As November’s election nears, the battle continues over the wording of a ballot measure that could raise Pennsylvania’s mandatory judicial retirement age and reshape the immediate future of the state’s high court.

Two former chief justices and a well-known Philadelphia lawyer are seeking to have the Commonwealth Court hear the case after the state Supreme Court deadlocked on the issue earlier this month, arguing that it must still must be resolved in its original jurisdiction. They want the question to inform voters that the age would be raised from 70 to 75 if the constitutional amendment were to pass. In its current state, which says only that the age would be set at 75, it could mislead voters who want an age cap but believe none presently exists, they argue.

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