Judge keeps Bucks election commissioner on board one day before vote

A Chester County judge ruled Monday that a Bucks County commissioner must remain on the local election board one day before the general election. The decision denied a lawsuit filed by Republican U.S. Rep. Brian Fitzpatrick that sought to remove Democratic Commissioner Diane Ellis-Marseglia.

Jeffrey R. Sommer, a Common Pleas judge presiding over the case, issued a one-page order rejecting the disqualification. He stated that the court lacked the statutory authority to alter the election governance process based on opinion. Sommer noted that Pennsylvania law only permits removal if an official is unqualified, on the ballot, or impeached.

Fitzpatrick filed the suit last week, alleging that Ellis-Marseglia expressed animus toward his candidacy. The complaint claimed she showed disdain for election law due to her close relationship with her opponent, Democrat Bob Harvie. Harvie is challenging Fitzpatrick in the 1st Congressional District race, a contest that could determine party control of the U.S. House.

An Inquirer, New York Times, and Siena University poll released last week showed Harvie leading the incumbent by two percentage points. The three-person board oversees county elections, including certifying results. Judge Jordan Yeager chairs the board, while Republican Commissioner Gene DiGirolamo serves as the other member.

During the two-hour hearing at the Bucks County courthouse, Fitzpatrick's attorney, Geoffrey R. Johnson, argued that the appearance of a conflict of interest was disqualifying. Johnson presented a video of Ellis-Marseglia leading a crowd in a fire Fitz in 26 chant at an October rally for Harvie. He also showed security footage of the commissioner removing copies of the Bucks County Herald featuring a Fitzpatrick ad.

The legal team also played a 2024 clip from an election board meeting where Ellis-Marseglia stated that precedent by a court does not matter anymore. She apologized for the comment after bipartisan backlash. Johnson asked the judge if she should judge election issues given that statement.

Bucks County Solicitor Dan Grieser represented Ellis-Marseglia. He told the judge that she has a First Amendment right to support a political candidate and express her opinion. Grieser noted that she has certified election victories for Republicans, including all of Fitzpatrick's wins, throughout her tenure. He argued that if her conduct was severe enough, lawmakers in Harrisburg could impeach her.

Grieser said Fitzpatrick should appeal specific decisions after the election rather than seeking preemptive disqualification. He added that Ellis-Marseglia is not required to recuse herself as long as she is not on the ballot. A county spokesperson declined to comment further on the ruling.

Fitzpatrick's camp expressed disappointment in a statement but noted the judge left the door open to address bias issues later. Harvie's campaign called the lawsuit a page out of Donald Trump's playbook designed to create doubt in the election process. Roughly a dozen people with heart stickers attended the hearing to support the commissioner.

Agnes Morrison, 73, attended the hearing and said she feared the suit was an attempt to delegitimize the election. She described the tactic as very Trumpian. The board will now proceed with certifying the election results as scheduled.