Pittsburgh, Pa. — January 12, 2021 — Today, U.S. District Judge J. Nicholas Ranjan issued a ruling in favor of seating the rightful winner of the 45th senatorial district – Senator Jim Brewster, and upholding the counting of ballots as certified by the Department of State.
“I want to thank Judge Ranjan for his thoughtful and well-reasoned decision on the merits of this case,” said Senate Democratic Leader Jay Costa. “My colleague Senator Brewster won more votes, affirmed that victory in state courts, and had it confirmed by the Pennsylvania Department of State. He’s been declared the winner more times and in more ways than should be necessary, but I believe that the matter is now unequivocally settled. I look forward to Senator Brewster’s swearing in ceremony and watching him take the oath of office I know he will faithfully abide every day of his service.”
Judge Ranjan’s ruling states, “The Court’s fundamental disagreement is with Ms. Ziccarelli’s interpretation of the Pennsylvania Supreme Court’s decision. 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.”
Similarly, Ms. Ziccarelli claims that her substantive due process rights have been violated because the “rules have changed,” i.e., the “rule” before the election was to not count undated ballots, but Defendants changed the rules by counting and certifying those ballots. Not so.”
Given these distinctions, the Court does not find that the facts of Ms. Ziccarelli’s case present anything resembling the sort of conscience-shocking behavior that is required to show a due-process violation.”
In sum, the correct interpretation of the Pennsylvania Supreme Court’s decision on Ms. Ziccarelli’s state-court appeal is that the challenged ballots are valid and may properly be counted. This causes Ms. Ziccarelli’s federal claims to fail on the merits.”
This is in line with the decision by Allegheny County’s Election Board to certify the results of this race, and the decision from the Pennsylvania Supreme Court which upheld the counting of ballots – and ultimately, the decision of the Department of State to certify the results.
“Today we can celebrate Jim Brewster’s win, but the real winner is democracy,” said Senator Costa. “Our judicial system at both the state and federal level upheld the decision of our voters, just as it was intended to. Congratulations to Senator Brewster on concluding this arduous campaign, congratulations to the voters who made their voices heard, and to all of the voters who will participate in elections to come – knowing that their vote will matter.”
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Download copy of the opinion.
Pittsburgh, Pa. − January 8, 2021 − Earlier today, Senate President Pro Tempore Jake Corman released a statement indicating that he intends to overturn the decision of voters in the 45th senatorial district and to defy a federal judge’s order.
“I am deeply disturbed by Senator Corman’s comments today with regard to the rule of law. His statements continue to challenge our democratic processes,” said Senate Democratic Leader Jay Costa. “Senator Jim Brewster won his election. That election was certified by Department of State Secretary Kathy Boockvar. That win was affirmed in a court of law, twice.”
“These comments are particularly disturbing in that they demonstrate a pattern of undemocratic behavior from Senator Corman and members of the Senate Republican Caucus,” Senator Costa continued. “Three times this week, that caucus has locked arms with Donald Trump in its efforts to disenfranchise voters and threaten democracy. Maya Angelou tells us, when someone shows you who they are – believe them the first time. I hope that voters across Pennsylvania have seen and believe them after this week.”
On Monday, Senate Republicans led by Senator Corman requested that Pennsylvania’s presidential votes be discarded in the Electoral College count – a move that would helped inspire the actions we saw in Washington, D.C. on Wednesday.
On Tuesday, under the direction of Senator Corman, Republicans refused to seat Senator Brewster who won his election and had that election affirmed in state and federal court. In a hostile takeover later that day, they stripped Lieutenant Governor John Fetterman of his authority to preside over the Senate floor when he refused to go along with their scheme.
On Wednesday, the Senate Republican caucus contributed to the rhetoric which fomented a violent insurrection at our nation’s Capitol, that at least one Senate Republican actively organized and attended.
“Senator Corman has exercised an election insurrection and is inching Pennsylvania toward authoritarianism,” said Senator Costa. “The suggestion that he would defy yet another court order in his quest to steal the 45th district from Senator Brewster is chilling, and takes clear cues from his role model, Donald Trump.”
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Pittsburgh, Pa. − January 7, 2021 − Following the riot in Washington, D.C. yesterday, Senate Democratic Leader Jay Costa issued the following statement:
Senator Mastriano is guilty of encouraging yesterday’s coup attempt in Washington and inspiring its violent actors with his words and actions since November.
I support the First Amendment, and Senator Doug Mastriano has that right as well. However, as a public servant and sitting Senator – he, and all members of this body, must be held to a higher standard. For this reason, I am calling on him to resign. The residents of the 33rd senatorial district deserve to be represented by someone with a higher regard for this nation, its laws, its judicial system and its government.
Senator Mastriano has shown a disregard for the rule of law; and as former President John Adams said “we are a nation of laws.” Our elected leaders and government officials are bound by oath to respect and uphold those laws.
I strongly believe that Senator Mastriano’s cumulative conduct over the last three months is unbecoming of a member of the Pennsylvania Senate. Since November, Senator Doug Mastriano has been a loud proponent of Donald Trump’s anti-democratic conspiracy theories. He has questioned the integrity of our elections without evidence, wasted taxpayer resources with sham hearings that claimed fraud without proof, and yesterday he was intimately engaged in the protest at the nation’s capital that ultimately turned into a violent breach of the U.S. Capitol building.
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The First Amendment is one of our most sacred. It is not political and it is not partisan. The rights to free speech, assembly and petition are what allow this country to flourish. However, those rights do not permit the violence we are seeing today in the nation’s Capitol building and in state capitols across this country.
We held an election in November, and now – like every four years – we must have a peaceful transition of power. Our form of government cannot survive without it.
Without qualification or equivocation, we condemn the actions at the US Capitol Building today. We are asking protestors to stand down and leave peacefully.
Pittsburgh, Pa. − December 23, 2020 − Today, Senate Democratic Leader Jay Costa announced the award of $9.3 million in grants from the state to help fund local projects in the 43rd senatorial district.
“Our community needs all the help it can get as projects of all sizes have been slowed and folks have been under employed this year, and I advocated for state funding to get our district working and thriving again,” said Senator Costa. “I want to thank Governor Tom Wolf for seeing the value in these projects and working with me to get these grants out. I look forward to watching them succeed.”
The following projects in the 43rd district will receive grants:
- Dawson Manor Associations will receive $1.3 million to redevelop 2400 East Carson Street.
- The Pennsylvania Organization for Women in Early Recovery (POWER) will receive $1.5 million to redevelop its Pittsburgh campus in Swissvale.
- The Western PA School for Blind Children will receive $1 million to update its dormitory HVAC system.
- The Western PA School for the Deaf will receive $1 million for building renovations and improvements on its Edgewood campus.
- Munhall Borough will receive $1 million for improvements to its borough building.
- Carlow University will receive $1 million for development of a mixed use space on 5th Avenue
- The City of Pittsburgh will receive $1 million to rehabilitate Homewood Park
- The Academy Schools – Community Specialists Corporation will receive $500,000 for a new Outlook Academy expansion and revitalization
- Point Park University will receive $1 million to complete renovation on a professional career readiness center
Funding for these grants comes from the Redevelopment Assistance Capital Program (RACP), a Commonwealth grant program administered by the Office of the Budget for the acquisition and construction of regional economic, cultural, civic, recreational, and historical improvement projects.
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Pennsylvania − December 22, 2020 − Pennsylvania Senate Democrats seek to correct the record regarding the failure of the General Assembly to address housing insecurity due to COVID 19.
Recent press coverage has outlined that $108 million of $175 million intended for a rental and mortgage assistance program was diverted instead to the Department of Corrections. This was not the choice of Senate Democrats, who instead sought to correct the assistance program and get it to those Pennsylvanians on the cusp of losing their homes.
With Pennsylvania’s allocation of federal CARES funds, programs were funded or created to help residents who had suffered a change in their economic situation because of the pandemic ravaging the nation and world. One of those programs was a housing assistance plan that would provide relief to homeowners and renters.
Unfortunately, there were problems with the execution of this program – but instead of accepting its failure, Senate Democrats immediately convened meetings with stakeholders: advocacy organizations, landlords, renters, homeowners, financial institutions, and the PA Housing and Financing Agency. In September, Senator Katie Muth (D-Chester) chaired a hearing of the Senate Urban Affairs and Housing Committee where testifiers laid out the problems and told heart breaking stories of what would happen without state intervention.
Together with input from all of the relevant parties, Senator Art Haywood (D-Philadelphia) introduced Senate Bill 1290, a piece of legislation that would have corrected the problems with the program and allowed the full $175 million to flow to the people who desperately need it.
A companion bill was introduced in the House of Representatives and they passed it, but Senate Republicans did not consider either bill and let the hope for housing security die in our chamber – despite regular calls from Senate Democrats during session, committee hearings and publicly to address the problem.
Later in the fall, the Republicans refused to convene hearings of the Senate Urban Affairs and Housing Committee to avoid moving the House version of the bill to fix the housing assistance program.
In August, Senate Democratic Leader Jay Costa, Jr. and Senator Vincent Hughes (D-Philadelphia) sent a letter to the Republican leadership in the Senate asking them to move Senator Haywood’s legislation or its companion House bill before hundreds of thousands of Pennsylvanians are made homeless.
In October, Senator Costa held a press conference with Governor Tom Wolf and PHFA calling for the legislature to act immediately to prevent a housing crisis. Still, not only did Republicans fail to move legislation that would have corrected the relief program funded by CARES, they also failed to advance any bill that would have extended a moratorium on evictions and foreclosures.
In April, Senator Hughes introduced Senate Bill 1132 which would extend the moratorium on evictions and foreclosures to 60 days past the COVID emergency declaration. The Senate Republicans referred the bill to the Judiciary Committee, and never looked at it again.
Back in May, Senator Hughes tried again to extend the moratorium by amending the content of his SB 1132 into Senate Bill 976, as amendment A05557. It failed along party lines with every single Senate Republican voting against housing security.
Thousands upon thousands of Pennsylvanians have lost their jobs because of this virus. The virus has not slowed down, nor have the bills arriving in households across the state. We cannot continue to leave residents on their own to fight this; it’s inhumane. It’s the state’s role to help, and so far we have been stymied by the majority party in the General Assembly.
Senate Democrats recognized this looming problem from the very beginning of this crisis, and there was time to act.
There was the will in the Senate Democratic caucus to fix this; we had the money from the federal government to fix it; we had the time and the session days to pass thoughtful legislation, but the Republicans had other priorities. They chose to push veto override votes, to question the results of our secure and decisive election, and push ‘re-open’ bills instead of simply providing the aid that their constituents and small business owners were begging for.
It’s a shameful display of warped priorities from Republicans, but the Senate Democrats will continue to fight for the needs of Pennsylvanians. People over politics.
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