Low Turnout Expected for Judicial Primary Elections

Tuesday’s statewide primary election for the sole appellate court seat on the ballot is expected to generate low turnout, which will raise the importance of external factors, like other local races that might entice voters to the polls, and the “ground game” waged by local parties and candidates, political observers and judicial candidates told The Legal.

Turnout is likewise expected to be very low in Philadelphia, where the judicial primary is a virtual general election because of the weakness of the city Republican Party, which hasn’t elected a judge on its ticket without Democratic support since 1969.

There is a contested Democratic primary for Superior Court between Joseph C. Waters Jr., a Philadelphia Municipal Court judge, and Jack McVay Jr., an Allegheny County Court of Common Pleas judge presiding in family court cases.

Victor Stabile, the managing partner of Dilworth Paxson’s Harrisburg office, is the only Republican candidate running for Superior Court.

One factor in the Democratic race may be that Waters hails from Philadelphia and McVay hails from Allegheny County.

“I would be stunned if this election did not have an East-West orientation to it,” said G. Terry Madonna, director of the Franklin & Marshall College Poll.

Waters was endorsed by the state Democratic Party. McVay entered the race after the endorsement was announced, and after Michael H. Wojcik, senior counsel with Thorp Reed & Armstrong and who served as county solicitor under former chief executives Dan Onorato and Rich Fitzgerald, decided not to run.

A contested primary for the Democratic nomination for mayor of Pittsburgh may benefit McVay, Madonna and Waters said. In contrast, the most high-profile race in Philadelphia is the primary for city controller.

Waters expressed confidence that he would win because “my opponent has not mounted a campaign. He has not even campaigned in Allegheny County that I can ascertain.” Further, the “East-West animus is not as strong as it once was,” he said.

Waters said that he has campaigned across the state several times and that he expects the Allegheny County Democratic Party to provide ground support.

McVay said "his first responsibility is to the people he serves now … I have not compromised or rescheduled any cases because of this campaign."

McVay said he has had limited time to travel, but he has run an active campaign.