DV Journal

U.S. Sen.-elect Dave McCormick has endorsed state Sen. Greg Rothman to replace Pennsylvania GOP Chairman Lawrence Tabas when his term ends next year, a sign the incoming freshman senator plans to play a leadership role in the Republican Party.

Rothman, 58, was elected in 2022 to represent the 34th Senate District, which includes Cumberland and Perry Counties and part of Dauphin County.

Republicans U.S. Sen.-elect Dave McCormick (left) and state Sen. Greg Rothman campaigning during the 2024 general election campaign.

McCormick noted Rothman, a Marine, is also a successful businessman who chaired the Cumberland County Republican Party. “He has the political savvy and relationships to sustain the progress we made this cycle and make Pennsylvania a powerhouse Republican state,” said McCormick.

“I believe state Sen. Greg Rothman would be an outstanding chair to lead us forward,” McCormick said.

McCormick also thanked Tabas, a Philadelphia lawyer, for his service.

Rothman announced his candidacy on X. “Just got off the phone with @PAGOP Chairman Lawrence Tabas. I thanked him for his 20+ years of selfless service to the Republican Party. I will be running to succeed him as State Party Chairman.”

Several other prominent Republicans also endorsed Rothman.

“When serving with Greg Rothman in the House. I saw his work firsthand. I’m happy to know that he has offered his talents to the Pennsylvania GOP. He is a veteran, a businessman, and a commonsense conservative who will unite our party for success. I am proud to endorse him for chairman,” said Rep. Tim O’Neal (R-Washington). O’Neal serves as the House Republican Caucus whip.

Senate President Pro Tempore Kim Ward called Rothman “the real deal.”

“Intelligent, common sense, great political sense, team player, hard-working, and a really good man. You will be a tremendous leader for our party,” Ward said.

And Vince Galko, a Republican strategist, said Rothman “will make a great chair of the Pennsylvania GOP.”

Last week, Bucks County resident Ted Christian announced he is running for the state Republican chairmanship. Christian was endorsed by venture capitalist Paul Martino, who bankrolled his campaign with $100,000.

Rothman was a Realtor, graduated from Cumberland Valley High School and the University of Massachusetts-Amherst, and holds a master’s degree from Johns Hopkins University. According to his official biography, he served in the Marine Corps for nearly 10 years. And Rothman is also the “proud father” of five children.

McCormick added, “I am also happy to enthusiastically support Bernie Comfort staying on as vice chair to lend her knowledge and create continuity as we build on our successes from this last year.”

Will Sen.-elect Dave McCormick be good for the Delaware Valley? The consensus is yes.

McCormick is part of a GOP surge across Pennsylvania last month, with voters electing former President Donald Trump, state Treasurer Stacy Garrity, Auditor General Tim DeFoor, and electing York County District Attorney Dave Sunday the next attorney general.

During the campaign, McCormick visited various businesses in the Delaware Valley, promising to help them and pushing back against his opponent Sen. Bob Casey Jr.’s claims that greedy businesses, rather than excessive government spending, caused inflation.

Guy Ciarrocchi, a political analyst and former Chester County Chamber of Business CEO, said, “Dave McCormick will be a refreshing voice for job growth—an especially good leader for the suburbs because we are home to so many start-up businesses and angel investors who support new job creators. Dave knows how government can help and harm businesses—from taxes to regulations. As a former chamber CEO, I know that having an experienced businessman who’s worked in companies large and small is perspective that’s truly needed in the Senate.”

Erik Telford, senior vice president of the Commonwealth Foundation, Pennsylvania’s free-market think tank, said, “Voters overwhelmingly cast their ballots based on pocketbook issues, sending a strong signal to policymakers that it’s time to rein in the cost-of-living crisis. Dave McCormick put inflation and the economy at the forefront of his campaign. And Pennsylvanians are now eager for him to deliver on his promises to bring fiscal responsibility to Washington, fight for lower taxes, and make energy more affordable.

“Given his background in the private sector, McCormick should understand that it’s not the role of government to pick winners and losers, but to preserve the free enterprise system – something he can accomplish by cutting red tape and removing the barriers to opportunities that are holding back too many small businesses and entrepreneurs,” said Telford.

Charlie Gerow, a Republican consultant and CEO of Quantum Communications, said, “Dave McCormick will be great for the Philly suburbs as well as the rest of the state. Sen.-elect McCormick has a keen understanding of policies that stimulate economic growth, and he’s passionately committed to pursuing them. The resulting rising tide will truly lift ALL boats.”

And even Democratic consultant TJ Rooney believes McCormick will help DelVal businesses.

“I don’t think there is any doubt that Sen.-elect McCormick will bring the mindset of an extremely successful businessman to the job,” said Rooney.

“It’s also no secret that businesses stand to gain under a second Trump term, especially considering many new senators wholeheartedly support President-elect Trump’s agenda.”

Telford added, “His commitment to unleash Pennsylvania’s potential as a leading energy producer will benefit the state’s economy while making energy more affordable for consumers across the commonwealth.”

A West Point graduate who served in Iraq, then earned a Ph.D. from Princeton, McCormick, 59, led a software company in Pittsburgh before he joined Bridgewater Associates, one of the largest hedge funds in the world, and was tapped as its CEO. McCormick also served in several roles in the George W. Bush administration, including Under Secretary of Treasury.

Commissioner Diane Ellis-Marseglia, we thank you. On behalf of those of us who support the rule of law, and those of us who were trying to get Pennsylvanians—and even our fellow Americans—to pay attention to the games being played by Bob Casey and his activist lawyers, we sincerely thank you.

After the multi-year, multi-billion dollar campaign ended on Nov. 5, voters were exhausted. Most people wanted a break from politics—many activists, too. There was still vote counting to be done—lawyers’ never-ending ballot challenges; election board hearings; and, appeals over mail-in ballots’ signatures and dates (or, lack thereof), machine errors and, the now infamous “provisional ballots” issued on Election Day.

Who but the nerdiest of election nerds, lawyers, or activists pays attention to that dull, drawn-out process? No one. But, not any more. Thanks, Diane!

As Bob Casey’s lawyers—who parachuted in from D.C. and across America—were making illogical and illegal arguments across our state, especially before Democrat-run Boards of Election (aka County Commissioners) in Allegheny, Montgomery, Centre, Philadelphia, and in Bucks County, Dave McCormick’s supporters and attorneys were trying to get the legacy media, and their GOP colleagues across Pennsylvania to notice. They were trying to get the RNC and the Trump-Vance team to notice.

And, then…Commissioner Diane Ellis-Marseglia, sitting high-atop her commissioner’s chair, atop her ruling dais, proclaimed to the audience, and everyone watching on social media, loudly, proudly and arrogantly: “We all know that precedent by a court doesn’t matter anymore in this country and people violate laws any time they want. So for me, if I violate a law, it’s because I want a court to pay attention…”

Again, thank you, Diane. You showed your arrogance, your elitism, and how out of touch many leftwing politicians have become. In her speech, she embodied the mindset that harkens back to the COVID-era: “I’m in charge and I get to make the rules.”

Now, Pennsylvanians, and most Americans know that Bob Casey is allowing leftwing activist-attorneys to make ridiculous, illogical and illegal arguments. To not only try to change the outcome of this election, but to tilt the scales for Democrats in 2026.

Ellis-Marseglia took the boring process of counting votes and arguing over the election code and brought it to light—better than any law professor and TV analyst.

Since election night, Casey attorneys have argued, with a straight face, for election boards and judges to ignore clearly-written Pennsylvania Election law. Casey’s lawyers argued for: ballots to be counted even when the “voter” isn’t registered to vote; for mail-in ballots with no voter signature; for mail-in ballots with no date or the wrong date; and, for ballots cast by voters in one county, yet they live in another.

Most county boards of election rejected these arguments—often unanimously. Some, voted to accept many of those ballots—often over the objection of the Republican Commissioner.

But, Diane must have heard what was happening in Pittsburgh and Norristown, in Philadelphia and State College—and, thought: “Hold my beer!”

She was going to accept these ballots—in violation of the statute and in clear violation of Supreme Court cases ruling that such ballots shall Not be counted. Plus, she had to give a speech to draw attention to her vote. She wanted to proclaim that she knew she was violating the law: She. Just. Didn’t. Care!

Then, the Pennsylvania Supreme Court ruled, again—this time on her actions, and those of her colleagues. They left no doubt. The Court ruled—with its share of ALL CAPS— that the ballots shall Not be counted.

Democrat Justice David Wecht of Allegheny County issued a separate opinion to underscore his frustration, quoting the late US Justice Felix Frankfurter: “If one man can be allowed to determine for himself what the law is, every man can. That means first chaos, then tyranny. The greater the power that defies the law the less tolerant this Court be of defiance.”

As they say on Twitter/X: “Boom!”

Commissioner Diane Ellis-Marseglia reminded the taxpayers of Bucks County who she is—and, what she thinks of the law, and them.

All too often, county commissioners—or township supervisors or school board members—act outside of the spotlight. We don’t notice what they do. Until…

The Chester County Democrat Commissioners and their colleagues serving as the Prison Board came to light when their lax security allowed the now infamous convicted murderer, Danilo Cavalcante, to escape. And, their arrogance kept them from notifying the public for hours. That offered us into a window into how un-seriously they take criminal justice—and, how unaccountable they feel to voters.

The same for the school board members who yelled at parents during COVID.

It’s amazing what local officials will do and say when they think no one is watching, or, when they think they’re untouchable.

Ellis-Marseglia pulled the veil back in Bucks County. Now, we all will watch how votes are counted. Very closely.

As for elections, I live by three principles: Easy to vote. Hard to cheat. Results we can trust. Casey’s lawyers and Ellis-Marseglia tried to take away points two and three.

Now, all of America knows that they don’t really respect the law—or the voters.

We’ll be watching from now on. Thank you, Diane.

The Pennsylvania Supreme Court landed yet another blow against Democrat U.S. Sen. Bob Casey’s hope of overturning his defeat at the hands of his Republican challenger.

The court ruled 4-3 in favor of Dave McCormick’s request to reject undated mail ballots.

“[M]ail-in and absentee ballots that fail to comply with the requires of the Pennsylvania Election Code SHALL NOT BE COUNTED for purposes of the election held on November 5, 2024,” the justices ruled Monday.

McCormick, the Pennsylvania Republican Party, and the Republican National Committee invoked the court’s rarely-used King’s Bench Power. The authority allows the Supreme Court to consider “any case pending in a lower court.”

The court ordered that all Boards of Elections in the state, “including … in Bucks County, Montgomery County, and Philadelphia County, SHALL COMPLY with the prior rulings of this Court.”

It wasn’t a surprise. On Nov. 1, a unanimous Supreme Court stayed a late October ruling by the Commonwealth Court that said 69 undated and incorrectly dated absentee and mail-in ballots in a Philadelphia special election could be counted.

McCormick’s lead over incumbent Casey was almost 18,000 votes in unofficial tallies. And while both the Associated Press and DecisionDeskHQ have called the race for McCormick, Casey has refused to concede. He declined to waive his right for a recount last week. That should be completed by Nov. 27.

Adding fuel to the fire were decisions by Democrats in Bucks and Montgomery Counties to validate undated or incorrectly dated ballots – even though they admitted to ignoring the state Supreme Court.

“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,” said Bucks County Commission Chair Diane Ellis-Marseglia last week during a meeting.

Ellis-Marseglia donated $600 to Casey’s campaign in September.

Republicans said Monday they could ask for legal action against Ellis-Marseglia and other Democrats who flouted the ruling.

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.

Fellow Republican Justice Sallie Mundy and Democrat Justice David Wecht joined Brobson’s concurrence.

Democrat Justice Kevin Dougherty also ruled in favor of McCormick, but did not issue a statement. On Nov. 1, Dougherty heaped scorn on the Commonwealth Court for its decision on undated ballots. He accused it of changing the electoral game “on the very eve of the election” after mail ballots had been shipped and returned. He noted voters, boards of elections, and election workers were already advised on “the handling of undated and misdated ballots.”

Other Democrat justices were not convinced.

Justice Christine Donohue wrote she was “unpersuaded” by Republican arguments over the flawed ballots. She wanted the ballots to be challenged through the courts of common pleas, as written in the Election Code.

Donohue voted in favor of staying the Commonwealth Court’s decision on undated ballots on Nov. 1.

McCormick’s campaign hailed the ruling.

“[It’s] a massive setback to Sen. Casey’s attempt to count illegal ballots. Bucks County and others blatantly violated the law in an effort to help Sen. Casey. Sen.-elect McCormick is very pleased with this ruling and looks forward to taking the oath of office in a few short weeks,” said Elizabeth Gregory, McCormick communications director.

She later told DVJournal all justices agreed with McCormick on the merits.

Gov. Josh Shapiro said, “As I have made clear for years, every eligible Pennsylvanian’s vote should be counted in every race – and thanks to the hard work of Republican and Democratic election officials all across the commonwealth, Pennsylvania has held another free, fair, safe, and secure election.

“As counties continued counting ballots from the 2024 general election and a mandatory statewide recount begins in the U.S. Senate race, they were confronted with a lack of legal clarity surrounding undated mail-in ballots that caused significant confusion and put counties in a challenging legal position. Both my predecessor and I have repeatedly called on lawmakers to deliver greater clarity on mail-in voting – and due to certain legislative actors refusing to act on critical election reforms, this issue had been left to the courts,” Shapiro said.

“Given this lack of clarity, county officials in each of our 67 counties were damned if they did and damned if they didn’t – likely facing legal action no matter which decision they made on counting.”

Shapiro expects county officials “to adhere to this ruling and all the applicable laws governing our elections.”

“As we move forward, I want to be clear: any insinuation that our laws can be ignored or do not matter is irresponsible and does damage to faith in our electoral process. The rule of law matters in this commonwealth, and as I have always said, it is critical for counties and officials in both parties to respect it with both their rhetoric and their actions. As governor, I will continue working to protect our democracy and the votes of all eligible Pennsylvanians – and we will continue to have free, fair, safe, secure elections in our commonwealth.”

The Casey campaign has not commented.

Earlier in the day, Casey campaign manager Tiernan Donohue accused Republicans of trying to disenfranchise voters and vowed  to keep fighting. “Sen. Casey is fighting to ensure Pennsylvanians’ voices are heard and to protect their right to participate in our democracy – just like he has done throughout his entire career,” she said.

PennLive.com also published an article from Casey that claimed the debate was “about the constitutionality of disenfranchising thousands of voters due to a requirement that has no bearing on a voters’ eligibility and has no impact in deterring fraud.”

It’s the eighth time an automatic recount will happen in a Pennsylvania election since 2004, according to Secretary of the Commonwealth Al Schmidt’s office and the second involving McCormick. He lost to Mehmet Oz two years ago in the GOP U.S. Senate primary.

McCormick was in Washington, D.C. last week for U.S. Senate orientation.

County commissioners who violate a ruling from the Pennsylvania Supreme Court that undated and incorrectly dated ballots should not be counted might face criminal as well as civil liability, Republicans warned Monday.

Democrats on both the Montgomery and Bucks County commissions have voted to count those ballots. At least one, Bucks County Commissioner Diane Ellis-Marseglia (D), has publicly acknowledged she understands the county is breaking the law by doing so.

“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.

Responding to questions from reporters about whether county officials could face jail, Republican National Committee Chair Michael Whatley said, “We certainly are exploring that option and we will pursue this to the fullest extent that we can.”

That echoes Trump campaign official Chris LaCivita who said on X, “They will go to jail. Count on it.”

Whatley’s remarks came during a press phone call Monday to discuss the Pennsylvania Senate race, where Republican Dave McCormick is running against Sen. Bob Casey (D-Pa.). While the AP and DecisionDeskHQ have called the race for McCormick, Casey refused to concede. Instead, he brought in partisan election lawyer Marc Elias to try to swing votes into his column.

The DV Journal asked whether GOP officials have asked the state Attorney General or county sheriffs to help enforce the Supreme Court’s ruling.

Lawrence Tabas, chair of the Pennsylvania Republican Committee, said the Supreme Court has ruled on this issue five times, as has the Third Circuit Court of Appeals.

State Supreme Court Justice Kevin Doughtery “said it best,” Tabas noted.

“‘We said what we meant and we meant what we said.’”

“I’m confident they will come out and clearly say to all of the counties in Pennsylvania, undated or misdated mail-in ballots shall not be counted.”

Whatley added it is important to “sequester” those votes so counties do not “inadvertently” count them “when the Supreme Court comes back and tells them again.”

Congressman Dan Meuser (R-Pa.) said the RNC had lawyers and volunteers throughout the country to secure the vote, but that there is no danger McCormick’s victory will be overturned if the ballots are counted properly.

“Things went well until this Casey campaign conduct,” said Meuser. As of Monday morning, McCormick was ahead by 17,000 votes. In the worst-case scenario, “this could be reduced to 14,000 votes.”

“The race was called for good reason,” Meuser said. He also called out prominent Democrats for their silence as state laws are being flagrantly violated.

It’s “disturbing that no one within their party, the Democrat Party, and the leadership right up to the Governor’s Office, is saying anything about this. There’s no comment from Gov. Shapiro. There’s no comment from the attorney general,” Meuser noted.

The RNC had filed lawsuits in several counties to stop those ballots from being counted as Democrats try to send Casey back to the Senate for a fourth term.

Attorney General Michelle Henry (D) pushed back.

“This matter is already being litigated by the parties and interested entities in the Pennsylvania Supreme Court,” said her spokesperson, Brett Hambright. “No state entity has been sued in that action, so our office does not have a client to represent. We will continue to monitor the situation and any developments that would prompt Office of Attorney General involvement.”

DVJournal asked for comments the Bucks and Montgomery County commissioners. They declined to respond.

Secretary of State Al Schmidt is on record telling counties to follow the law.

After the state Supreme Court ruled in McCormick’s favor nixing undated and misdated ballots late Monday afternoon, Gov. Josh Shapiro (D) said, “The Department of State had advised counties repeatedly of their duty to segregate challenged provisional ballots and undated ballots in anticipation of a ruling by the court. The court has now ruled on the counting of these ballots specific to the November 5, 2024 election and I expect all county election officials to adhere to this ruling and all the applicable laws governing our elections.”

A recount is taking place that will cost Pennsylvania taxpayers $1 million.

Casey could stop that recount by conceding, Tabas said.

However, that seems unlikely.

In an op-ed published Monday, Casey argued that legally-excluded ballots should be counted.

“Undated mail ballots have long been at issue in Pennsylvania’s elections. Gov. Wolf’s administration advocated to have these ballots count, as has Secretary of State Al Schmidt, and even my opponent himself. The Commonwealth Court of Pennsylvania has ruled twice in 2024 alone that throwing out these ballots violates Pennsylvania’s constitution.”

He did not mention that the state Supreme Court has twice stepped in to stop those ballots from being counted.

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.

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.

Secretary of the Commonwealth Al Schmidt announced Wednesday the margin between U.S. Sen. Bob Casey and Dave McCormick is so narrow — within 0.5 percent — that a mandatory recount has been triggered under state law.

“This is the eighth time the automatic recount provision has been triggered since the passage of Act 97 of 2004,” Schmidt’s office reported, and the second to involve McCormick. He narrowly lost the GOP U.S. Senate primary to Mehmet Oz two years ago.

Meanwhile, the Casey campaign is accusing McCormick of trying to use a Pennsylvania court ruling to disenfranchise voters. But that ruling didn’t apply to the last Tuesday’s general election.

At issue is a 3-2 ruling made Oct. 30 by the Commonwealth Court that said 69 undated and incorrectly dated absentee and mail-in ballots in a Philadelphia special election should have been counted.

The Philadelphia County Board of Elections initially ruled the ballots were ineligible. When a trial court overruled the Elections Board, state and national Republicans appealed.

One day later, the state Supreme Court said the ruling was “stayed and shall not be applied” to this year’s General Election.

A furious Justice Kevin M. Dougherty heaped scorn on the lower court in a concurring opinion. He accused Commonwealth Court judges of changing the electoral game “on the very eve of the election.” Dougherty noted mail ballots had been shipped and returned and voters, boards of elections, and election workers were already advised on “the handling of undated and misdated ballots.”

Justice Christine Donohue wrote a more muted concurrence that Chief Justice Debra Todd joined. It criticized the lower court for “disturbing the status quo” because county boards of election could use it in surveying mail-in ballots.

All three judges are Democrats.

Despite not applying to ballots cast last Tuesday, the ruling became a flashpoint in the battle between Casey and McCormick as counties prepared to count provisional ballots. It could be due to a Pittsburgh Tribune story that seemed to tie the provisional ballot ruling with the Casey-McCormick race.

Casey campaign manager Tiernan Donohue accused McCormick of looking to block “large tranches of votes” while Casey wants them to be counted. She said the “democratic process must be allowed to play out to determine the result of this election.”

Republican election attorney Linda Kerns said Democrats are misinterpreting the Commonwealth Court ruling because it only applied to the September special election.

“The Trial court allowed the counting of undated mail ballots just from that election. The Commonwealth Court affirmed,” she told DVJournal.

McCormick leads Casey by less than half a percentage point. He’s declared victory but a recount is pending. The Associated Press also called the race for McCormick.

McCormick is currently in Washington for Senate orientation. Senate Majority Leader Chuck Schumer was hesitant to invite McCormick to that orientation, but eventually relented after Republicans complained.

Casey has yet to concede. His campaign and national Democrats promise there’s still a chance he’ll win.

Notorious Democrat lawyer Marc E. Elias, one of the people behind the discredited “Steele Dossier,” is in the Keystone State canvassing ballots.

A Democratic Senatorial Campaign Committee communications strategist suggested McCormick doesn’t believe he’ll win and cited the state Supreme Court case and a separate suit in Philadelphia over GOP representation during provisional ballot reviews. That suit was withdrawn.

A Casey strategist later posted on social media, “Campaigns don’t try to disenfranchise voters when they think a race is over.”

Fellow Democratic Sens. Michael Bennet of Colorado and Mark Kelly of Arizona also lent support to Casey. The two demanded all votes be counted before a winner is declared.

While ballots in Philadelphia have been counted, there are still pending ballots in the Delaware Valley. Montgomery County has 6,500 ballots to examine while Chester County has several dozen. Delaware Count has 4,560 provisional ballots. Bucks County did not respond to DVJournal’s request for provisional ballot totals.

The McCormick campaign and other Republicans remain confident.

“It’s over, as always. (I feel like a broken record),” wrote McCormick political strategist Mark Harris on X.

Kerns said there aren’t enough remaining ballots to change the outcome of the race.

“Casey has no path to victory.”

We should know by Thanksgiving who the next U.S. Senator from Pennsylvania will be, incumbent Sen. Bob Casey (D-Pa.) or Republican Dave McCormick. Many thought was almost over—and AP called it for McCormick who is down in D.C. at new senator orientation—when Pennsylvania Secretary of State Al Schmidt announced a recount on Wednesday.

In a press release, Schmidt said the recount was triggered because under state law, there is aone-half of 1 precent margin between the two.

As of today, the unofficial returns from all 67 counties showed Robert P. Casey Jr. – 3,350,972 (48.50 percent) and David H. McCormick – 3,380,310 (48.93 percent).

Once counties finish counting their ballots, they must begin the recount no later than Wednesday, Nov. 20. They must complete the recount by noon on Nov. 26 and must report results to the Secretary by noon on Nov. 27. Results of the recount will not be published until Nov. 27.

The Department estimates that the recount cost will exceed $1 million of taxpayer funds.

Casey, who has served in the Senate for 18 years is seeking a fourth term.  McCormick, a West Point graduate who served in combat in Iraq and then became a successful businessman, ran for the Senate before but narrowly lost to Dr. Mehmet Oz in the Republican primary in 2022. That race also triggered a recount.

This is the eight recount triggered by the 2004 law.

As of Wednesday afternoon, As of this afternoon, county election officials reported there are 60,366 uncounted provisional ballots and 20,155 uncounted mail-in and absentee ballots. That 80,521 total includes all ballots for which county boards of elections have not yet made a final resolution regarding their validity or eligibility to be counted, the Department of State said in a news release.

RNC election lawyer Linda Kerns noted that all counties must recount all their ballots, which involves rescanning them.

McCormick spokeswoman Elizabeth Gregory said, “”Senator-Elect McCormick’s lead is insurmountable, which the AP made clear in calling the race. A recount will be a waste of time and taxpayer money, but it is Senator Casey’s prerogative. Senator-Elect McCormick knows what it’s like to lose an election and is sure Senator Casey will eventually reach the right conclusion.”

Casey’s campaign did not immediately respond to a request for comment.

Although the AP called the U.S. Senate race for Republican Dave McCormick last week, three-term incumbent Sen. Bob Casey Jr. (D) still refuses to concede.

Instead, he’s got controversial Democratic attorney Marc Elias in Pennsylvania trying to swing the race back his way. That effort is getting support from some Delaware Valley Democrats.

The Montgomery County Democratic Party sent an email Sunday urging local party members to participate in the ballot curing effort.

“There is more to do — we have more doors to hit in MontCo, DelCo… and can support in Berks and Philly, too. Given that literally every vote is needed, the PA Coordinated Campaign is launching a ballot cure canvass out of the Wayne office,” they wrote.

Temple University political science Professor Robin Kolodny said ‘‘curing’ means fixing a mail ballot that has minor mistakes such as signature issues. Some of the typical problems are having an incomplete date, signatures that don’t match the one on file, and depending on the county, whether it’s “naked” or not in the inside envelope provided, she said.

U.S. Sen. John Fetterman (D-Pa.) and the Casey campaign have also been sending fundraising emails supporting the ballot hunt.

Meanwhile, McCormick is in Washington, D.C. for Senate orientation week — despite not getting an invitation from outgoing Senate Majority Leader Chuck Schumer (D-N.Y.) Many Republicans are outraged by the snub, and they urged McCormick to attend, anyway. Sen. Mike Lee (R-Utah) has offered to escort McCormick into the Senate orientation.

However, on Tuesday morning Schumer’s assistant said Schumer has reversed course and was invited to attend the orientation after all.

“Dave McCormick is going to come to the orientation,” Sen. Joni Ernst (R-Iowa) said in a Fox Business interview Monday. “I would say, ‘Look, Leader Schumer, it’s not like Dave McCormick is being sworn in this week. He is attending an orientation. So, allow him to participate. Be gracious, you lost, please get over it.’”

McCormick’s spokesperson, Nate Sizemore, told DVJournal that McCormick will be there, a message confirmed by the senator-elect on social media: “Looking forward to joining the Senate freshman class of 2025 for orientation this week! I’m honored to represent the people of Pennsylvania, and will fight hard to make sure their voices are heard in Washington. Let’s get to work!”

In Pennsylvania, the GOP has its own lawyers keeping an eye on the vote count.

“The Republican National Committee (RNC) has lawyers across the Commonwealth participating in the canvassing of the ballots, making sure every legally cast and valid vote is counted. As we have done throughout this election, we are protecting the vote.  Hopefully, Sen. Casey will concede graciously and not prolong this election,” said Linda Kerns, an RNC election lawyer.

McCormick campaign Manager Matt Gruda reposted Philadelphia election Commissioner Seth Bluestein, “In my experience, provisional ballot results don’t differ significantly from the overall voting trends in a particular race. If there are 100,000 ballots to count in a close contest, the overall vote differential is unlikely to change by more than a few thousand.”

McCormick was 40,040 votes ahead or o.58 percent, as of this writing.

And McCormick campaign advisor Mark D. Harris posted a statement reiterating that the race is over.

“Democratic counties are likely to report first in the provisionals and Senator-elect McCormick’s large 40,000 margin will shrink a bit, likely ending up in a recount that won’t change a thing. We knew this would happen and it will exhaust the remaining good ballots for Casey.

“A recount would be a waste of time and taxpayer money, but it’s Senator Casey’s prerogative. Our lead of tens of thousands will be too big for any recount to make a difference,” Harris added.