Judge keeps Harvie supporter on Bucks County Election Board despite Fitzpatrick lawsuit

Chester County Common Pleas Judge Jeffrey R. Sommer ruled on Monday that Diane Ellis-Marseglia, a Bucks County commissioner, will remain on the county Election Board.

The ruling came the day before the general election and denied the request by Republican U.S. Rep. Brian Fitzpatrick to disqualify the Democratic commissioner.

Fitzpatrick filed the suit the previous week, arguing that Ellis-Marseglia displayed animus toward his candidacy and a disdain for election law.

The lawsuit focused on the commissioner’s public support for Bob Harvie, the Democrat challenging Fitzpatrick in the 1st Congressional District race.

An Inquirer, New York Times, and Siena University poll released last week showed Harvie leading Fitzpatrick by two percentage points.

Sommer wrote in a one-page order that the petitioner asked the court to make a major change to election governance based on supposition and opinion.

The judge stated that without statutory authority, the court declined to remove the commissioner.

Pennsylvania election law allows for the removal of officials only if they are unqualified for the position, appear on the ballot, or face impeachment.

The law does not address ethical breaches or conflicts of interest, which was the basis of Fitzpatrick’s claim.

During a two-hour hearing, Fitzpatrick’s attorney, Geoffrey R. Johnson, presented evidence of what he called a conflict of interest.

Johnson played a video from an October rally where Ellis-Marseglia led a crowd in a chant supporting Harvie.

He also showed security footage of the commissioner removing copies of the Bucks County Herald that featured a Fitzpatrick advertisement from a building lobby in October 2024, he said, was when Ellis-Marseglia said court precedent did not matter anymore in this country. Ellis-Marseglia later apologized for the comment. Johnson said that someone who made such a statement should not judge election issues and argued that she should not sit on the board of elections. Johnson noted that the judge agreed Ellis-Marseglia’s behavior was a bad look, but could not rule in Fitzpatrick’s favor because the law did not provide a mechanism for removal. Bucks County Solicitor Dan Grieser represented Ellis-Marseglia. Grieser told the judge that the commissioner had a First Amendment right to support a political candidate and express her opinion, just like any other citizen. He noted that Ellis-Marseglia had certified election victories for Republicans, including all of Fitzpatrick’s wins, throughout her tenure on the board. Grieser stated that if Fitzpatrick believed her conduct was severe enough to warrant removal, he could ask lawmakers in Harrisburg to impeach her. He added that she is not required to recuse herself because she is not on the ballot. Grieser said the attempt to preemptively disqualify the commissioner was inappropriate. He advised that if Ellis-Marseglia votes in a way Fitzpatrick finds inappropriate after the election, the representative should appeal that specific decision at that time. Grieser said they are not there yet. Roughly a dozen people attended the hearing to show support for the commissioner. Agnes Morrison, 73, said she feared Fitzpatrick brought the suit to delegitimize the election in case he loses. She called it a very Trumpian tactic. Harvie’s campaign said the lawsuit was a page out of Donald Trump’s playbook, trying to create doubt in the election process because Fitzpatrick is afraid he is going to lose. A spokesperson for the county declined to further comment. The three-person board oversees elections in the county, including certifying results. Judge Jordan Yeager chairs the board, and Republican Commissioner Gene DiGirolamo is also a member.