DV Journal

When Democrats on the Bucks County Commission shamelessly flouted state law and counted unqualified ballots in November’s election, many outraged Pennsylvania voters wanted them to face consequences for their unlawful actions.

Now Republican lawmakers are proposing legislation to do just that.

“Not only were they defying state law, frankly, openly and overtly. They were arrogant about it,” said state Rep. Joe D’Orsie (R-York). “Across the state, people were very upset.”

He’s proposing an amendment to the state constitution creating a process by which local officials could be recalled for acts of official misconduct. Under the plan, once the House passed judgment, voters would then be able to decide whether or not to keep those officials in office.

“On the heels of an election in which certain county commissioners in Pennsylvania openly and willfully defied state law, I’m introducing legislation that will allow for the removal of county or municipal elected officials before their term of office has expired,” D’Orsie said in his sponsorship memo.

“Although this method for a referendum should be used sparingly, such egregious acts as were displayed in Pennsylvania this election cycle deserve immediate consideration from the county electorate,” D’Orsie said. “If we’re to have free, fair, and secure elections, as we’re consistently told by our state’s executive branch, we cannot simultaneously have elected officials at the county level usurping the law.”

Democratic commissioners in both Montgomery and Bucks Counties voted to count undated and improperly dated mail-in ballots in defiance of a state Supreme Court order. But it was Bucks County Commissioner Diane Ellis-Marseglia (D) who drew attention to the lawlessness of the action with provocative public statements at the time.

“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,” Ellis-Marseglia said. Her move, along with fellow Democratic Commissioner Bob Harvie, came as the campaign for longtime incumbent Sen. Bob Casey Jr. called for a recount in the close race that he eventually lost to Republican Dave McCormick. Republican Commissioner Gene DiGirolamo voted no.

Ellis-Marseglia’s statement went viral, and when she was confronted by hundreds of residents at a subsequent council meeting, she apologized.

But for many Keystone State voters who were upset by the flagrant behavior, an apology wasn’t enough.

“I always support options to hold officials accountable,” said state Sen. Jarrett Coleman (R-Bucks/Lehigh). He noted a quicker “option would be for the House to immediately begin impeachment proceedings. My constituents in Bucks County find it completely unacceptable that (the commissioners’) attorneys advised them not to do it and they knowingly violated the law. Any tool that helps to ensure public officials are accountable to the taxpayers is something I would support.”

Rep. Donna Scheuren (R-Harleysville) said, “As elected officials we all take the same oath – to uphold both the PA and the US Constitution.  I was extremely distraught to see county commissioners across our state subvert the rule of law and inject their own standard, especially in my own county of Montgomery.  I support Rep. D’Orsie’s proposed legislation because free, fair and secure elections require adherence to the rule of law at every level, and this constitutional amendment would ensure the electorate has the ultimate say in upholding those principles.”

D’Orsie pointed out that the attempt to remove progressive Philadelphia District Attorney Larry Krasner failed, even though the House voted to impeach him. Before the Senate could try him, the state Supreme Court took it up and ultimately ruled it was moot because a new legislature was in office, rather than the one where the impeachment had originated.

The amendment is supported by the Pennsylvania Freedom Caucus (PAFC), of which D’Orsie is a member.

In the waning days of his administration, Gov. Tom Wolf (D) called for a special legislative session to add a constitutional amendment for sexual abuse survivors to the May ballot.

That amendment would retroactively extend the timeline for victims of childhood sexual abuse to file lawsuits. Currently, victims of child sexual assault have until they are 30 years old to sue.

While Wolf has the backing of fellow Democrats, including House Speaker Mark Rozzi (D-Berks), Republicans deem it unnecessary.

“For far too many Pennsylvanians, justice and healing for the pain they’ve experienced is out of reach,” said Wolf. “This special session is a critical step to allow the General Assembly to focus their work on this important, and potentially life-saving, task. No survivor should be denied the chance to hold their abuser accountable, regardless of how much time has passed.”

However, in 2021, Wolf’s Secretary of State Kathy Boockvar resigned after her department failed to advertise the same constitutional amendment so it could be on the ballot that May.

Senate President Pro Tempore Kim Ward (R-Westmoreland) and Senate Majority Leader Joe Pittman (R-Indiana) issued the following statement to say a special session is not needed.

“In August, the Senate reaffirmed with Gov. Wolf our commitment to take the next step in the constitutional amendment process for victims of childhood sexual abuse in this legislative session, just as we have in previous legislative sessions, and consistent with the multiple legislative actions already taken to protect children and families.

“Gov. Wolf’s call of a special session a week before his term ends is an attempt by him to prioritize one issue while there are equally important issues that deserve the same consideration among the voters.

“The Senate has fully organized our chamber for the 2023-2024 legislative session and has put in place a robust session schedule, during which we plan to consider several constitutional amendments in the normal course of the legislative session. It is imperative that we work together to ensure constitutional amendments for voter identification, legislative review of regulations, election audits, and statute of limitations for child sexual abuse survivors can all be presented to voters. A special session is unnecessary to address constitutional amendments,” they said.

House Republican Leader Bryan Cutler agreed.

“It is understandable that Gov. Wolf would want to call for this special session as soon as possible given the election of Pennsylvania’s first Independent speaker of the House and the governor’s desire to make up the Department of State’s failures that led to justice being delayed to many survivors of child sexual abuse.

“However, it is not in the best interest of the Commonwealth to do this work in special session, where we are required to only work on a single issue,” Cutler said.

Wolf’s proclamation was welcomed by Rozzi, a survivor of childhood sexual abuse.

“For the last 10 years, I have fought this battle as a rank-and-file member. Promises have been made. Hope has been raised. But time after time, at the end of the day, for whatever reason, justice has been denied,” said Rozzi. “We are on a tight timeline. Pursuant to our constitution, this amendment must pass both the House and the Senate by the first week of February to be placed on the May primary ballot. If we are late, we risk this life-saving amendment not being placed on the ballot until the November general election.”

The House will not consider any other legislation first, he said.

Nicole Reigelman, a spokesperson for House Democrats, said they support Wolf.

“The House Democratic Caucus applauds Gov. Wolf and Speaker Rozzi for ensuring that this overdue measure receives swift action so that it can be put before the voters in May,” she said.

“Now is the time to stand together and send a clear message: childhood sexual abuse will not be tolerated in our c, commonwealth, and survivors will have the support they need to find justice,” added Wolf.

Wolf and legislative leaders agreed last August that the constitutional amendment process is the best path forward, he said.

“My friends, it is now 2023.  We’ve talked the talk – now it’s time to walk the walk, together, one last time, for the victims of childhood sexual abuse,” said Rozzi.

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Americans are debating an array of contentious issues. As profound as they are, none of those debates can be truly settled without an election process the people trust.

The bad news is, most Pennsylvanians say they are dissatisfied with the way elections are conducted in the state, according to a May 2022 Franklin and Marshall poll.

The good news is, we’re a step closer to giving the people the power to restore confidence in Pennsylvania’s election process.

The General Assembly passed two proposed amendments to the Pennsylvania Constitution addressing elections. If approved again in the 2023-24 legislative session, the questions will be put on the ballot for voters to decide. One of these amendments would require all voters to present a valid form of identification prior to voting. This would apply to voting in person or by mail.

Valid ID would include any government-issued identification. To ensure no voter is prevented from participating in the election process, anyone without a valid ID could receive one at no cost.

Pennsylvania is woefully behind the times when it comes to requiring voter ID. Thirty-five other states require some form of voter ID, and studies show that states where voter ID was implemented have not seen a drop-off in voter participation in any demographic.

When asked, citizens have consistently said they want voter ID. A Franklin and Marshall poll last year found that 74 percent of Pennsylvanians support requiring voters to present identification to vote. A separate proposed amendment would require the General Assembly to provide for audits of elections, including the administration of elections and the results.

The work would be performed by the state Auditor General, who is elected independently by the voters. In years when the Auditor General is on the ballot, the election audit would be conducted by a separate, independent auditor.

Election audits would provide transparent and fact-based analysis of election results, giving voters across the political spectrum assurance that elections are fair and accurate.

In addition to moving these constitutional questions one step closer to voters, the General Assembly passed Act 88 to get private money out of the administration of our elections. The legislation was created in response to the use of grant money from the Center for Tech and Civic Life (CTCL) during the 2020 Election.

Even if you’ve never heard of CTCL, you’ve heard of one of its chief financial backers: billionaire Facebook founder Mark Zuckerberg. Correspondence between CTCL, the Wolf Administration, and county officials demonstrates that millions of dollars in “Zuckerbucks” were directed predominantly to counties that favor Democrats.

Common sense tells us that using private funding to pay for the administration of elections is going to undermine confidence in the process, so we banned it. However, counties do face substantial costs related to primary and general elections, and we ensured the state will help them do it right.

The new law creates grants for counties to cover costs such as hiring and training staff, printing ballots, and managing voting machines and tabulation equipment.

In return, counties that accept the money are required to take several critical steps to ensure the integrity of the process. They must clean up voter rolls, including removing deceased voters and report the total number of voters registered prior to an election. They must disclose the number of mail-in votes received within four hours of polls closing and ensure the safekeeping of all ballots. Finally, counties must count ballots on Election Day without interruption.

Our republic began in Pennsylvania, and we’re taking the lead in keeping it healthy and strong. Act 88 and the above constitutional amendments make up one of the most significant election integrity packages enacted in America.

Passions are running high across Pennsylvania and the nation. People need to know we can resolve our differences peacefully through the election process. Such resolution can only occur when the integrity of the process is assured. We can do it, and it’s my hope that soon the voters themselves will play a key role in providing it.

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