Bucks County commissioners who voted to violate the law by flouting a ruling from the Democratic-leaning Pennsylvania Supreme Court spurred outrage from local and national Republicans.
The decision to count roughly 124 provisional ballots that were missing signatures, against the advice of the board’s lawyers, shocked Bucks County Republican Party Chairwoman Pat Poprik, who blasted the board members for not following a clear law laid out earlier this year.
“It’s been affirmed now by the Supreme Court,” Poprik told the Washington Examiner in an interview on Friday. “So when my county commissioners voted the other day not to do it, they’re going against the law. It’s that simple.”
On Thursday, two of the three Bucks County Commissioners voted to accept ballots that voters signed in one section but not another. The ballots could be pivotal in a Senate contest recount between Sen. Bob Casey (D-PA) and challenger Dave McCormick.
Board member Diane Marseglia made her intention of violating the law clear, saying she was doing it to get the attention of a higher court.
“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” Marseglia said. “So for me, if I violate this law, it’s because I want a court to pay attention to it.”
The lengthy hearing featured several petitions for the board members to consider as they heard challenges to accept or reject hundreds of ballots that were cast but were set aside for one mistake or another.
Anne Burke, an attorney representing the Pennsylvania Democrats, argued before the board during Thursday’s meeting that the Pennsylvania Supreme Court did not take into account the due process argument when deciding the ruling on misdated ballots earlier this year. She argued that ballots cast by voters but disqualified because of errors made by poll workers should be counted.
“While the Supreme Court did dictate that the signatures on the ballot are mandatory and not directional, they did not consider the due process argument,” Burke said. “And it’s our position that it’s really the poll workers’ fault and not the voters’ fault. The voter clearly intended to vote and the poll worker did not do their duty properly in ensuring the ballot was correct.”
GOP attorney Walter Zimolong pointed out that Democrats have only made this due process argument before the commission board and not a judge.
“This board should follow the election code,” Zimolong said during the meeting. “This board should follow clear mandates in the election code. This board should follow clear and unequivocal language in the election code, and this board should follow binding precedent from the Pennsylvania Supreme Court, so I respectfully request that the board, on its third vote, reject these ballots in each of the categories where box two isn’t signed, where box four isn’t signed, or vice versa, or neither box is signed.”
Meanwhile, the county solicitors called on the board to follow the precedent now set by the Supreme Court ruling.
The Democratic challenge that two board members sided with is undermined by the fact that the Pennsylvania Supreme Court has a Democratic majority, Poprik said. Despite its leftward tilt, the Supreme Court justices still sided with the GOP in its Nov. 1 ruling on misdated and undated ballots.
Most contests that took place last week have been settled. However, a fierce fight between McCormick, who won 48.93% of the vote, and Casey, who captured 48.5%, is close enough that the losing candidate can request a recount, which he has done.
Poprik said Casey has not come to terms with the fact that he has lost his seat.
“I don’t think I would say ‘steal,’ but I think he’s just not facing reality,” Poprik said. “And I don’t know what I would do if I were him with the numbers that close. I think I’d probably look at it too, but I don’t think with that size number, I don’t think it’s going to make a big difference, but he’s certainly within his rights to do so, and let him do it.”
McCormick’s campaign filed a lawsuit on Thursday to prevent Bucks County from counting 405 mail-in ballots “that did not comply with the date requirement,” joining the GOP.
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As of Wednesday, there were approximately 80,000 ballots left to be counted, including 20,000 mail-in and absentee ballots and around 60,000 provisional ballots.
Counties must begin their recount on Wednesday and have until Nov. 27 to report their results to the secretary of the commonwealth.
David Sivak contributed to this report.
