PA Senate Republicans Refuse To Seat Democratic Incumbent

HARRISBURG, PA — A Republican majority in the state Senate on Tuesday blocked Democratic incumbent Jim Brewster from being sworn in because his narrow victory in the November election is being disputed by his GOP challenger.

The Allegheny County senator's victory over Republican Nicole Ziccarelli has been certified by the state, but she has filed a federal court challenge contesting 311 mail-in ballots that arrived on time but were missing dates on envelopes. The lawsuit contends that Ziccarelli would win the election by 24 votes if those allegedly unlawful ballots are discarded.

The Pennsylvania Supreme Court has ruled the votes are valid.

The raucous session included shouting on the floor of the Legislature as lawmakers clashed over the appropriateness of the GOP actions.

Gov. Tom Wolf, a Democrat, immediately blasted the move, accusing Republicans in Pennsylvania and nationally of spreading disinformation to subvert the democratic process.

"This is a shameful power grab," Wolf said in a prepared statement. "It is simply unethical and undemocratic to leave the district without a voice simply because the Republicans don't like the outcome of the election. Voters, not Harrisburg politicians, decided this election and Sen. Brewster is the rightful winner.

“All ballots were counted and certified, and the results are accurate. Sen. Brewster received the most votes in this race and should be sworn in as the Senator for the 45th District. There is no precedent, and no legal rationale, for failing to do so. I will do everything in my power to ensure that voters have the final say in elections.”

Republican senators also removed Lt. Gov. John Fetterman, another Allegheny County Democrat, as the Senate's presiding officer after he insisted that Brewster be sworn in for a fourth term.

Republicans have a 28-22 majority in the Senate, so Tuesday's move does not impact the balance of power.