Republican leaders say they will delay the swearing in of incumbent Jim Brewster (D-Allegheny) to the 45th senatorial district on Tuesday because of a challenge made by his opponent Nicole Ziccarelli.
The 45th senatorial district includes parts of Allegheny and Westmoreland counties.
Ziccarelli submitted a 500 page contest to the Senate on Friday, challenging the results of the race and asking that the Senate determine a winner, citing an article of the state constitution that would allow them to do so.
Ziccarelli also has a lawsuit filed in federal court challenging more than 2,000 un-dated mail-in ballots in Allegheny County, including 311 in the 45th district.
Secretary of State Kathy Boockvar did release guidance in September saying “a ballot-return envelope with a declaration that is not filled out, dated, and signed is not sufficient and must be set aside, declared void and may not be counted.” However, the Pa Supreme Court ruled in November, that an un-dated ballot may be counted.
The Westmoreland County Board of Elections, and 61 other counties in Pennsylvania, followed Secretary Boockvar’s guidance.
Brewster received 66,261 votes and Ziccarelli received 66,192 votes. If the undated ballots are not counted, Ziccarelli will win by 24 votes.
Senate Democrats say, they are disappointed this is the position republican caucuses have taken. Senate Minority Leader Jay Costa says, this issue has been litigated in the court system where Ziccarelli ultimately lost. He believes this latest contest is an illegal and unlawful attempt to prevent Sen. Brewster from being sworn in.
"We believe, and I think, the courts have already said, and the general public has spoke with respect to their votes being counted, that Sen. Brewster won this election," said Sen. Costa. "He won it rightfully, he won it lawfully, and now we need to proceed with administering the oath of office to Sen. Jim Brewster as we go forward."
Brewster's lawyer Clifford Levine said the Pennsylvania Supreme Court ruled the Allegheny County Board of Elections should count the votes and that "there is no fraud, no illegality, the supreme court ruled those votes should count.."
Interim Senate President Pro Tempore Jake Corman (R-Centre) said in a press release "Ziccarelli’s position is that Pennsylvania election law is entirely clear that voters must sign and date their mail-in ballot to be counted.. She argues that a bipartisan coalition of legislators and Governor Wolf agreed on this important integrity and anti-fraud provision, and that his Secretary of State Kathy Boockvar provided clear and consistent instructions to county election boards.”