The Bucks County Democrat who publicly declared her intention to violate election law and count inadmissible ballots now says her remarks were misinterpreted.
Bucks County Commission Chair Diane Ellis-Marseglia made national headlines when a video of her statements regarding her vote to accept the improper mail ballots went viral.
“I think we all know that precedent by a court doesn’t matter anymore in this country. People violate laws any time they want. So, for me, if I violate this law, it’s because I want a court to pay attention to it. There is nothing more important than counting votes,” Ellis-Marseglia said last Thursday.
On Monday, she backtracked, telling The Philadelphia Inquirer the backlash from rule of law advocates on both sides of the partisan aisle stemmed from a “misinterpretation of [an] inartfully worded statement on my part.”
“I apologize for all the upset and confusion it caused,” Ellis-Marseglia said.
Ellis-Marseglia made the initial comment during a Board of Elections meeting. Despite a Pennsylvania Supreme Court directive to the contrary, she argued that undated ballots should be counted.
Earlier on Monday, the state Supreme Court ruled yet again the ballots in question can’t be counted.
“The Court hereby ASSUMES its King’s Bench authority over the instant Application to DIRECT that all Respondents, including 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 that mail-in and absentee ballots that fail to comply with the requirements of the Pennsylvania Election Code SHALL NOT BE COUNTED for purposes of the election held on November 5, 2024.” (All capitalization in original).
Longtime Pennsylvania political analyst Salena Zito told Fox News the court’s frustration with county Democrats is apparent in the ruling.
“If you read the ruling, the state Supreme Court, which is 5-2 Democrat majority, literally wrote it in all caps like saying ‘You guys, we told you this already, and you’re doing it, and so we’re going to tell you again’ like they were 7-year-old children,” Zito told Fox News. “So I thought that was pretty funny.”
Pushing the counties to count the ineligible ballots is U.S. Sen. Bob Casey, who is hoping additional ballots and a recount can reverse his narrow loss to Republican Dave McCormick. McCormick currently leads Casey by more than 17,000 votes, according to unofficial returns. Both the Associated Press and DecisionDeskHQ have called the race for McCormick, making it one of the biggest upsets of the 2024 election cycle.
Despite being declared the loser, Casey has refused to concede. A state law-mandated recount is underway and is expected to be completed by Nov. 27. The recount will cost approximately $1 million in taxpayer money to reexamine all ballots.
In a PennLive op-ed, Casey argued undated ballots have been a recurring issue in state elections. He claimed voters would be disenfranchised if their ballots were not counted, though he declined to reference the state Supreme Court’s rulings on the matter.
Hours after Casey’s article was published, the Pennsylvania Supreme Court ruled against him.
Republicans were quick to criticize Ellis-Marseglia, particularly in light of her $600 donation to Casey’s campaign.
“This board should follow the clear pronouncement of the Pennsylvania Supreme Court,” advised Wally Zimalong, an attorney for Republican McCormick’s U.S. Senate campaign.
Trump campaign manager Chris LaCivita expressed outrage, vowing Ellis-Marseglia and others who violated election law would face criminal consequences. “Count on it,” he posted on social media.
“We will pursue to the fullest extent that we can,” Republican National Committee Chair Michael Whatley told reporters Monday.
Supreme Court Justice Kevin Brobson appeared to acknowledge Ellis-Marseglia’s statements in his concurring opinion Monday on the ballot decision.
“Indeed, this Court has held that administrative agencies, like county boards of elections, lack the authority to declare unconstitutional the very statutes from which they derive their existence and which they are charged to enforce,” Republican Brobson wrote.
Ellis-Marseglia claimed she was happy the state Supreme Court ordered all Boards of Election to disregard undated ballots.
“This is exactly what I was hoping for, for the court to weigh in and give us clarity … now we have full clarity,” she said.
