Harrisburg, PA – Pennsylvania Senate Majority Leader, Senator Kim Ward (39th) released the following statement today on the status of the unseated 45th Senatorial District:
“On January 5th, the Pennsylvania Senate voted not to seat any individual for the 45th Senatorial District after receiving a Contest Petition from Republican candidate Nicole Ziccarelli, and a Response from Democrat candidate James Brewster. This action provides for a reasonable examination of documents from both sides.
We are at this point because Allegheny County counted ballots with an incomplete declaration on the outside envelope. Pennsylvania state election law, a bipartisan piece of legislation that was signed by the Governor, prohibits these ballots from being counted. In addition, the Pennsylvania Secretary of the Commonwealth provided clear direction not to count these ballots.
At first, Allegheny County set them aside as instructed by the Secretary. At some point, with James Brewster trailing in the race, the Allegheny County Board of Elections decided to open and count the ballots that were set aside which was contradictory to the previous directive of the Secretary.
The matter was made worse by a split decision of the Pennsylvania Supreme Court in which the deciding opinion by Justice Wecht of Allegheny County stated that the ballots were in fact illegal, and moving forward ballots such as these wouldn’t count, but he would allow them to be counted for this election only. If the law states that an action is illegal, it makes little sense that the Court would ignore that fact and decide not to apply the law just this one time.
Pennsylvania voters have an expectation that their elections will be fair and consistent. The actions by Allegheny County, coupled with Justice Wecht’s decision to count the ballots for this election only, casts doubt on the existence of a fair and consistent election. Both actions by these entities were neither fair nor consistent to the candidates and voters.
In light of these circumstances, the PA Senate will be considerate to both of the 45th Senatorial candidates in resolving this issue, which fits within the boundaries of the Senate’s institutional authority.
I intend to work with President Pro Tempore Jake Corman and Minority Leader Costa to address this situation as swiftly and fairly as possible.”
25 P.S. § 3146.6 Voting by absentee electors.
- Except as provided in paragraphs (2) and (3), at any time after receiving an official absentee ballot, but on or before eight o’clock P.M. the day of the primary or election, the elector shall, in secret, proceed to mark the ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink, in fountain pen or ball point pen, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed, stamped or endorsed “Official Election Ballot.” This envelope shall then be placed in the second one, on which is printed the form of declaration of the elector, and the address of the elector’s county board of election and the local election district of the elector. The elector shall then fill out, date and sign the declaration printed on such envelope. Such envelope shall then be securely sealed and the elector shall send same by mail, postage prepaid, except where franked, or deliver it in person to said county board of election.
25 P.S. § 3150.16 Voting by mail-in electors.
- General rule. At any time after receiving an official mail-in ballot, but on or before eight o’clock P.M. the day of the primary or election, the mail-in elector shall, in secret, proceed to mark the ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink, in fountain pen or ball point pen, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed, stamped or endorsed “Official Election Ballot.” This envelope shall then be placed in the second one, on which is printed the form of declaration of the elector, and the address of the elector’s county board of election and the local election district of the elector. The elector shall then fill out, date and sign the declaration printed on such envelope. Such envelope shall then be securely sealed and the elector shall send same by mail, postage prepaid, except where franked, or deliver it in person to said county board of election.
September 28, 2020 Pennsylvania Department of State Guidance Concerning Civilian Absentee and Mail-in Ballot Procedures: