The Pennsylvania Supreme Court has ordered the state's election board to follow previous rulings and not count “mail-in and absentee ballots” that do not comply with state election law.
The Pennsylvania Supreme Court issued the ruling Monday, specifically because Bucks County election officials went against Pennsylvania Supreme Court precedent and moved to count votes that the court deemed uncountable.
judgment read Partially:
The Court hereby assumes the authority of the Crown Bench for immediate applications (see 42 Pa.CS § 502). However, it only directs that all defendants, including the Boards of Elections of Bucks, Montgomery, and Philadelphia counties, shall abide by the prior judgment. This court holds that mail-in and absentee ballots that do not meet the requirements of the Pennsylvania Election Code (see 25 PS §§ 3146.6(a), 3150.16(a)) shall not be counted for purposes of: . Election to be held on November 5, 2024.
The Republican National Committee and the Pennsylvania Republican Party are taking on all 67 counties in Pennsylvania as all eyes are on the U.S. Senate race in which Sen. Bob Casey (D-Pennsylvania) refuses to concede to Sen.-elect Dave McCormick. (D-Pennsylvania), despite the Associated Press calling for McCormick to run more than a week ago.
The ruling comes after Bucks County Commissioner Diane Ellis Marseglia and Commissioner Robert Harvey Jr., acting as McCormick's attorneys, announced on Nov. 12 that 405 mail-in ballots with incorrect or no dates were filed. It came days after a 2-1 vote in favor of the tally. pointed He filed a separate lawsuit against the Bucks County Board of Elections in Bucks County Civil Court.
“Despite the recommendation of general counsel to reject the vote 'based on the state of the law,' the board did so,” the appeal states.
Ellis Marseglia said after being warned by the county's general counsel that counting the ballots would likely lead to litigation. [these ballots]. I cannot do that,” the application states.
“The board violated the election law's mandatory deadline requirements and the Pennsylvania Supreme Court's repeated orders that deadline requirements must be enforced,” McCormick's attorney, Walter Zimolong, wrote.
Ellis Marseglia and Harvey Jr. also said on Nov. 14 that unsigned provisional ballots would not be counted, despite a Pennsylvania Supreme Court ruling months earlier that said they would not be counted. moved to count unsigned provisional ballots at one location.
Elise Marseglia said she doesn't care about court precedent and boasted that she was indifferent to whether ignoring court decisions violates the law in her official capacity.
“I think everyone knows that court precedent no longer matters in this country and people will break the law all the time,” she said. “So, for me, I violate this law because I want the court to pay attention.”
Ellis Marseglia and Harvey Jr. voted to count their ballots despite the county attorney's office's recommendation that “ballots should not be counted unless the voter has signed in two places.” did.
A third commissioner, Gene DiGirolamo, moved to disallow the vote.
Pennsylvania Supreme Court Justice Kevin Brobson I wrote An accompanying statement accompanying Monday's court order “ensures that local election officials do not abuse the idea that they have the authority to ignore provisions of election law that they believe are unconstitutional.”
“In fact, this court has held that a government agency, such as a county election board, does not have the authority to declare unconstitutional the very statutes upon which it exists and which it is required to enforce,” Brobson said. added.
As of Monday afternoon, McCormick had a 17,439 advantage. According to the report, the vote count was over 95%, beating Casey. new york times election result. The difference between the two is less than 0.5 percentage points, so the race will be subject to a recount.
The case is Republican National Committee vs. All 67 County Boards of Elections, No. 136 MM 2024, Middle District of the Supreme Court of Pennsylvania.
