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Democrats are about to flip a Republican seat in a statewide race for a key court in Pennsylvania

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Democrats are on the verge of flipping a Republican-held seat on Pennsylvania's Commonwealth Court, one of the state's two intermediate appellate courts with members elected statewide. Democrat Lori Dumas, a judge in Philadelphia, currently leads Republican Drew Crompton by more than 17,000 votes in the race for the crucial second slot (the top two vote-getters both win), though the contest will head to an automatic recount since the margin is under 0.5%. Given the large gap in raw votes, however, it would be almost impossible for the outcome to change.

Two spots on the court were up for election earlier this month: Crompton's, since he was appointed to fill a vacancy in 2019, and one held by another Republican, Mary Hannah Leavitt, who chose to retire. Heading into the election, the GOP held a 7-2 advantage on the court. Because Republican Stacy Wallace finished in first place, once Dumas' victory is confirmed, that advantage will drop to 6-3.

It will soon shrink further because one of the court's other members, Republican Kevin Brobson, narrowly won a seat on the state Supreme Court on Nov. 2. That means Democratic Gov. Tom Wolf will be able to fill the impending vacancy, though since anyone he nominates would need to be confirmed by the Republican-held state Senate, he might prefer to leave the seat open rather than accede to a compromise candidate (which is precisely what Crompton was two years ago).

While most traditional appeals in Pennsylvania are handled by the state's other intermediate court, known as the Superior Court, the Commonwealth Court hears cases brought against the state and other governmental bodies. Its most crucial area of jurisdiction is election law, where it often acts as a trial court—meaning lawsuits must be brought there initially—rather than an appellate court. Its rulings therefore tee up cases for the state Supreme Court, which Democrats control 5-2 and has frequently acted to guarantee voting rights in recent years.
 
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