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PA Supreme Court Orders Dem-Run Counties Not To Count Illegal Ballots

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OPINION: This article may contain commentary which reflects the author's opinion.


The Pennsylvania Supreme Court clamped down on what appeared to be an effort by Democrat-run counties to count ballots that justices and state law had determined were illegal and, therefore, ineligible to be tallied.

The new order comes following a declaration by Democratic officials in Bucks County and elsewhere of their intention to count ballots that did not meet legal standards amid a tight race between incumbent Democratic Sen. Bob Casey and GOP challenger Dave McCormack, a race in which the AP called last week for the Republican.

“I think we all know that precedent by a court doesn’t matter anymore in this country,” said Democratic Bucks County Commissioner Diane Ellis-Marseglia as she voted Thursday to count ballots where voters did not submit the two legally required signatures on the outside of the ballot. “People violate laws anytime they want. So, for me, if I violate this law, it’s because I want a court to pay attention. There’s nothing more important than counting votes.”

Republicans filed yet another challenge to stop the illegal counting, prompting the state’s highest court to intervene again.

In a head-scratching 4-3 ruling, justices ordered an immediate halt to counting invalid ballots during what the GOP deemed an unnecessary recount. The initial ruling against Democrats was 7-0.

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After weeks of silence, Gov. Josh Shapiro, a Democrat who was on Vice President Kamala Harris’ shortlist to become her running mate — and a figure many believed she should have picked over Minnesota Gov. Tim Walz — finally spoke publicly about the situation.

“Any insinuation that our laws can be ignored or do not matter is irresponsible and does damage to faith in our electoral process,” said Shapiro, a Democrat. “The rule of law matters in Pennsylvania. … It is critical for counties in both parties to respect it with both their rhetoric and their actions.” As governor, Shapiro said he would “continue working to protect our democracy and the votes of all eligible Pennsylvanians,” Fox News reported.

Others pointed out that in court, lawyers for Democrats in Philadelphia, Bucks County, Montgomery County, and Centre County were arguing that the counties should be counting all sorts of unqualified ballots:

McCormick was initially projected as the winner by The Associated Press, and he is currently leading Casey by 29,000 votes. However, the margin, by law, triggered an automatic recount.

Pennsylvania Secretary of the Commonwealth Al Schmidt confirmed that the Senate race will undergo a recount, which is estimated to cost $1 million. Schmidt told reporters that the results from the recount will be made public on November 27, as reported by CBS News.

Following the high court’s decision that flawed mail-in ballots cannot be accepted during a contentious recount, Pennsylvania Gov. Josh Shapiro has decided to support the court. This is a victory for Republican Party officials.

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In a 4–3 decision on Monday, the state Supreme Court upheld its previous decision that counties cannot count votes that are wrongly or not at all dated. In their Nov. 1 decision, the judges said that 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” when it comes to mail-in and absentee votes.

“Any insinuation that our laws can be ignored or do not matter is irresponsible and does damage to faith in our electoral process,” said Shapiro, a Democrat. “The rule of law matters in Pennsylvania. … It is critical for counties in both parties to respect it with both their rhetoric and their actions.”

As governor, Shapiro said he would “continue working to protect our democracy and the votes of all eligible Pennsylvanians.”

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