PA Supreme Court Orders Election Officials to Stop Counting Illegal Ballots in Senate Recount

Talia Wise
11-19-2024

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The Pennsylvania Supreme Court has ruled that election officials must stop counting invalidated ballots.

The decision comes after the Bucks County Board of Elections voted 2-1 along party lines to include ballots that had been deemed illegal in the recount for the Pennsylvania Senate race. 

Republican Senator-elect David McCormick won 48.93% of the vote and Democratic incumbent Sen. Bob Casey captured 48.50%, triggering an automatic recount.

Democratic commissioners Diane Marseglia and Robert J. Harvie, Jr., voted on November 12th, 2024 to include the illegal ballots, while minority commissioner Gene DiGirolamo voted no. 

The two commissioners agreed to include ballots lacking proper signatures and ballots that were either undated or incorrectly dated for the Senate race. They reasoned that ballots with an incorrect date did not indicate the voter was ineligible nor that the vote was illegitimate, NBC News reports. 

Marseglia is recorded on video of the voting session saying, "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." 

The Republican National Committee (RNC) and the Republican Party of Pennsylvania brought a lawsuit against Bucks, Montgomery, and Philadelphia counties' election boards that had previously voted to tabulate ballots lacking correct dates.

The Pennsylvania Supreme Court said all 67 county boards of elections in the state must adhere to a Nov. 1st ruling by the high court that stipulated mail-in ballots must be properly dated to count in the Nov. 5 election. 

Pennsylvania GOP celebrated the ruling, writing on X, "This is a victory for election integrity and the rule of law. We shall continue to work hard and be vigilant!"

Republican National Committee Chairman Michael Whatley responded to the ruling saying, "protect the vote."

"No more excuses. Election officials in Bucks, Montgomery, Philadelphia, and other counties have absolutely no choice but to reject illegal ballots. We will hold them to it," he wrote. "Protect The Vote!"

"No more excuses. Election officials in Bucks, Montgomery, Philadelphia, and other counties have absolutely no choice but to reject illegal ballots. We will hold them to it," he wrote. "Protect The Vote!"
 

"Pennsylvanians deserve to trust that when they cast a vote legally, it is counted," the senator continued in the post. "Regardless of the final result, I am committed to ensuring Pennsylvanians' voices are heard."

Pennsylvania law dictates that a recount begins on Nov. 20 and the results must be reported to the Secretary of the Commonwealth by Nov. 27. 

Meanwhile, a petition calls for the impeachment of Marseglia and Harvie claiming they "purposely" took "actions to disenfranchise the voters of Bucks County."

The change.org petition has more than 2,600 signatures. 

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About The Author

Talia
Wise

Talia Wise has served as a multi-media producer for CBNNews.com, CBN Newswatch, The Prayer Link, and CBN News social media outlets. Prior to joining CBN News she worked for Fox Sports Florida producing and reporting. Talia earned a master’s degree in journalism from Regent University and a bachelor's degree from the University of Virginia.
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