Sen. Bob Casey (D-Pa.) is still refusing to concede defeat after losing to Republican Dave McCormick. Despite the Associated Press, DecisionDeskHQ, and other outlets calling the race for McCormick, Team Casey is actively trying to overturn the result.
Democrats aren't even trying to hide their willingness to break the law to alter election results. Just last week, in Bucks County, the county commissioners voted 2-1 to ignore the advice of their legal counsel and defy a ruling from the Pennsylvania Supreme Court on how ballots should be counted. Democrat commissioners Robert Harvie Jr. and Diane Marseglia approved counting 124 improperly signed ballots, fully aware that their actions were illegal. This was no accident — it was a deliberate act of defiance.
“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” Marseglia said. “So for me, if I violate this law, it’s because I want a court to pay attention to it.”
While they've managed to count a few illegal votes here and there, marginally chipping away at McCormick's lead, Casey remains without a path to victory. Now, the Pennsylvania Supreme Court has stepped in, siding with the McCormick campaign to stop rogue counties from counting illegal ballots in an attempt to overturn the results of the election.
"The Pennsylvania Supreme Court on Monday ruled that undated or misdated mail-in and absentee ballots 'shall not be counted' by any of the state’s boards of elections — including in the handful of counties where Democratic officials already voted to defy the high court’s previous rulings on the matter in the middle of a high-stakes U.S. Senate race that’s headed to a recount," reports the Pittsburgh Post-Gazette. "State and national Republican leaders have pledged to fight what they describe as a brazen betrayal of public trust by Pennsylvania Democratic election officials as the heated race between Sen.-elect David McCormick and incumbent Sen. Bob Casey plays out in court."
Democrats, including Mr. Casey’s campaign attorneys, say the defiance is grounded in protecting voters’ rights according to the state constitution. Republicans blast it as electioneering on Mr. Casey’s behalf, and pledged Monday to pursue legal action against local officials who’ve openly defied the state’s highest court. The McCormick campaign, Republican National Committee and state GOP have asked the state Supreme Court to block the counties from counting the deficient ballots.
The Supreme Court answered late Monday afternoon in a 4-3 decision, saying the counties in question “shall comply with the prior rulings of this court in which we have clarified that mail-in and absentee ballots that fail to comply with the [dating requirements] SHALL NOT BE COUNTED” for the purposes of the 2024 election.
“Elections need rules and they must be applied consistently,” Pennsylvania GOP Chair Lawrence Tabas told reporters on Monday.
The court also reaffirmed on Nov. 1 that no changes to election laws can be made during the election. Justice P. Kevin Brobson criticized local election officials for overstepping their authority by ignoring the Election Code, stressing that they must enforce, not reinterpret, the laws.
Tabas urged Gov. Josh Shapiro to push counties like Bucks, Philadelphia, Montgomery, and Centre to follow the law and disqualify undated ballots, as most counties have already done.
This is a huge victory for Senator-elect McCormick. It's time for Casey to concede.
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