2009 Pennsylvania state elections

Pennsylvania held statewide municipal elections on November 3, 2009, to fill a number of judicial positions and to allow judicial retention votes.[1] The necessary primary elections were held on May 19, 2009.[2]

Justice of the Supreme Court

Voters were asked to fill a single vacancy on the Supreme Court of Pennsylvania. The vacant seat had been occupied by Jane Cutler Greenspan, who had agreed as a condition of her interim appointment in 2008 not to seek a full term on the court. Vying for the seat in the general election were Republican Joan Orie Melvin of Allegheny County and Democrat Jack A. Panella of Northampton County, both of whom were then serving on the Superior Court of Pennsylvania.[3] Orie Melvin won the seat with 53 percent of the vote, restoring the 4–3 Republican majority that had existed on the court prior to the 2007 state election.[4] Panella raised $2.4 million for the campaign, compared to $734,000 for Orie Melvin.[5] Low voter turnout, especially in Panella's native Philadelphia, played a key role in Orie Melvin's victory.[5]

Justice of the Supreme Court of Pennsylvania, 2009[1]

Party		Candidate	Votes	%
	Republican	Joan Orie Melvin	946,121	53.3
	Democratic	Jack A. Panella	830,277	46.7
Total votes			1,776,398	100

Judge of the Superior Court

Four seats on the Superior Court were up for grabs. On the ballot in the general election were four Republicans, four Democrats, and one Libertarian.

Republican candidate Judy Olson won the most votes, followed by fellow Republicans Sallie Mundy and Paula Ott. There was a four-way near tie for fourth place, with Democrat Anne E. Lazarus in the lead (with 11.5% of the vote) but closely trailed by Democrat Robert J. Colville (11.4%), Republican Temp Smith (11.4%), and Democrat Kevin Francis McCarthy (11.3%). The close results triggered an optional automatic recount. While candidates Colville and McCarthy opted out of the recount, Smith declined to do so, prompting Secretary of State Pedro Cortés to order a recount to begin on November 18—the first automatic statewide recount in Pennsylvania history.[6] On December 1, the Pennsylvania Department of State announced that the recount had been completed, with the results essentially unchanged; Lazarus won the fourth seat.[7] The cost of the recount was $542,000.[8]

Judge of the Superior Court of Pennsylvania, 2009[1]

Party		Candidate	Votes	%
	Republican	Judy Olson	954,065	15.1
	Republican	Sallie Mundy	870,091	13.7
	Republican	Paula Ott	807,328	12.7
	Democratic	Anne E. Lazarus	726,917	11.5
	Democratic	Robert J. Colville	724,830	11.4
	Republican	Temp Smith	723,117	11.4
	Democratic	Kevin Francis McCarthy	714,237	11.3
	Democratic	Teresa Sarmina	690,682	10.9
	Libertarian	Marakay J. Rogers	127,492	2.0
Total votes			6,338,759	100

Judge of the Commonwealth Court

There were two open seats on the Commonwealth Court of Pennsylvania. The Candidates in the General Election were selected in the Pennsylvania Municipal Primary Election which was held May 19, 2009. The two leading Republican candidates in the Primary were Patricia A. McCullough (36.2%) and Kevin Brobson (35.9%), followed by Al Frioni (27.9%). The two leading Democratic candidates were Barbara Behrend Ernsberger (22.0%) and Linda Judson (21.1%) followed by Jimmy Lynn (15.3%) Michael Sherman (14.9%) Stephen Pollok (13.5%) and Daniel Brickmont (13.3%).[9] The General Election was held on Tuesday November 3, 2009.

Judge of the Commonwealth Court of Pennsylvania, 2009[1]

Party		Candidate	Votes	%
	Republican	Patricia A. McCullough	900,666	28.1
	Republican	Kevin Brobson	836,511	26.1
	Democratic	Linda S. Judson	738,452	23.1
	Democratic	Barbara Behrend Ernsberger	726,431	22.7
Total votes			3,202,060	100

Judge of the Superior Court retention

Voters elected to retain Judge Kate Ford Elliott on the Superior Court.

Retention of Judge Kate Ford Elliott[1]

Candidate		Votes	%
Yes		963,309	68.8
No		436,159	31.2
Total votes		1,399,468	100

Judge of the Commonwealth Court retention

Voters elected to retain Judge Dan Pellegrini on the Commonwealth Court.

Retention of Judge Dan Pellegrini[1]

Candidate		Votes	%
Yes		939,019	67.2
No		457,957	32.8
Total votes		1,396,976	100

References

1. "2009 Municipal Election". Pennsylvania Department of State. 2009. Retrieved November 13, 2009.
2. "2009 Municipal Primary". Pennsylvania Department of State. 2009. Retrieved November 5, 2009.
3. Jackson, Peter (November 1, 2009). "Pa. high court candidates have contrasting styles". The Mercury. Pottstown. Associated Press. Archived from the original on March 1, 2012. Retrieved November 5, 2009.
4. O'Brien, John (November 3, 2009). "Republicans gain majority on Pa. SC". Legal Newsline. Chicago. Archived from the original on November 8, 2009. Retrieved November 5, 2009.
5. "Philly apathy pays off". Pittsburgh Tribune Review. November 8, 2009. After all, she owes her seat on the high court largely to the incredible voter apathy displayed last Tuesday in the City of Brotherly Love.
6. "Secretary of the Commonwealth Pedro A. Cortés Orders Recount in Close Superior Court Election" (PDF) (Press release). Pennsylvania Department of State. November 13, 2009. Retrieved November 13, 2009.
7. "Recount in Close Superior Court Election Confirms Original Winner" (PDF) (Press release). Pennsylvania Department of State. December 1, 2009. Archived from the original (PDF) on October 21, 2012. Retrieved December 2, 2009.
8. Worden, Amy (May 26, 2011). "PA counties prepare recount for judicial race". The Philadelphia Inquirer. Retrieved June 2, 2011. The last statewide recount - in a November 2009 contest for Superior Court race - cost the state $542,000.
9. http://www.electionreturns.state.pa.us/ElectionsInformation.aspx?FunctionID=13&ElectionID=30&OfficeID=10