Bucks County Dems’ Flagrant Lawbreaking Inspires Recall Legislation
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.
