(DailyAnswer.org) – The Pennsylvania Supreme Court has stepped in to ensure election rules are followed, ordering counties not to count mail-in or absentee ballots that fail to meet state law requirements. The decision, issued Monday, comes after Bucks County election officials defied previous rulings and moved to count ballots that didn’t meet legal standards.
In its ruling, the court directed election boards across the state, including those in Bucks, Montgomery, and Philadelphia counties, to comply with the Pennsylvania Election Code. Specifically, ballots that don’t follow legal guidelines, such as missing dates or signatures, are not to be counted for the November 5, 2024, election.
The case was brought by the Republican National Committee and the Pennsylvania GOP. At the heart of the dispute is the U.S. Senate race, where Democrat Bob Casey has refused to concede to Republican Dave McCormick, even though the Associated Press called the race for McCormick over a week ago.
The controversy intensified after Bucks County commissioners voted 2-1 on November 12 to count 405 mail-in ballots that were misdated or undated. This decision was made despite warnings from the county’s legal advisers, who cited the Supreme Court’s clear stance against counting such ballots. Commissioner Diane Ellis-Marseglia, who supported counting the ballots, dismissed concerns about legality, stating, “I just can’t vote to reject [these ballots]. I just can’t.”
McCormick’s legal team, led by Walter Zimolong, argued that the county violated the Election Code and ignored the court’s repeated rulings. Adding to the tension, Ellis-Marseglia and the board also decided to count provisional ballots missing required signatures, again contradicting prior Supreme Court decisions.
Ellis-Marseglia defended her actions, saying, “I think we all know that precedent by a court doesn’t matter anymore in this country.” Her comments highlight a growing divide over how election laws are interpreted and enforced.
Justice Kevin Brobson, in a concurring opinion, emphasized that local election boards lack the authority to overrule state laws or declare them unconstitutional. He warned against officials taking matters into their own hands, urging strict adherence to the Election Code.
As of Monday, McCormick led Casey by over 17,000 votes, with 95% of the vote counted. The narrow margin ensures a recount, keeping the race in the spotlight.
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