Democratic commissioners in Bucks County, Pennsylvania, voted Thursday to allow undated and misdated ballots to be counted despite a recent Pennsylvania Supreme Court ruling prohibiting the practice.

The decision comes as Democratic Sen. Bob Casey prepares for a recount in the Senate race he lost to Republican Senator-elect Dave McCormick.

Bob Casey (left) and Dave McCormick (right) candidates for U.S. Senate in Pennsylvania

Bucks County Commissioners Diane Ellis-Marseglia and Robert Harvie approved the controversial measure in the swing county, a move that could influence the recount process.

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McCormick currently leads Casey by approximately 25,000 votes, according to the Associated Press.

The Pennsylvania Supreme Court ruled on November 1 that undated or incorrectly dated ballots cannot be counted under state law.

Despite this, Ellis-Marseglia defended the decision, suggesting that violating the law might bring attention to broader legal issues. “Precedent by a court doesn’t matter anymore in this country,” Ellis-Marseglia said during the meeting.

“People violate laws anytime they want. For me, if I violate this law, it’s because I want a court to pay attention to it.”

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The meeting sparked debate, with several attendees citing case law to argue against the move.

Bucks County is not alone in defying the state court ruling; Centre County, Philadelphia County, and Montgomery County have also allowed undated or misdated ballots to be counted, according to The Philadelphia Inquirer.

Republican officials in Bucks County are challenging the decision.

In a post on X, the Bucks County GOP stated it is working with attorneys from the Pennsylvania Republican Party and the Republican National Committee to address the situation.

On Thursday, McCormick and his Republican allies filed lawsuits against the Bucks County decision.

Adding to the controversy is the involvement of Democratic election lawyer Marc Elias, known for his role in crafting the Steele Dossier.

Elias has a history of pushing for the validation of problematic ballots in favor of Democratic candidates.

His legal efforts previously helped former Democratic Sen. Al Franken win a contested election in Minnesota in 2008.

Elias’s involvement underscores the high stakes of the Pennsylvania Senate race, where a McCormick victory would solidify Republican gains in the Senate following the GOP’s strong performance in the 2024 elections.

The Bucks County vote has drawn criticism from Republican leaders, who argue that the commissioners are undermining election integrity by allowing ballots that do not comply with state law.

The issue has heightened tensions as Pennsylvania continues to grapple with legal battles over election procedures.

The case is expected to escalate, with potential implications for how election laws are enforced in Pennsylvania and beyond.

As the recount proceeds, both sides are preparing for what could become a pivotal legal battle over the outcome of one of the nation’s most closely watched Senate races.

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