Before the Nov. 5 election, Pennsylvania’s Supreme Court ruled that provisional ballots must be signed in two required places and that mail-in votes must be dated. Yet elected Democratic officials in Philadelphia and three other counties — Bucks, Centre and Montgomery — voted this week to defy these and other court decisions at the request of lawyers for Democratic Sen. Bob Casey, who trails GOP challenger Dave McCormick by about 24,000 votes, with almost all of the roughly 7 million ballots cast having been counted. These Democrats’ decisions will almost certainly be overturned on appeal, but the mere attempt to defy judicial rulings is corrosive to democracy and invites similar behavior in future elections.
Bucks County Commissioner Diane Ellis-Marseglia, a Democrat, offered this breathtaking rationalization on Thursday: “I think we all know that precedent by a court doesn’t matter anymore in this country,” she said, according to the Philadelphia Inquirer. “People violate laws anytime 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.”
Democrats would surely protest if a Republican commissioner made the same statement to justify tipping the scales for their party’s Senate nominee — and they would be right. Elections need rules, established in advance of the voting, and those rules must be applied equally and consistently. Pennsylvania’s Supreme Court, by the way, includes five justices elected in partisan elections as Democrats and just two elected as Republicans. Even if that partisan balance were reversed, however, the court’s authority would be equally legitimate….
Elsewhere, two Republican Senate candidates are also refusing to concede their apparent defeats: Eric Hovde in Wisconsin and Kari Lake in Arizona. Democrats in both states are attacking them as sore losers. Fortunately, Mr. Casey, Mr. Hovde and Ms. Lake, are exceptions among losing candidates this year. The vast majority, including downballot Republicans in tight races, have accepted defeat, though the story might well be different had Donald Trump lost and cried fraud.
The recount starts today because the margin is within the statutory limit for a count. McCormick currently leads by more than 17,000 votes.