 million).
  • Full extent of GOP spending is unknown due to loopholes in state campaign finance law.

Statistics:

  • $14,194,447: Total amount raised by justices' campaign committees and supporters as of October 20.
  • $11,911,416: Total amount spent by justices' campaign committees and supporters as of October 20.
  • 4-1: Ratio of pro-retention to anti-retention ad spending, according to AdImpact.
  • 2.3%: Percentage of voters saying they would vote to oust the justices, according to a September poll by the Philadelphia Inquirer.
  • $1.8 million: Amount raised by the Commonwealth Leaders Fund, a PAC largely funded by Pennsylvania's richest man, Jeff Yass.
  • $1.7 million: Amount spent by Citizens for Term Limits on TV ads opposing the justices.
  • 577,000: Amount spent by groups opposing the justices on TV ads the week of September 30.
  • $1.2 million: Combined amount spent by Buildings Bridges Voter Project PAC, People Power Pennsylvania, and Reproductive Freedom for All on advertising, mailers, and consultants.

Sources:

  • The Philadelphia Inquirer
  • AdImpact
  • Brennan Center for Justice
  • State Court Report
  • Campaign finance reports from the Pennsylvania Department of State
  • Facebook post by former President Barack Obama
  • Philadelphia Inquirer poll