Gov. Josh Shapiro (D-PA) sided with the Pennsylvania Supreme Court in its ruling that faulty mail-in ballots can’t be counted.
Four Pennsylvania counties openly disregarded a ruling from the highest state court that ballots without signatures or dates cannot be counted, opening up a legal battle with Republican National Committee lawyers. Shapiro came out on the side of the RNC and state Supreme Court, arguing that disregarding the ruling would damage faith in the electoral process.
“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 Pennsylvania. … It is critical for counties in both parties to respect it with both their rhetoric and their actions,” he said.
Shapiro is a rare case in which a Democrat has taken the side of the Pennsylvania Supreme Court and RNC in the dispute. Sen. John Fetterman (D-PA) was dismissive of concerns about the ballots, telling CNN’s Jake Tapper that the matter wasn’t important due to the small number of votes. He criticized outlets that called the race for McCormick two days after the election.
The RNC had criticized Shapiro for not speaking up in defense of the court’s decision.
The Pennsylvania Supreme Court ruled in favor of the RNC regarding the faulty ballots for a second time on Monday.
Bucks County Commissioner Diane Ellis-Marseglia, who voted to count the deficient ballots in violation of court order, admitted to breaking the law but said she was justified.
“I think we all know that precedent by a court doesn’t matter anymore in this country,” she said. “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. There’s nothing more important than counting votes.”
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While Trump handily won Pennsylvania, the Senate race between McCormick and incumbent Sen. Bob Casey (D-PA) is one of the closest in the country. As of Monday, Casey trails McCormick by 17,439 votes out of some 3.9 million cast, including faulty ballots. Casey pressed for a recount of all ballots, which began on Monday.
The Associated Press called the race for McCormick two days after the election, though Casey has refused to concede.