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Bucks County Leaders Ignore Pennsylvania High Court, Count Unsigned Ballots

 November 17, 2024

In a defiant move against the Pennsylvania Supreme Court, Bucks County Commissioners have opted to count provisional ballots lacking required signatures.

Bucks County’s rogue decision is part of a larger Democratic Party-led challenge to the recent Senate election results, as Breitbart reports.

The controversy began when the Bucks County Commissioners, chaired by Robert J. Harvie Jr. and Vice Chair Diane Ellis-Marseglia, both Democrats, made a contentious decision.

They chose to count certain provisional ballots that were missing signatures, directly opposing a recent ruling by the Pennsylvania Supreme Court.

Election Laws and Court Decisions in Focus

This Supreme Court ruling came from a case involving Republican primary candidates, which emphasized that unsigned provisional ballots should be excluded from counts to uphold election integrity.

According to Section 3050(a.4) of the election code, a signed affidavit is essential for such ballots to be considered valid.

Despite this, the Commissioners proceeded with their decision during a public meeting, indicating a significant divide on the board. Gene DiGirolamo, the lone Republican Commissioner, stood against the decision, highlighting the legal risk involved.

Legal Advisories and Internal Opposition

Adding to the tension, Deputy County Solicitor Daniel Grieser advised against counting the ballots, consistent with the state law and Supreme Court directive. However, his advice was not heeded by the majority of the board.

Diane Ellis-Marseglia expressed her willingness to challenge the court’s decision publicly, stating, "I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want. So for me, if I violate this law, it’s because I want a court to pay attention to it."

Public Reaction and Legal Challenges

Her remarks stirred controversy and drew criticism, particularly as she laughed while admitting the board might be pushing for a court confrontation.

"And there is nothing more important than counting votes, and I’ll take it all the way," Ellis-Marseglia declared, highlighting her commitment to the issue despite potential legal battles.

Republican counsel Walter Zimolong presented a staunch argument before the board, citing the Supreme Court’s clear mandate that both signatures are required for a ballot to count. He emphasized the legal implications of ignoring this mandate.

Broader Political Implications

The decision by the Bucks County Commissioners aligns with ongoing challenges led by Democrats and Sen. Bob Casey against the election victory of Sen.-elect Dave McCormick. This move is part of a broader strategy to question and potentially influence the election outcomes in Pennsylvania.

The Bucks County Republican Party, along with lawyers from the RNC and PAGOP, is preparing to address the commissioners' defiance through legal channels.

The board's decision has set the stage for a potentially significant legal battle over the interpretation and application of election laws.

Lawsuit and Recount Ahead

Further complicating matters, the Board of Elections in Bucks County is already embroiled in a lawsuit filed by McCormick, which accuses the board of accepting misdated or undated mail-in ballots, separate from the unsigned ballot issue.

According to the New York Times, election results are poised for a recount, with McCormick currently leading by over 24,000 votes. This decision by the Bucks County Commissioners could potentially impact the recount process and the final certification of votes.

As the situation develops, all eyes are on Bucks County, where the outcome could influence not only local but national political landscapes. This case may set a precedent for how election laws are interpreted and enforced across the United States in future elections.