Pennsylvania Gov. Josh Shapiro is siding with the state’s high court after the justices ruled that defective mail-in ballots cannot be counted during a disputed recount, giving Republican officials a victory.
In a 4-3 decision Monday, the state Supreme Court affirmed its previous ruling that counties cannot count wrongly dated or undated ballots. The ruling cited the Bucks County, Montgomery County, and Philadelphia County Boards of Elections, which it said will “comply with prior decisions of this court that we have made clear” in the mail-in and their Nov. 1 for absentee ballots. Ruler
“Any suggestion that our laws can be ignored or don’t matter is irresponsible and undermines faith in our election process,” said Shapiro, a Democrat. “The rule of law matters in Pennsylvania. … It’s important for counties of both parties to honor that with both their rhetoric and their actions.”
As governor, Shapiro said he will “continue to work to protect our democracy and the votes of all eligible Pennsylvanians.”
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Pennsylvania Governor Josh Shapiro speaks before Democratic presidential nominee Vice President Kamala Harris. On Monday, Shapiro sided with the Pennsylvania Supreme Court on its decision regarding the counting of faulty mail-in ballots. (AP Photo/Joe Lamberti)
The High Court initially ruled on November 1 that mail-in ballots without the required signatures or dates should not be counted. However, Democratic-led election boards – including Philadelphia, Bucks County, Montgomery County, and Center County – opposed the decision and voted to include such ballots in the recount.
“People break laws whenever they want,” Bucks County Democrat Commissioner Diane Ellis Marsiglia said last week, according to the Philadelphia Inquirer. “So, for me, if I violate this law it’s because I want the court to pay attention to it. There’s nothing more important than counting votes.”
Monday’s decision comes amid several lawsuits filed by Republican Party officials amid an aggressive Senate recount effort following GOP candidate David McCormick’s narrow victory over three-term Democrat Sen. Bob Casey.
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In a 4-3 decision Monday, the Pennsylvania Supreme Court affirmed its previous ruling that counties cannot count ballots with incorrect or undated dates. (AP Photo/Matt Rourke)
McCormick defeated Casey in the state by about 17,000 votes, or a margin of error of 0.5%. The narrow victory allowed Casey to qualify for an automatic recount under Pennsylvania law.
The Republican National Committee criticized Shapiro for not speaking out sooner in defense of the court’s actions.
“Glad to see. Once the Democrats conclude that even ignoring the Pennsylvania Supreme Court won’t produce enough ballots to win…,” RNC Chair Michael Whatley wrote on X . “Governor Shapiro suddenly finds out he’s standing with the government. The law is better than never.”
Democrat Senator Bob Casey and Republican Dave McCormick, who defeated Casey by nearly 17,000 votes in the Senate race. (Getty Images)
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Chris LaCevita, a Trump campaign official, said Pennsylvania election officials could face jail time for miscounting ballots by mail.
“He’ll go to jail,” he wrote on X on Sunday evening. “Trust him.”
Fox News Digital’s Brian Deppish contributed to this report.
