Pennsylvania Democrats Defy Court Orders By Including Disputed Ballots In Senate Race Count

 November 18, 2024

Democratic officials across Pennsylvania counties find themselves at the center of a heated electoral dispute in the race between Dave McCormick and Bob Casey.

According to Fox News, Democratic officials in several Pennsylvania counties are openly counting disqualified ballots despite state law and court orders as the Senate race heads toward a million-dollar recount.

While Republican Dave McCormick maintains a 26,000-vote lead and has been declared winner by the Associated Press, incumbent Democratic Senator Bob Casey refuses to concede. The race's narrow margin, falling within one percentage point, has triggered an automatic recount under state law. The controversy centers on whether mail ballots lacking required signatures or dates should be included in the final count.

Local Election Officials Challenge Legal Precedent

Bucks County Commissioner Diane Ellis-Marseglia, a Democrat, expressed her stance during a Thursday meeting where Democrats voted against a Republican-led challenge to disputed ballots. She stated:

I think we all know that precedent by a court doesn't matter anymore in this country. People violate laws anytime they want. So, for me, if I violate this law, it's because I want a court to pay attention. There's nothing more important than counting votes.

The situation has created tension in multiple counties, including Montgomery County, where officials spent 30 minutes deliberating over approximately 180 provisional ballots missing secrecy envelopes. Democratic board chair Neil Makhija advocated for accepting these ballots to prevent voter disenfranchisement, while other board members, including a Democrat and a Republican, voted to reject them following legal counsel.

Similar disputes have emerged in Bucks, Chester, and Delaware Counties, where hundreds of votes hang in the balance. The controversy extends to undated mail ballots and those with incorrect dates on outer envelopes, with Democratic officials arguing that technical errors shouldn't invalidate votes.

Legal Battle Intensifies As Recount Deadline Approaches

The McCormick campaign and Republican National Committee have petitioned the Pennsylvania Supreme Court to reinforce its November 1 decision prohibiting the counting of undated mail ballots. The Casey campaign and Pennsylvania Department of State have responded with legal motions arguing against court intervention.

RNC Chairman Michael Whatley expressed strong opposition to the Democratic officials' actions:

Let's be clear about what's happening here: Democrats in Pennsylvania are brazenly trying to break the law by attempting to count illegal ballots. They are doing this because they want to steal a senate seat.

Democrats defend their position by pointing to McCormick's own past stance during the 2022 Republican primary against Dr. Mehmet Oz, where he argued for counting contested ballots. The situation affects thousands of mail-in ballots across the state, though most counties have not proceeded with counting disputed ballots.

Moving Forward Through Political Turbulence

Both candidates have maintained active schedules despite the ongoing dispute. Casey continues his official Senate duties in Washington, D.C., participating in floor votes. Meanwhile, McCormick attended new member orientation and participated in Republican majority leadership votes.

The state-mandated recount faces a deadline of noon on November 26. Election officials anticipate minimal impact on the final outcome, suggesting changes of only a few hundred votes at most. The RNC has filed four lawsuits challenging county decisions regarding undated ballots.

This high-stakes Senate race exemplifies the ongoing tension between election accessibility and legal compliance. Democratic officials in Philadelphia and surrounding counties continue counting disputed ballots despite the state Supreme Court's ruling, while Republicans pursue legal challenges to uphold existing election laws. The final resolution of this contest could have significant implications for future election administration practices in Pennsylvania.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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