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Bucks County Commissioners Defy State Supreme Court on Ballot Counting

 November 17, 2024

In a contentious vote that has stirred political debate, Bucks County commissioners decided to count ballots missing proper signatures in the closely contested Pennsylvania Senate race.

The commissioners' decision, in defiance of the state's high court, led to an automatic recount, mandated by state law, due to GOP Sen.-elect Dave McCormick's slim lead over incumbent Sen. Bob Casey, as National Review reports.

Bucks County commissioners voted 2-1 to approve the counting of these contested ballots, despite a clear directive from the Pennsylvania Supreme Court against such actions.

This move came in direct contradiction to the advice from their legal advisors, who recommended excluding the 124 ballots that were lacking proper signature compliance.

Tension Over Ballot Count Continues

Commissioners Robert Harvie, Jr. and Diane Marseglia supported the decision, arguing for the inclusion of ballots signed in a singular section as part of the democratic process.

Their decision aligned with actions taken by Philadelphia city commissioners, who also voted to count a smaller set of mail ballots that were either undated or incorrectly dated.

Statewide, Republicans have lodged formal complaints. They filed a petition addressing the Pennsylvania Supreme Court, urging a halt to these ballots being tallied.

The legal challenge specifically targeted Bucks County’s decision, indicating a deeper legal and political implication beyond local procedures.

Margin Triggers Mandatory Recount

Despite the complications, the Associated Press declared McCormick the winner shortly after the election, reporting his narrow 0.4% lead with nearly all votes accounted for. McCormick’s lead translates to fewer than 24,000 votes between him and Senator Casey, a margin slim enough to trigger the state's automatic recount law.

According to Pennsylvania legislation, any race concluded within a 0.5% margin demands a recount. Officials have scheduled this process to start no later than November 20, with a completion deadline of November 27.

Previous recounts in the state have typically reinforced the original results, suggesting stability in the voting system despite occasional disputes.

Significant Recount Cost to Taxpayers

This recount is projected to cost taxpayers over $1 million, a financial burden highlighted by Elizabeth Gregory, a spokesperson for McCormick. Gregory expressed confidence in McCormick's lead, condemned the ongoing recount as a misuse of resources, and pointed to the likelihood of maintaining the original outcome.

The recount's financial implications coincide with the upcoming control shift in the Senate. Regardless of this specific contest's outcome, Republicans are poised to dominate the Senate with potentially 53 seats. The impactful nature of this race, however, extends beyond immediate legislative changes, touching on broader issues of election integrity and procedural adherence.

Debate Over New-Senator Orientation

Adding a layer to this evolving story, Senate Majority Leader Chuck Schumer initially excluded McCormick from new-senator orientation. This decision, however, met with resistance from GOP senators, resulting in a reversal. McCormick, despite the recount, has since been included in the orientation, illustrating the high stakes and tension characterizing this election period.

Diane Marseglia, one of the commissioners in favor of counting the ballots, vocalized her belief in the action's necessity. She suggested that legal norms have lost their influence, "People violate laws anytime they want," expressing an open challenge to the judicial system.

Legal and Political Fallout Looms

Philadelphia city commissioners mirrored this sentiment. They acknowledged the Republican petition against all counties' ballot counting decisions, stating their contemplation of the legal measures filed. This ongoing legal conflict poses significant implications for future electoral processes and the role of election laws in similar disputes.

Sen. Bob Casey, while declining to concede, embodies the uncertainty that permeates this election cycle. His stance underscores both the gravity and unpredictability of a recount scenario, leaving room for potential shifts in the electoral landscape.

As events unfold, Bucks County's decision will continue to resonate through legal circles and political discussions alike, holding broader implications for Pennsylvania's electoral future.