Pittsburgh, Pa. — January 12, 2021 — Statement from Senate Democratic Leader Jay Costa:
“Tomorrow morning, I am looking forward to joining Senator Jim Brewster in Harrisburg for his swearing in ceremony. I want to thank Senate President Pro Tempore Jake Corman for setting this up so quickly following the federal court ruling today. I speak for Senator Brewster and all of the members of the Senate Democratic Caucus in saying that we look forward to getting to work on behalf of all of our constituents in this legislative session.”
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 − January 2, 2021 – Senate Democratic Leader Jay Costa issued the following statement on the passing of Representative Mike Reese:
“I am devastated to learn of the passing of our House colleague Mike Reese. On behalf of the Senate Democratic Caucus, I want to extend my deepest condolences to his family, friends and colleagues. My prayers are especially with his young family as they mourn this sudden loss. He was a leader in Western PA and gone far too soon.
While we didn’t have the opportunity to work together often in our separate chambers, I fondly remember playing softball with him at our annual charity game in Harrisburg. He was a great player and teammate. I am stunned he is no longer with us.”
