The Pennsylvania Supreme Court ruled Monday afternoon that Bucks, Philadelphia, and other counties were wrong to count undated or incorrectly dated mail-in ballots.
Advertisements
The ruling, which came by with a 7-0 on the merits of the case and 4-3 on procedural matters, comes as the race between Republican Dave McCormick and Democratic incumbent U.S. Sen. Bob Casey heads toward a mandatory recount.
As it stands, unofficial statewide results show McCormick leading by approximately 17,000 votes. The vote count is within a margin narrow enough to force a recount under state law.
The Associated Press had declared McCormick the winner two days post-election, but Casey has yet to concede, insisting that all votes be tallied.
Advertisements
Controversy broke out last week when Bucks County Commissioners Chairperson Diane Ellis-Marseglia, a Democrat, and member of the county’s Board of Elections, went viral nationally after she voted to count defective ballots, calling for a court to review it.
The decision, which was opposed by Republican Commissioner Gene DiGirolamo, drew criticism from conservative politicians and commentators, including billionaire Elon Musk.
Advertisements
“I think we all know that precedent by a court doesn’t matter anymore in this country,” she stated in the clip that spread across social media last week. “People violate laws any time they want. So for me, if I violate this law, it’s because I want a court to pay attention to it.”
The Bucks County Republican Committee hailed the Supreme Court’s decision as a “victory for election integrity and the rule of law.”
County Republicans issued a statement Monday that the county has said they will comply with the law.
Advertisements
Democratic Commissioner Bob Harvie, who is chairperson of the Board of Elections, in a statement Monday evening that claims he and Ellis-Marseglia were attempting to sway the U.S. Senate race were “baseless.”
“The decisions the Board rendered last week are consistent with its long-standing practice of fighting to protect the rights of registered Bucks County voters who made some immaterial mistake on their ballot envelopes or, even worse, suffered mistakes made by election workers, but who nonetheless cast ballots in an effort to have their vote count. Whatever candidates those ballots do or do not lift to victory is up to the voters, and is not the concern of the Board,” Harvie said.
Advertisements
“In the case of undated and misdated mail-in ballots cast in this election, the Pennsylvania Supreme Court has told us today that those votes cast by registered Bucks County voters shall not be counted for the purposes of the Nov. 5, 2024, General Election. This is precisely the clarity we were seeking from the Courts in this matter. The Board of Elections will of course comply with the order of the Court.
He added: “As the issue of undated and misdated ballots remains very much alive before both state and federal courts, we look forward to seeing these cases decided on the merits.”
Advertisements
President-elect Donald Trump’s campaign manager, Chris LaCivita, stated on X, formerly known as Twitter, that the commissioners “will go to jail.”
Democratic Gov. Josh Shapiro issued a statement that said any disregard for the law as damaging to public trust in the electoral process.
Advertisements
Pennsylvania Secretary of the State Al Schmidt said during a radio interview of 1210 AM that Ellis-Marseglia’s comments were “irresponsible” and wrong.
Elizabeth Gregory, McCormick’s communications director, said the Pennsylvania Supreme Court ruling found Bucks County “blatantly violated the law in an effort to help Sen. Casey.”
Tiernan Donohue, campaign manager for Casey, said “McCormick and the national Republicans are working to throw out provisional ballots cast by eligible Pennsylvania voters and accepted by county boards. It is wrong and we will fight it.”
Advertisements
Bucks County election officials issued the results of the mail-in and provisional ballots in question. The mail-in ballots were mostly for Casey and the provisional ballots favored McCormick.
“These numbers make clear, as has been known by both parties, that these votes were never going to alter the outcome of this race,” Harvie said.
Advertisements
The video of Ellis-Marseglia’s comments led to threats against the longtime elected official and other county officials, law enforcement sources said.
Harvie confirmed the national attention has led to threats and harassment to commissioners, their families, and county workers.
“We condemn these pathetic actions in no uncertain terms and have turned over these calls and messages to law enforcement. There is no place for that type of behavior in a democracy,” Harvie said.
Advertisements
The commissioners – two Democrats and Republican – have called for changes to smooth out the state’s election laws, which were updated in 2019 and impacted by numerous lawsuits and court rulings in the years since.
A statement over the weekend from Republican state senators Frank Farry and Jarrett Coleman, and state representatives Joe Hogan, Shelby Labs, Kristin Marcell, Craig Staats, and K.C. Tomlinson said the commissioners were thrown into the national spotlight due to the election.
“While all this has been ongoing, it has been unfortunate to see how quickly accusations have been lobbed against the legislature and not those actually in charge of conducting our elections. While we are disappointed in the actions of a few, we will continue to work to ensure the public’s faith in the election system,” the lawmakers said.
Advertisements
Editor’s Note: This story was updated to correct that the ruling was 7-0 on the merits of it and 4-3 on procedural matters related to it.
Advertisement
Convenient Legal Access to High Quality Cannabis Just A Few Minutes Away!
Canna Remedies: Educate Curate Elevate
Report a correction via email | Editorial standards and policies
