In a decisive move, the Pennsylvania Supreme Court has mandated that Boards of Elections across the state adhere to its previous rulings by not counting “mail-in and absentee ballots that fail to comply” with the state election code. This is a clear victory for those who value election integrity and the rule of law, as Democrats continue to undermine these principles.
The ruling was issued on Monday, spotlighting the defiance of Bucks County election officials who have chosen to ignore Pennsylvania Supreme Court precedent by attempting to count ballots deemed ineligible by the court. It’s another example of Democrats trying to manipulate the system for their gain.
According to the ruling, it states:
The Court hereby ASSUMES its King’s Bench authority over the instant Application, see 42 Pa.C.S. § 502, only to DIRECT that all Respondents, including the Boards of Elections in Bucks County, Montgomery County, and Philadelphia County, SHALL COMPLY with the prior rulings of this Court in which we have clarified that mail-in and absentee ballots that fail to comply with the requirements of the Pennsylvania Election Code, see 25 P.S. §§ 3146.6(a), 3150.16(a), SHALL NOT BE COUNTED for purposes of the election held on November 5, 2024.
This lawsuit was spearheaded by the Republican National Committee and the Republican Party of Pennsylvania against all 67 counties. It comes amid a contentious U.S. Senate race where Sen. Bob Casey (D-PA) stubbornly refuses to concede to Sen.-elect Dave McCormick (D-PA), even after a clear call by the Associated Press in favor of McCormick over a week ago.
Despite this ruling, Bucks County commissioners Diane Ellis-Marseglia and chair Robert Harvie Jr., in a blatant disregard for legal advice, voted 2-1 on November 12 to count 405 misdated or undated mail-in ballots, as highlighted in McCormick’s separate lawsuit against the Bucks County Board of Elections.
“The Board did so even though its legal advisers recommended rejecting the ballots ‘based on the current state of the law,'” according to the appeal.
Ellis-Marseglia displayed an alarming disregard for legal counsel by stating she couldn’t vote against these ballots despite warnings from county legal advisers about potential lawsuits.
Walter Zimolong, representing McCormick, emphasized that “the Board violated the Election Code’s mandatory date requirement and the Pennsylvania Supreme Court’s repeated orders holding that the date requirement must be enforced.”
On November 14, Ellis-Marseglia and Harvie Jr. again moved to count provisional ballots lacking signatures in crucial areas, defying a Pennsylvania Supreme Court ruling that such ballots should not be counted.
Ellis-Marseglia arrogantly dismissed court precedent and expressed indifference about potentially breaking the law while ignoring court rulings.
🚨🚨🚨#BucksCounty Democrat Commissioners violate the rule of law and ignore PA Supreme Court ruling!
Democrat Commissioners Diane Marseglia and Bob Harvie voted today to count illegal ballots, against PA Supreme Court ruling, in an attempt to aid former Senator Bob Casey.… pic.twitter.com/qAdFlVchmh
— Bucks GOP (@BucksGOP) November 14, 2024
“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” she said brazenly. “So for me, if I violate this law, it’s because I want a court to pay attention to it.”
Despite opposition from their own legal department advising against counting unsigned ballots unless signed twice by voters, Ellis-Marseglia and Harvie Jr. proceeded anyway.
Commissioner Gene Digirolamo stood against this madness by voting not to recognize these questionable votes.
Pennsylvania Supreme Court Justice Kevin Brobson issued a concurring statement with Monday’s order seeking “to disabuse local elections officials of the notion that they have the authority to ignore Election Code provisions that they believe are unconstitutional.”
Brobson further clarified that “this Court has held that administrative agencies, like county boards of elections, lack the authority to declare unconstitutional the very statutes from which they derive their existence and which they are charged to enforce.”
As of Monday afternoon, McCormick held a lead of 17,439 votes over Casey with more than 95 percent of votes tallied according to The New York Times election results. With less than half a percentage point separating them, a recount is imminent.
The case is titled Republican National Committee v. All 67 County Boards of Elections, No. 136 MM 2024, filed in the Middle District for the Supreme Court of Pennsylvania.