BREAKING: Federal judge UPHOLDS the counting of the few hundred challenged ballots in Pa's 45th senatorial district race, validating Democrat Jim Brewster's victory and handing the GOP another loss in the courts.
From ruling: "Contrary to Ms. Ziccarelli’s reading, the Court finds that the
Supreme Court expressly held that the undated ballots at issue remain valid ballots that are properly counted under state law."
More: "Thus, because Ms. Ziccarelli’s federal constitutional claims all depend on the invalidity of the ballots under state law, those claims necessarily fail on the merits."
More: "That is, even if applying disparate counting standards in Allegheny and Westmoreland Counties creates an equal-protection concern, the validity of the challenged ballots forecloses any argument...that the Court could throw out Allegheny County’s ballots as a remedy."
Now, must point out: Senate GOP has specifically said that they'd seat whoever is successful in federal court "as long as the findings from the court are to the merit of the challenge.." and not to matters of federal court jurisdiction.
That's where this could get complicated. From a political perspective alone, would anyone be surprised if Senate GOP leadership tried to claim that the ruling's reliance on Rooker-Feldman falls within that 'jurisdiction' matter they intentionally specified?
Nicole Ziccarelli, in a statement now: "For the best interests of all residents of the 45th, I will not further appeal this decision and will withdraw my contest filed with the Senate."
Sen. Jim Brewster has been officially sworn-in.
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Rep. Conor Lamb: "A woman died out there tonight, and you're making these objections. Let's be clear about what happened in this chamber today: invaders came in for the first time since the War of 1812."
Lamb: "We know that that attack today, it didn't materialize out of nowhere. It was inspired by lies, the same lies you're hearing in this room tonight, and the members who are repeating those lies should be ashamed of themselves. Their constituents should be ashamed of them."
"The truth hurts," Lamb yells at the GOP side as Republicans vocally object to his remarks.
"There will be order in the House," Pelosi says as GOP members yell.
"The fact is this," Lamb continues, "We want this government to work more than they want it to fail."
Fetterman has been removed by a vote. But there's a lot of confusion and shouting. "The chair will not cede the rostrum," Fetterman shouts over Corman.
"Senate is at ease!" Fetterman yells, as Corman moves the process along to the reading of election results.
Two separate Senates operating at this point.
(By the way, Fetterman was removed as presiding officer in that vote. Not as lieutenant governor. Got some Q's on that.)
The leader of the Pennsylvania Senate Republicans, who are trying to block the Democratic winner of the 45th district from being sworn-in, says the oath of office can't be administered until the senator removes himself from the rostrum.
Here's how the count has changed in Pennsylvania since shortly before 9 a.m., when Biden took the lead:
PA has uploaded 25,476 results. 23K were mail-in ballots.
Biden won the mail-ins by almost exactly a 2:1 ratio, and his lead has climbed from 5,510 to 13,471.
By my estimate, there are *at least* 95,652 mail-in ballots left to tally. Like we've said all day (and which was just confirmed w/ batch from Westmoreland County), Biden is only expected to grow lead w/ these. Even in Republican strongholds.
Now, as I explain in this story, there's still a large pool of ballots left to review (only to be counted if deemed eligible). By York Daily Record's #, it's clear there are at least 92,500 provisional ballots.
Allegheny County, Pa. is addressing the 35,413 mail-in ballots that are pending (for lack of a better word).
29K "have been ordered by federal court to not be handled or processed until 5 p.m. on Friday," county exec Rich Fitzgerald says.
Another 6,800 w/ other issues (damaged in mail, missing date, etc) will be looked at Friday at 9 a.m. after county swears in a Return Board.
The county will also have to tally ballots that were postmarked on or before Election Day and received by 5 p.m. tomorrow. Total number uncertain, of course.
Tracking the amount of ballots scanned in Allegheny County (Pittsburgh region) of the 330,000+ they have to process today:
11 AM: Over 9,000.
1 PM: 25,538
3 PM: 43,894
4:45 PM: 59,799
A little math: Between 1 PM and 4:45 PM, Allegheny County's warehouse workers scanned about 152 ballots per minute.
We'll know more at the next count update -- but rough estimates (at this ballot/minute count) would put the county in a place where they could be ready to upload close to 100,000 votes when the polls close.