# Pennsylvania G.O.P. refuses to seat Democratic lawmaker in State Legislature **URL:** \ **Category:** Politics & Elections\ **Created:** [January 5, 2021, 10:16pm UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748 "2021-01-05T22:16:51Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![DeadTreasSecretaries](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deadtreassecretaries/32/4817_2.png) [@DeadTreasSecretaries](https://boards.straightdope.com/u/DeadTreasSecretaries)\ **Post date:** [January 5, 2021, 10:16pm UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/1 "2021-01-05T22:16:51Z")
> **[Pennsylvania G.O.P. refuses to seat Democratic lawmaker in State Legislature....](https://www.nytimes.com/2021/01/05/us/politics/pennsylvania-gop-refuses-to-seat-democratic-lawmaker-in-state-legislature.html)** Following an election that has already been certified but is facing a legal challenge, Pennsylvania GOP is refusing to seat Senator Jim Brewster. In the process, they also escorted Lt. Gov. John Fetterman out of the Senate and replaced him as Senate President. In case anyone still thought creeping GOP authoritarianism was solely a Trump problem. ---
**Author:** ![DeadTreasSecretaries](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deadtreassecretaries/32/4817_2.png) [@DeadTreasSecretaries](https://boards.straightdope.com/u/DeadTreasSecretaries)\ **Post date:** [January 5, 2021, 10:26pm UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/2 "2021-01-05T22:26:15Z")
[More details on the lawsuit:](https://www.nbcphiladelphia.com/news/politics/republican-block-democrat-jim-brewster-ballot-fight/2654982) > [@](#): > > In late November, Ziccarelli sued in federal court in Pittsburgh to overturn the election result. Briefs are due later this week. > > In the lawsuit, Ziccarelli is asking the judge to effectively throw out 311 mail-in ballots counted in Allegheny County that lacked a handwritten date on the outer ballot envelope. Ziccarelli’s complaint in the Senate makes the same argument, saying that counting those “unlawful” ballots provided the margin to give Brewster a victory. Without them, Ziccarelli would win by 24 votes, it said. > > The state Supreme Court, in a 4-3 decision, ruled in November that it would not apply a handwritten date requirement in the just-passed election, and said the lack of a handwritten date is not a compelling enough reason to throw out the ballot of an eligible voter. In doing so, it dismissed Ziccarelli’s arguments. > > State law says the voter shall “fill out, date and sign” a declaration on the outside envelope, although it does not say that leaving off a date automatically disqualifies the ballot. > > The state Senate district also includes part of Westmoreland County, which decided against counting 343 mail-in ballots that lacked a handwritten date on the outer envelope. > > Ziccarelli’s lawsuit says the different treatment of voters in different counties violates their constitutional rights. ---
**Author:** ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)\ **Post date:** [January 5, 2021, 10:37pm UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/3 "2021-01-05T22:37:36Z")
> [@DeadTreasSecretaries](#): > > The state Senate district also includes part of Westmoreland County, which decided against counting 343 mail-in ballots that lacked a handwritten date on the outer envelope. > > Ziccarelli’s lawsuit says the different treatment of voters in different counties violates their constitutional rights. Interesting how the response to “another county threw out votes” is never “that other county should count those votes.” ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [January 6, 2021, 12:52am UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/4 "2021-01-06T00:52:35Z")
It’s the Trump party now. Facts don’t matter, democracy doesn’t matter, votes don’t matter… Only power matters. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [January 6, 2021, 7:05am UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/5 "2021-01-06T07:05:43Z")
Thing is, where they discarded the votes because no date on the envelope, they probably didn’t even open the envelopes, so no telling who those voters voted for. If the court says they should be counted, they still can be. OTOH, where they counted the votes where the envelopes had no dates, they’ve already opened the envelopes and separated the ballots from the envelopes. So if the court says they shouldn’t have been counted, there is no way to un-count them. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 6, 2021, 7:32am UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/6 "2021-01-06T07:32:21Z")
Has the Republican Party (im)Proper said anything about this, or has all honor and integrity been stripped from them? ---
**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\ **Post date:** [January 6, 2021, 7:38am UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/7 "2021-01-06T07:38:56Z")
… Is this a trick question? ---
**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\ **Post date:** [January 6, 2021, 7:53am UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/8 "2021-01-06T07:53:01Z")
Did only Brewster voters forget to date their envelopes, or are the undated envelopes who voted for the republican fine to count? ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [January 6, 2021, 8:09am UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/9 "2021-01-06T08:09:12Z")
of course: IOKIARDI ---
**Author:** ![JKellyMap](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jkellymap/32/15880_2.png) [@JKellyMap](https://boards.straightdope.com/u/JKellyMap)\ **Post date:** [January 6, 2021, 3:22pm UTC](https://boards.straightdope.com/t/pennsylvania-g-o-p-refuses-to-seat-democratic-lawmaker-in-state-legislature/929748/10 "2021-01-06T15:22:36Z")
> [@Czarcasm](#): > > Republican Party…honor and integrity Good post/username combo! (One of probably hundreds, by chance, in your many years Doping.)