# 2009 Pennsylvania elections

Elections in Pennsylvania :
Federal government
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State government
Governor
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Lieutenant Governor
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Auditor General
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State House of Representatives
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Elections by year
State elections
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Philadelphia
Mayoral elections
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City Council elections
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Other municipal elections
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Pittsburgh
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Allentown
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Lancaster
Mayors
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Harrisburg
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Government :
vte :
Pennsylvania held statewide municipal elections on November 3, 2009, to fill a number of judicial positions and to allow judicial retention votes. The necessary primary elections were held on May 19, 2009.

## 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 Justice Jane Cutler Greenspan, a Democrat who was appointed by Governor Ed Rendell, due to the retirement of Chief Justice Ralph Cappy. Justice Greenspan 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. 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. Panella raised $2.4 million for the campaign, compared to $734,000 for Orie Melvin. Low voter turnout, especially in Panella's native Philadelphia, played a key role in Orie Melvin's victory.

### Democratic primary
#### Candidates

* Jack Panella, Judge of the Superior Court of Pennsylvania

##### Withdrew

* Teresa Sarmina, Judge of the Philadelphia County Court of Common Pleas

#### Results

Democratic primary results :
| Party | Party | Candidate | Votes | % |
| | Democratic | Jack Panella | 534,953 | 100.0% |
| Total votes | Total votes | Total votes | 534,953 | 100.0% |

### Republican primary
#### Candidates

* Cheryl Lynn Allen, Judge of the Superior Court of Pennsylvania
* Joan Orie Melvin, Judge of the Superior Court of Pennsylvania
* Paul Panepinto, Judge of the Philadelphia County Court of Common Pleas

##### Withdrew

* Jacqueline Shogan, Judge of the Superior Court of Pennsylvania

#### Results

Republican primary results :
| Party | Party | Candidate | Votes | % |
| | Republican | Joan Orie Melvin | 304,339 | 54.77% |
| | Republican | Cheryl Lynn Allen | 151,688 | 27.30% |
| | Republican | Paul Panepinto | 99,641 | 17.93% |
| Total votes | Total votes | Total votes | 555,668 | 100.0% |

### General election
#### Results

2009 Pennsylvania Supreme Court election :
| Party | Party | Candidate | Votes | % |
| | Republican | Joan Orie Melvin | 925,459 | 53.17% |
| | Democratic | Jack A. Panella | 815,106 | 46.83% |
| Total votes | Total votes | Total votes | 1,740,565 | 100.0% |
| | Republican gain from Democratic | Republican gain from Democratic | Republican gain from Democratic | Republican gain from Democratic |

## 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. Originally only three seats were up for election, but Judge Maureen Lally-Green announced her retirement after the May primary election. As a result, both parties picked an additional fourth nominee at a party convention. The Pennsylvania Republican Party picked Paula Ott, President Judge of the Chester County Court of Common Pleas, while the Pennsylvania Democratic Party picked Teresa Sarmina, Judge of the Philadelphia County Court of Common Pleas, as their nominees.
The original three vacant seats on the Superior Court was caused by the election of then-Judges Debra Todd and Seamus McCaffery, both Democrats, to the Pennsylvania Supreme Court in 2007. Governor Ed Rendell appointed Republican John Cleland and Democrat Robert Freedberg as interim appointments to replace Justice Todd and Justice McCaffery respectively. Neither interim-appointed Judge ran for a full term. The third vacancy was caused by the mandatory retirement of Judge Richard Klein after reaching the age of 70.
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. 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. The cost of the recount was $542,000.

### Republican primary
#### Candidates

* Sallie Mundy, Tioga County litigator
* Judy Olson, Judge of the Allegheny County Court of Common Pleas
* Templeton Smith Jr., Allegheny County lawyer

#### Results

Republican primary results (vote for 3) :
| Party | Party | Candidate | Votes | % |
| | Republican | Judy Olson | 406,755 | 37.18% |
| | Republican | Sallie Mundy | 366,527 | 33.51% |
| | Republican | Temp Smith | 320,646 | 29.31% |
| Total votes | Total votes | Total votes | 1,093,928 | 100.0% |

### Democratic primary
#### Candidates

* Robert Colville, Judge of the Allegheny County Court of Common Pleas
* Anne Lazarus, Judge of the Philadelphia County Court of Common Pleas
* Tom Munley, Judge of the Lackawanna County Court of Common Pleas
* Kevin Francis McCarthy, Allegheny County assistant district attorney
* Paula Patrick, Judge of the Philadelphia County Court of Common Pleas
* John Younge, Judge of the Philadelphia County Court of Common Pleas

#### Results

Democratic primary results (vote for 3) :
| Party | Party | Candidate | Votes | % |
| | Democratic | Robert Colville | 311,619 | 20.36% |
| | Democratic | Kevin Francis McCarthy | 295,372 | 19.30% |
| | Democratic | Anne Lazarus | 293,095 | 19.15% |
| | Democratic | Paula Patrick | 234,196 | 15.30% |
| | Democratic | Tom Munley | 206,878 | 13.52% |
| | Democratic | John Younge | 189,057 | 12.35% |
| Total votes | Total votes | Total votes | 1,530,217 | 100.0% |

### General election
#### Results

2009 Pennsylvania Superior Court election (vote for 4) :
| Party | Party | Candidate | Votes | % |
| | Republican | Judy Olson | 954,065 | 15.05% |
| | Republican | Sallie Mundy | 870,091 | 13.73% |
| | Republican | Paula Ott | 807,328 | 12.74% |
| | Democratic | Anne E. Lazarus | 726,917 | 11.47% |
| | Democratic | Robert J. Colville | 724,830 | 11.43% |
| | Republican | Temp Smith | 723,117 | 11.41% |
| | Democratic | Kevin Francis McCarthy | 714,237 | 11.27% |
| | Democratic | Teresa Sarmina | 690,682 | 10.90% |
| | Libertarian | Marakay J. Rogers | 127,492 | 2.01% |
| Total votes | Total votes | Total votes | 6,338,759 | 100.0% |
| | Republican hold | Republican hold | Republican hold | Republican hold |
| | Republican hold | Republican hold | Republican hold | Republican hold |
| | Republican hold | Republican hold | Republican hold | Republican hold |
| | Democratic hold | Democratic hold | Democratic hold | Democratic hold |

## Judge of the Commonwealth Court

There were two open seats on the Commonwealth Court of Pennsylvania. Judge James Gardner Colins resigned in January 2008, while Judge Shelly Friedman reached the mandatory retirement age on December 31, 2008. Both Colins and Friedman were initially elected as Democrats. Governor Ed Rendell nominated Johnny G. Butler, a Republican, to fill the vacant seat of Judge James Gardner Colins. Judge Butler did not run for a full term.
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%). The General Election was held on Tuesday November 3, 2009.

### Republican primary
#### Candidates

* Kevin Brobson, shareholder, Buchanan Ingersoll & Rooney (Harrisburg office)
* Alfonso Frioni, commissioner of the Pennsylvania Workers' Compensation Appeals Board
* Patricia McCullough, executive director of the Catholic Charities Diocese of Pittsburgh, former Judge of the Allegheny County Court of Common Pleas

#### Results

Republican primary results (vote for 2) :
| Party | Party | Candidate | Votes | % |
| | Republican | Patricia McCullough | 308,346 | 37.21% |
| | Republican | Kevin Brobson | 291,387 | 35.17% |
| | Republican | Al Frioni | 228,842 | 27.62% |
| Total votes | Total votes | Total votes | 828,575 | 100.0% |

### Democratic primary
#### Candidates

* Daniel Bricmont, personal injury attorney
* Barbara Behrend Ernsberger, general practitioner, Behrend & Ernsberger, P.C. (Pittsburgh-based law firm)
* Linda Judson, Workers' compensation lawyer, Treasurer of the Pittsburgh Parking Authority Board
* James "Jimmy" Lynn, Judge of the Philadelphia County Court of Common Pleas
* Stephen Pollock, member of the Pennsylvania State Planning Board, former co-chair of the Philadelphia Bar Association's Committee on Zoning, Land Use and Code Enforcement
* Michael Sherman, managing partner, Fried, Kane, Walters, Zuschlag & Grochmal (Pittsburgh-based law firm)

#### Results

Democratic primary results (vote for 2) :
| Party | Party | Candidate | Votes | % |
| | Democratic | Barbara Behrend Ernsberger | 231,039 | 21.81% |
| | Democratic | Linda S. Judson | 227,207 | 21.45% |
| | Democratic | Jimmy Lynn | 161,424 | 15.24% |
| | Democratic | Michael Sherman | 157,361 | 14.86% |
| | Democratic | Stephen Pollock | 142,121 | 13.42% |
| | Democratic | Daniel Bricmont | 139,961 | 13.21% |
| Total votes | Total votes | Total votes | 1,059,113 | 100.0% |

### General election
#### Results

2009 Pennsylvania Commonwealth Court election (vote for 2) :
| Party | Party | Candidate | Votes | % |
| | Republican | Patricia A. McCullough | 903,745 | 28.12% |
| | Republican | Kevin Brobson | 839,748 | 26.13% |
| | Democratic | Linda S. Judson | 741,263 | 23.06% |
| | Democratic | Barbara Behrend Ernsberger | 729,241 | 22.69% |
| Total votes | Total votes | Total votes | 3,213,997 | 100.0% |
| | Republican hold | Republican hold | Republican hold | Republican hold |
| | Republican gain from Democratic | Republican gain from Democratic | Republican gain from Democratic | Republican gain from Democratic |

## Judicial retention
### Superior Court

Voters elected to retain Judge Kate Ford Elliott on the Superior Court.
Judge Kate Ford Elliott (D) Retention, 2009 :
| Choice | Votes | % |
| Yes | 973,175 | 68.90 |
| No | 439,272 | 31.10 |
| Total votes | 1,412,447 | 100.00 |
| Source: PA Department of State |||

### Commonwealth Court

Voters elected to retain Judge Dan Pellegrini on the Commonwealth Court.
Judge Dan Pellegrini (D) Retention, 2009 :
| Choice | Votes | % |
| Yes | 948,784 | 67.26 |
| No | 461,799 | 32.74 |
| Total votes | 1,410,583 | 100.00 |
| Source: PA Department of State |||