DV Journal

Did Bucks County Democrats try to sneak their nuisance lawsuit targeting major oil companies past county voters?

That’s the allegation made, not by the lawyers, but by Bucks County Judge Stephen A. Corr during a hearing on the case Monday.

Across the country, Democrat-run states and cities have been filing complaints in local courts targeting global energy companies, claiming they violating local ordinances when selling gasoline or marketing their products. The Bucks County lawsuit was filed with great fanfare in March 2024. Commissioners Diane Ellis-Marseglia and Bob Harvie, who make up the Democrat majority, held a press conference, along with Republican Gene DiGirolamo, touting their legal action.

The lawsuit accuses major oil companies like BP, Chevron, Conoco Phillips, Exxon Mobil, Shell — along with the American Petroleum Institute — of violating the county’s nuisance laws, as well as failing to warn Bucks County consumers of the dangers of climate change. The county is pursuing a massive payout,

“This suit is our tool to recoup costs and fund public works projects like bolstering or replacing bridges, retrofitting county-owned buildings and commencing stormwater management projects, all of which will put us in the best possible position to weather what is certain to come,” Ellis-Marseglia said.

Frederick P. Santarelli, a lawyer for Chevron, asked Corr to dismiss the suit, saying the Bucks County commissioners had violated the state Sunshine Act by the method they used to approve their decision to file it. He said that instead of letting the public know their intentions to file a lawsuit against big oil companies, they buried an item authorizing unspecified “environmental litigation” in a consent agenda in January 2024, hiding it from voters.

That sleight-of-hand was “undemocratic,” Santarelli said.

Corr asked Santarelli about the 30-day rule to file a lawsuit under the Sunshine Act. Santarelli said since the case was not filed until March, they had no notice within 30 days that they were defendants.

“It’s absolutely absurd,” he said. He noted that Harvie had exchanged emails with the Center for Climate Integrity, a nonprofit promoting the national litigation effort, before the suit was filed.

Corr also noted DiGirolamo withdrew his support for the lawsuit soon after it was filed.

Bucks Deputy Solicitor Jaclyn Grieser argued the county had followed the Sunshine Act requirements.

“You’ve got to be kidding me,” Corr responded. “Why don’t you want the public to see what you’re doing?”

Corr said he used to be on a school board and knows how the Sunshine Act should be employed. With the county commissioners approving the lawsuit by an obscure item in a consent agenda, “How can the public ask an intelligent question? You go out there and tout transparency…Why are you hiding this?”

“It’s a sneaky way of doing it,” Corr said, asking Grieser if there was any way a member of the public could have known in January what the commissioners were doing without filing a right-to-know request.

Rather than deny the allegation, Grieser attempted to argue that the commissioners did nothing wrong.

“It’s not required by law,” he said.

In rebuttal, Santarelli said county officials were doing “mental gymnastics” and “catch me if you can.”

Ted Boutrous, of Gibson, Dunn and Crutcher LLP, counsel for Chevron Corporation, told DVJournal after the hearing that the lawsuit should never have been filed.

“Virtually identical lawsuits have been dismissed by multiple federal and state courts across the country, including in Delaware, Maryland, New Jersey, New York, and California. The claims are based on interstate and international emissions and, therefore, are precluded and preempted by federal law under clear U.S. Supreme Court precedent.

“As the New Jersey Superior Court held in dismissing New Jersey’s similar lawsuit, ‘the leading and most persuasive case supporting dismissal is the Second Circuit decision in City of New York. There, the federal appeals court rejected the availability of state tort law in the climate change context.’”

In court, Boutrous pointed out that while the lawsuit is allegedly about product liability, the county itself knowingly uses the products — namely oil and gas. And, he added, if the climate change issue was well-known by 2019, why did county officials wait until 2024 to bring suit?

Boutrous also argued Common Pleas Court is the wrong venue since air and water are issues governed by federal courts.

“It’s bigger than this little old judge in Bucks County?” Corr joked.

Boutrous responded, “It’s not that.”

“It’s a jurisdictional issue,” Corr replied.

Boutrous said there are “a number of jurisdictional issues here. It doesn’t hang together, and courts have rejected it for that reason.”

Dan Flynn, a lawyer for the county, said the defendants misconstrued the county’s “straightforward” case.

Flynn said the oil companies knew for years that their product was harming the climate. Instead of letting people know so they could come up with alternatives, they engaged in a “disinformation campaign” and “totally manipulated the market.”

“The defendants knew they were losing the battle,” said Flynn. “Then they made it seem like they were part of the solution.”

He said Bucks County is not suing to stop climate change but for the funds needed to deal with increased floods and other adverse weather events it causes. “If you decide for the defendants, Bucks County is left footing the bill.”

Corr said there are 1,700 oil and gas companies and asked why they are the defendants. Flynn responded, “Because they knew.”

“In the 1980s, fossil fuel knew there was a fork in the road.  We could have done something about it. It was the defendants that steered the market (with advertising),” he said.

“What about me?” asked Corr. “I drive a car that burns gas.”

“The court was not telling everybody to go burn gas,” said Flynn. “The defendants were.”

Corr said, “We’re talking about emissions from all over the world.”

And while many courts dismissed similar cases, Flynn said those in Honolulu, Boulder, Colo. and Minnesota have allowed cases against the oil companies to proceed.

Corr took the matter under advisement and will issue a written ruling.

(From press releases)

Sen. Tracy Pennycuick (R-Montgomery) announced today that several municipalities in the 24th Senate District received grants from the Commonwealth Financing Authority’s (CFA) Multimodal Transportation Fund to assist with traffic and pedestrian safety projects.

The following projects were awarded:

• Green Lane Borough – $200,000 for pavement and restoration of borough streets.
• Hobart’s Run Neighborhood District – $139,997 to repair sidewalks and install street lighting along Beech Street.
• Pennsburg Borough – $168,876 for pedestrian and roadway safety improvements along Eleventh Street in Pennsburg Borough, Red Hill Borough, and Upper Hanover Township, Montgomery County.
• Skippack Township – $250,000 – for traffic improvements at the intersection of Skippack Pike (Route 73) and Bridge Road (Route 113).
• Upper Pottsgrove Township – $301,500 to improve safety at the intersection of Cherrytree Lane, Gilbertsville Road and the Sprogels Run Trail.
• Washington Township – $116,782 to make pedestrian safety upgrades at an intersection along Niantic Road.

“These investments into our roadways and sidewalks will have significant impacts on our Commonwealth’s infrastructure.” said Pennycuick, “I am always happy to see transportation improvement projects in my district receive support.”

Sen. Jarrett Coleman (R-Nucks/Lehigh) and Rep. Craig Staats (R-Quakertown) announced a state grant of $750,000 to help with the cost of highway road improvements for State Road and Meetinghouse Road. The improvements will support the construction of a Wawa convenience store with gas in West Rockhill Township, Bucks County.

Sen. Jarrett Coleman

Specifically, the funding will provide for road widening on State Road to include left turn and right turn lanes, ADA sidewalk installation, pedestrian and ADA-compliant crossing, stormwater upgrades to address road widening and a new traffic signal.

“The turning lanes and improved pedestrian safety features will make a big difference for folks. This grant will improve traffic congestion overall. Plus, the upgraded stormwater infrastructure will protect the area from a storm surge,” Coleman said.

“I’m very happy to see state support for a new Wawa in West Rockhill Township,” said Staats. “Wawa’s decision to open here reflects our community’s strength as a great place to live and work. This new location will provide added convenience for residents, and I look forward to grabbing a coffee when it opens.”

The grants were awarded by the Commonwealth Financing Authority through its Multimodal Transportation Fund, which supports projects that ensure a safe and reliable system of transportation for Pennsylvania residents.

The Multimodal Transportation Fund (MTF) provides grants to encourage economic development and ensure that a safe and reliable system of transportation is available to the residents of this commonwealth.

A new documentary series will give viewers a chance to peek behind the curtains of the epicenter of some of the nation’s fiercest political wars: Bucks County.

The first two episodes of “Bucks County, USA” by Barry Levinson and Robert May recently debuted at the Sundance Film Festival in Utah.

Levinson is the Academy Award-winning director best known for “Rain Man,” “The Natural,” and “Good Morning, Vietnam.”

Doylestown Township residents Paul Martino and his daughter Vanessa, 15, are two of the documentary’s subjects. They spoke to DVJournal about their experiences.

Asked how she got involved in the documentary, Vanessa said “Mr. May, the producer, was interviewing my friend, Evi. And Evi told him about me.”

Sundance was “mostly fun,” she said. They met a lot of famous people at TheWrap party.

“It’s the biggest party at Sundance,” said Martino. TheWrap founder, Susan Waxman, was “super nice” to Vanessa and Evi and they were in a photo shoot for that publication.

The Martinos are Republicans, while Vanessa’s best friend Evi Casey, and her family, are Democrats. Vanessa and Evi, who remain friends despite their political differences, are reoccurring narrators, though much of the action centers on the adults, Martino said.

Martino, a venture capitalist, gained notoriety when he funded the Back to School PAC, which helped candidates who were pro-parents’ rights gain seats on school boards across the state in 2021. At that time, Martino noted that 64 percent of the candidates the PAC backed won.

But when Martino’s wife, Aarati, ran in 2023, the zeitgeist in the county had changed. She lost, along with others on the Republican slate, leading to the Central Bucks Board shifting back to Democratic control.

The two teenagers, now sophomores, met at a party the summer before seventh grade and became friends. Asked if their political differences interfered with their friendship, Vanessa said no.

“We’ve always been friends, and like no matter that we think differently about politics, we’re always going to remain friends,” said Vanessa. “It’s a stupid thing to be divided over.”

Asked if their parents get along, Vanessa said, “Well, my mom and her dad respect each other. But my dad and Evi’s mom seem to hate each other.”

Martino said Evi’s mother writes for “the progressive rag in town,” and she “writes the nastiest things about me.” But when they see each other in person, “We’re always polite.”

“But she literally called me an ‘a**hole’ in the movie…She really did.

“The big theme of the movie, Robert May, who made the film, is trying to get each side to understand that the other side are actually people and there’s a lot of filming that goes on that’s not political in each other’s houses. There’s a scene with me and Vanessa and the kids playing board games tother. And there’s a scene with (former school board president) Karen Smith, on the Democratic side, tending to her goats on her farm. So, the whole theme of this movie is about understanding the humanity of the people that you disagree with.

“And I’ve said this all along,” said Martino. “I’ve never not understood that. I think we, on the right, have always understood that. We disagree with Democrat policies. But the Democrats think we’re bad people. And it’s nice that this is maybe waking them up to we’re actually people and you can have a discussion with us and our kids can be friends and it’s not that big of a deal, guys.”

So far, two episodes of the documentary have been completed, and more will be filmed this spring, said Martino. “My guess is the earliest you will see it is in the fall.”

“When they first started filming us, it was kind of weird having a camera in your face and a dude on the edge of the seat asking questions,” said Vanessa. “But you slowly get more used to it.” Her brother, Zachary, 14, and their pet rabbit also make appearances in the film.

Vanessa’s favorite class is Spanish. She plays the piano and the cello and enjoys jazz. After getting a glimpse of Hollywood and the film industry, she’s not sure she wants to have a career there, although she enjoyed making a documentary for her social studies class last year.

“It seems really competitive, and you have to know people to really be in it. So, I don’t know. Maybe,” said Vanessa.

Most of the documentary series is more about the adults, though, said Martino.

“Vanessa and Evi are the literary device,” he said. “They’re the narrators. In a way, it’s through their eyes, through their friendship.”

The entire process of Aarati Martino deciding to run for office and her campaign are part of the film, he said. The film crew spent a lot of time with the families.

“Vanessa made Christmas presents for them,” said Martino. “That’s how often they were at our house.”

Bucks County Commissioner Diane Ellis-Marseglia, whose public pledge to “violate” election laws and vote to count ineligible ballots made her a national figure of scorn, apologized to the 1,000 or so angry citizens who showed up at Wednesday’s commission meeting.

“I made a mistake, and because I am an elected official, I am held to a far higher standard than everybody else. So, to the citizens I serve, I apologize, and I will continue to work hard for you and endeavor to not make such a mistake again,” she told the crowd.

They were not appeased.

Commissioners Chair Diane Ellis-Marseglia

“Diane, you blatantly thumbed your nose at the voters of Bucks County,” said Fran Grous during the public comment period.

Last Thursday, while conducting her duties as a member of the Election Board, Ellis-Marseglia voted to count some 600 ineligible mail ballots. Explaining her decision, which ignored the clear directions of the courts, she said, “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.”

While Ellis-Marseglia did offer an apology, she offered little in the way of remorse. Instead, she complained about the negative press, and claimed to have received profanity-laced phone calls and emails.

She also claimed her comments were in reference to provisional ballots, not mail-in ballots. And, she added, the comment about ignoring precedent “was referring to the United States Supreme Court and the precedent that has been lost on many issues, including Roe v. Wade.”

That remark inspired boos from the attendees. Ellis-Marseglia gaveled them into silence.

During public comment, many called upon Ellis-Marseglia and her fellow Democratic commissioner Bob Harvie — who also voted to count the ineligible ballots — to resign.

“We’ve been called election deniers, racists, conspiracy theorists,” said Bucks County resident Beth Curcio said. “Did I leave anything out? We, the people of Bucks County, are fed up. Yes, you’re hearing us loud and clear. You cheat and steal our elections. It’s exactly why you want machines and mail-in ballots because Bucks is really red, and you don’t like it, and you can’t win.”

Rochelle Porto also called on the two to resign, adding, “Josef Stalin said many years ago, ‘Elections matter, but who counts the votes matters more.’ You didn’t like the outcome, so you decided it was OK to break the law.”

Christine Figueroa told the commissions that she “wasn’t one of those election deniers in 2020,” but now she has questions about how elections are handled.

“After seeing what happened this time around, there can be no denying that certain people on the left have honed these cheating skills for a very long time before we woke up to it.”

An online petition to impeach the two Democratic Bucks County Commissioners being circulated by resident  Skip Salvesen had more than 3,000 signatures as of Wednesday.

Bucks County GOP Chair Pat Poprik was blunt: “Something’s wrong with how we’re conducting elections in Bucks County.”

“I stood at that Lower Bucks [early voting] office for eight hours, and to see people voting on a table, with no dividers, no chairs, under an awning, it’s incredible. That’s not our county. Or it shouldn’t be.

“Now it’s become the laughing stock and embarrassment,” Poprik added.

Doug Marshall of Lower Makefield said there is a “silver lining” in this situation. For the 2020 election, there was “always plausible deniability” that it was stolen. “But now, there is really no denying that the Democratic Party believes in power by any means necessary. And that is almost as significant a victory as the results of this election.”

Voting registration activist Scott Presler said they’d “flipped Bucks County from blue to red, and for the first time in modern history, there are more registered Republicans than Democrats here. Number two, voters were disenfranchised in this county.” He thanked RNC chairs Michael Whatley and Lara Trump for suing the county to add three more days to early voting. He then read Ellis-Marseglia’s quote on precedents not mattering.

Presler pointed out that the court had already ruled that misdated and undated ballots could not be counted, and “you knew that going into the meeting.”

He also told the two commissioners, “I have a message: “Peacefully, we are coming for your seat in 2027 if you don’t resign today.”

“Have at it,” Ellis-Marseglia replied.

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.

The eyes of the nation were on Bucks County Commissioners last week as they considered whether to count flawed ballots in the hotly-contested U.S. Senate race between incumbent Democrat Bob Casey and Republican Dave McCormick.

McCormick has been declared the victor by both the Associated Press and Decision Desk HQ, but Casey continues to insist the race isn’t over. Casey and his notoriously partisan attorney Marc Elias are pinning their hopes on outstanding ballots, many of them flawed and — based on previous court rulings — ineligible to be included in the final tally.

But that didn’t stop Bucks County Commissioners Chair Diane Ellis-Marseglia. Not only did she and her fellow Democrat Bob Harvie vote to count the flawed ballots, she publicly acknowledged their decision was contrary to the law.

“I think we all know that precedent by a court doesn’t matter anymore in this country,” she said after the fact. “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.”

A video of her admission made a hit on social media, garnering millions of views. Republicans claimed it confirmed their belief that Democrats are willing to manipulate the law to win elections. The fact that Ellis-Marseglia donated $600 to Casey’s campaign in September, and Casey had backed two Bucks County Democrats in previous elections, didn’t help.

Bucks County isn’t alone. Philadelphia, Centre, and Montgomery County Democrats are also defying both the state Supreme Court and Pennsylvania law by including mail ballots that have no date, or have the wrong date, in their county’s final count.

The goal appears to be to help Casey close the gap with McCormick, who had a 17,000 vote lead as of late Sunday.

The public rejection of state law was so egregious that Secretary of State Al Schmidt felt the need to remind county commissioners to do their duty.

“@PAStateDept has reminded our county partners that ‘it is important to remember the history of litigation regarding undated and incorrectly dated [ballots]’ and to consult their solicitor ‘to ensure any decision rendered…is consistent with current law,’” Schmidt posted to X.

Pennsylvania state GOP chair Lawrence Tobias was more direct: “What’s taking place in these counties is absolute lawlessness.”

Not surprisingly, the Republican National Committee, the state GOP and the McCormick campaign are suing Bucks County. Legal experts agree that these ballots will be thrown out by the courts.

“Attorneys from the Bucks County Republican Committee (BCRC), Republican National Committee (RNC), PA GOP. and McCormick Team continue to fight to stop the Democrats from counting illegally cast ballots,” the Bucks County GOP said in a statement Sunday. “They filed a Petition to Review the 2-1 decision by the Democrat-led Board of Elections to count undated and misdated mail ballots in Bucks County Court of Common Pleas.

“Additionally, they filed challenges to the 2-1 decision by the Democrat-led Board of Elections to count undated and misdated provisional ballots. These decisions by the Board of Elections were against the advice of their own Solicitors and violative of the decisions by the Pennsylvania Supreme Court and U.S. Third Circuit law.

“These decisions were an act of partisanship and defiance. We look forward to seeing these folks in Court for an explanation for this blatant attempt to count illegally cast ballots.”

Attorneys from the Bucks County Republican Committee (BCRC), Republican National Committee (RNC), PA GOP and McCormick Team continue to fight to stop the Democrats from counting illegally cast ballots. They filed a Petition to Review the 2-1 decision by the Democrat-led Board of Elections to count undated and misdated mail ballots in Bucks County Court of Common Pleas.

Additionally, they filed challenges to the 2-1 decision by the Democrat-led Board of Elections to count undated and misdated provisional ballots. These decisions by the Board of Elections were against the advice of their own Solicitors and violative of the decisions by the Pennsylvania Supreme Court and U.S. Third Circuit law.

“These decisions were an act of partisanship and defiance. We look forward to seeing these folks in Court for an explanation for this blatant attempt to count illegally cast ballots.

Bucks County’s elected legislators also released a statement decrying how Democrats have handled the voting process overall. They pointed out that, during the early-voting period, Bucks County closed the three voting centers before people standing in line were able to cast their ballots.

“Over the last 3 weeks, both Bucks County as well as the Bucks County Commissioners have been thrown into national headlines regarding this year’s election:

• A Russian misinformation campaign, which led some to make politically charged accusations.
• A county judge ruling that the Bucks County Board of Elections violated the Pennsylvania Election Code.
• An elected County Commissioner openly defying a State Supreme court order.

“While all this has been ongoing, it has been unfortunate to see how quickly accusations have been lobbed against the legislature and not those actually in charge of conducting our elections. While we are disappointed in the actions of a few, we will continue to work to ensure the public’s faith in the election system,” the legislators wrote.

The statement was signed by state Sens. Frank Farry and Jarrett Coleman; and state Reps. Joe Hogan, Shelby Labs, Kristin Marcell, Craig Staats, and KC Tomlinson.

House Republican Leader Bryon Cutler (R-Lancaster) also weighed in, calling on Casey to concede and saying the recount is “costly” and “unnecessary.”

“Democrat-controlled counties are now openly defying the courts and the plain language of the election law to try and overturn a legal election result,” he noted.

Ellis-Marseglia did not respond to a request for comment.

Democrat commissioner Diane Ellis-Marseglia started a firestorm last week that has turned the eyes of the entire country, including U.S. Sen. Tom Cotton and the entire Washington Post Editorial Board, to Bucks County.

In a now-viral moment posted to X by the Bucks County GOP, and shared by the likes of Elon Musk, Commissioner Marseglia motioned to accept ballots in defiance of recent Pennsylvania Supreme Court rulings.

While Bucks is not the only Democrat-led county to ignore the state Supreme Court in seeming attempt to help Democrat Sen. Bob Casey (who previously endorsed Marseglia in her 2023 election) retain his seat, the downright hubris in her comments at the November commissioners’ meeting is the reason for her current notoriety. (It is worth noting that Marseglia’s campaign committee donated to Bob Casey’s campaign this year.)

In her rationale for ignoring the rulings of the Democrat majority Pennsylvania Supreme Court, Marseglia stated, “I think we all know that precedent by a court doesn’t matter anymore in this country. 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.”

She did not display this same level of concern for counting all votes in October, when Bucks County turned away voters in line for on-demand mail-in ballots well before the deadline, and was forced to extend the on-demand mail-in ballot deadline by a Bucks County judge.

Her tenure as both commissioner and member of the board of elections was marred by additional lies in October, when reports of individuals with seemingly official election lanyards, that were not county employees, was brought up in a commissioners’ meeting in October. Marseglia immediately pointed the finger at Republicans, stating “they weren’t from the Democratic Party,” and alleging they were Republicans, absent any evidence.

As it turned out, the badges seemed to have the words “paid for by the Pennsylvania Democratic Party,” directly printed on them. Marseglia was wrong again, and faced no repercussions.

Marseglia’s open disrespect of  the Pennsylvania Supreme Court’s authority to rule on election laws is a stain on election integrity for Bucks County. Nobody is above the law, including Commissioner Marseglia.

How can Bucks County voters have any trust in their elections when their commissioner, who is also a member of the board of elections, openly ignores the rule of law that exists to protect the integrity of our elections?

Marseglia’s carelessness has made Bucks County the epicenter of election denial. For her part, she should resign and apologize to the people of Bucks County.

Republican Senate candidate Dave McCormick’s campaign, the state Republican Party and the Republican National Committee sued Bucks County over a Nov. 12 decision to accept 405 “undated and misdated” ballots.

“Dave McCormick won this election and is already participating in Senate orientation meetings,” said RNC Chairman Michael Whatley. “Meanwhile, Democrat officials and scam lawyers are aiding and abetting Bob Casey’s shameful attempts to steal back a Senate seat which he lost decisively. The RNC is filing a motion in the Pennsylvania Supreme Court to ensure that Pennsylvania’s democratic process is not undermined by the inclusion of illegal ballots in the final vote count. Pennsylvanians are ready to move forward with Dave McCormick representing them in the Senate as Bob Casey torches whatever legacy he had with these anti-democratic schemes.”

“The GOP is also before the Pennsylvania Supreme Court asking it to uphold the law that requires mail in ballots be dated. In addition to Bucks County, Philadelphia and Centre counties, and possibly others are “took an impromptu vote to count undated or improperly dated ballots in bold defiance of Pennsylvania law and two state Supreme Court orders,” the GOP said in a news release.

“What’s taking place in these counties is absolute lawlessness and America is watching,” said Lawrence Tabas, chairman of the Pennsylvania Republican Party.  “We will not rest and will do everything in our power to make sure the law is upheld and voter confidence remains intact.”

The Bucks County lawsuit, filed in Common Pleas Court, says the law is clear, that voters who vote by mail must fill out the date on their outer ballot envelope.

“After years of repeatedly holding that the date requirement is mandatory, the Pennsylvania Supreme Court earlier this month reaffirmed that requirement,” the lawsuit said. It called the county Election Board’s decision not to enforce the ballot date law “baffling.”

“In what can only be understood as a confused or defiant action, the Bucks County Board of Elections has voted to count 405 mail ballots that do not comply with the date requirement. The Pennsylvania Supreme Court has clearly prohibited this action. And to the extent anyone suggests that the date requirement violates the Materiality Provision of the federal Civil Rights Act, that too is wrong as a matter of law. The U.S. Court of Appeals for the Third Circuit has rejected that claim,” the suit said.

“Finally, the Board’s decision to count undated and incorrectly dated mail ballots in contravention of the Election Code violates the U.S. Constitution’s Equal Protection Clause and the Pennsylvania Constitution,” the suit said.

“Other county boards of elections have correctly decided not to count mail ballots that do not comply with the date requirement. Thus, allowing the Board to count such ballots would unconstitutionally create ‘varying standards to determine what [i]s a legal vote,’ the suit noted.

“In contravention of the Pennsylvania Supreme Court’s clear order that the date requirement is in force for the 2024 General Election, the Board voted 2-1 to count 405 mail ballots that were undated or that were dated but admitted ‘no reasonable interpretation of the voter’s handwritten date [that] would conform to the appropriate date range for this election.

“The Board did so even though its legal advisors recommended rejecting those ballots ‘based on the current state of law.’ Despite the recommendation from its legal advisors [and a warning that the county would likely be sued if it counted the ballots], the chair of the board, Diane Ellis-Marseglia, said ‘I just can’t vote to reject [these ballots]. I just can’t.”

She also said, “If I violate the law, I want a court to pay attention to it.”

“Vice Chair Robert Harvie then criticized the General Assembly’s decision to maintain the date requirement, arguing ‘the law needs to be changed.'”

Harvie called the law “pretty stupid.”

“It’s literally not possible for it to be a ballot from a different time period unless someone has figured out how to time travel,” Harvie said.

Harvie and Ellis-Marseglia then voted to count the undated and improperly dated ballots.  “Commissioner [Gene] DiGirolamo voted no, relying on the Pennsylvania Supreme Court’s admonition that the date requirement’s enforceability could not be changed for the 2024 General Election,” the suit said.

DiGirolamo is the sole Republican on the board.

James O’Malley, the spokesperson for Bucks County, did not respond to a request for comment.

Voters waiting in lines in Bucks County may see people with official looking badges on lanyards.

These people are not county election workers. They are Democratic operatives, some reportedly from as far afield as Massachusetts.

“If you look carefully, you’ll see it says ‘PA Dems’ on it,” said Pat Poprik, chair of the Bucks County Republican Committee. “People with questions see it says ‘Voter Protection’ and walk up to them. But then they make their pitch.”

They are allowed to be outside but in some cases, they’ve come inside the polling places and were asked to leave, said Poprik.

They are allowed to talk to voters outside but the ‘Voter Protection’ causes people to think they are voting officials and come over to them, she said.

“They’re as partisan as I am,” Poprik said. Once voters talk to them, instead of helping them, they give a pitch to vote for Democrats.

Voter registration in Bucks County recently flipped from majority Democrat to majority Republican. It is one of the counties that voter registration activist Scott Presler concentrated on. And Pennsylvania GOP Chair Lawrence Tabas said he’s been working toward narrowing the registration gap since he was elected to that position five years ago.

Five years ago, when he was elected state chair, the Democrats’ registration edge was more than 815,000. Now it’s down to 281,091.

Guy Ciarrocchi, a Republican strategist, said the Democratic operatives with lanyards are also showing up at polling places in Cumberland and Pike counties.

A spokesperson for Pennsylvania Democratic Party did not respond when asked to comment Tuesday.

Bucks County’s election problems have become national news, but the spotlight didn’t chase local voters away.

Instead, they waited in long lines Friday, the last day of additional early mail-in voting that a judge had ordered.

The ruling came after the Trump campaign filed a lawsuit against Bucks County, which had closed voting early during the on-demand mail-in ballot days the previous week. Those who were there before the cutoff times—5 p.m. in Doylestown and 4:30 p.m. at the two satellite locations—were given their ballots and allowed to put them in a drop box.

At the Levittown location, a crowd of more than 100 voters snaked around the building late Friday afternoon. Most had been there for two hours and had not reached the front of the line. Many wore Trump T-shirts or Trump stickers, which is not permitted at Election Day polling locations.

“It’s been crazy beyond words,” said Pat Poprik, Bucks County GOP chair, who was on hand. “These people waited in line for six hours.”

Candance Cabanas, the Republican running for state representative in the 140th district, offered people soft pretzels, bottled water and pizza from the GOP table.

Patty from Yardley had been in line for about an hour and 20 minutes.  She had come in the morning but learned the wait was four hours and decided to leave and come back.

“I will be out of the country on Tuesday,” she said, when asked why she was voting Friday. She’s traveling to Costa Rica.

Several others told DVJournal that they will be away on Election Day.

“I travel for work,’ said Dennis Sams, a data engineer from Fairless Hills resident. “I won’t be here next week. I was planning to vote Tuesday, but I found out I couldn’t.”

Nick Rampersuad had been in line for 2 ½ hours.

“I’ve got to travel Tuesday,” the Bristol resident said. “It’s my one chance to vote here. We got some pizza, free food.”

His daughter, Ariana, said, “It’s important to use your voice and you do that by voting.”

Leslie Lamonsoff of Levittown had been waiting “a couple of hours.”

“I thought it would be easier,” she said.  “But it will be just as bad on Tuesday.”

Bensalem resident Tiffany Cavitt is a first-time mom. She had a baby three weeks ago.

“I didn’t think I could bring him with me [to vote] and my husband will be out of town on Tuesday,” Cavitt said.

Some critics wonder if the long lines in Bucks County, which recently flipped from Democratic majority to Republican majority voter registrations, were intentional. Republican voter registration activist Scott Presler, was one who asked that on X. 

Jim Worthington, a Trump supporter whose Newtown Sports and Athletic Center has been the site of several Republican events, came to encourage the voters.

“I’m glad you’re covering this mess,” he told DVJournal. “This just shows you the importance of county government. You vote for these people, and they think this is the norm. It’s got nothing to do with Democrat or Republican. It’s the competency of the people you vote for.”

“Local government has nothing to do with abortion, immigration,” he said. “It has to do with keeping your roads clean, your snow plowed, voting, your parks. And people get the wrong idea, and they get snowed. They think I’m going to vote this way because they believe in this.

“National issues have nothing to do with where you live. And we have a big election coming next year, the DA election.  I’m a Republican. I believe in law and order. The fact of the matter is that it’s going be the most important election in Bucks County history. If we get a soft on crime person, this county’s in trouble,” Worthington said.

Later in the evening, the Trump bus stopped by. Trump surrogates former White House Deputy Press Secretary Hogan Gridley, Congresswoman Victoria Spartz (R-Texas), economist Peter Navarro and Leo Terrell, a civil rights attorney, hopped off to a warm welcome from voters still waiting in line.