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.
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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Pennsylvania − December 4, 2020 − Aiming to stimulate Pennsylvania’s economy by providing direct aid to workers, families, small businesses and other vulnerable populations, the Pennsylvania Senate Democratic Caucus announced a bold, innovative $4 billion pandemic relief plan Friday morning.
The Pennsylvania Coronavirus Aid, Relief & Economic Security Act of 2021 (PA CARES 21) Plan would fund previously existing aid programs and establish new programs to help struggling Pennsylvanians and struggling areas of the commonwealth’s economy.
“Folks have not seen pandemic-specific relief from the state or federal government since last spring, yet thousands remain unemployed, underemployed and struggle with their housing and utility bills. This cannot go on any longer,” said Senate Democratic Leader Jay Costa. “There are immediate needs in communities across this state that must be addressed immediately. We are in the middle of another surge in COVID cases, hospitalizations and deaths. We need help to recover, personally and financially; the state must play an active role in that recovery and that is what our plan today does.”
“Thousands of Pennsylvanians have been hurt by this pandemic and have received some assistance to get through this generational crisis — however it is time to do more in that space to get people the help they need,” Sen. Hughes said. “Rather than use federal dollars to help people in their time of need, we used the money to plug budget holes, telling people we had to keep state operations running to prevent further crisis. Having averted that crisis, it is now our job to step up and help our communities. They cannot wait any longer for help and the legislature must act now.”
PA CARES 21 authorizes the commonwealth to issue $4 billion in emergency debt to (1) recapitalize programs previously funded with federal CARES funds pursuant to Acts 2A, 24 and 30 of 2020 and (2) establish new programs that provide targeted assistance to struggling Pennsylvanians and struggling sectors of the Pennsylvania economy.
Where appropriate, this proposal utilizes the programs created under Act 24 of 2020 to drive out the funds. If proposed funding does not fit into an existing program (e.g., utility assistance), a new program will be created. Additionally, the caucus supports fixing programs created by Act 24 (e.g., PHFA’s rental assistance program) as requested by stakeholders to maximize program effectiveness.
The PA Senate Democrats propose allocating the funds to the following priorities (a detailed spreadsheet of the spending proposal is attached):
- $800 million in business assistance
- $1 billion in UC benefits
- $594 million in local government assistance
- $135 million in hazard pay
- $318 million in DHS programs
- $250 million in basic education
- $136 million in higher education
- $100 million to hospitals
- $100 million to utility assistance
- $75 million in child care
- $100 million in housing assistance
- $50 million in food security
- $25 million in pre-k education
- $25 million for PPE and vaccines
- $15 million for mental health funding
- $180 million in transportation funding
“There is no overstating the economic toll COVID has taken and continues to take on families and businesses across the Commonwealth,” said Senator Maria Collett (D-Montgomery). “As a former infection control nurse, I promise you that the sacrifices you’ve made have saved lives and prevented long-term health complications associated with this dangerous virus for so many. But I also know these words offer little comfort when you are struggling to pay the mortgage, or juggle your job and the constant changes to your kids’ schooling, or keep your business afloat. Government is supposed to work for you and that is exactly what our PACARES 21 proposal does. It identifies ways to get money into the hands of those who need it most, including those about to lose their COVID unemployment benefits, frontline workers, child care centers, and our main street businesses, especially local restaurants and bars, in the quickest, most efficient way possible. Your families and your businesses can’t afford to wait any longer for relief. So until our communities are safe and our economy is running at full steam again, it is critical that we extend this lifeline and do so now.”
“As the number of COVID-19 cases and deaths in Pennsylvania continues to climb, it is the General Assembly’s duty and obligation to provide relief to all those affected – unemployed folks, front-line workers, small businesses, and especially hospitals that serve high-Medicaid populations as well as our institutions of higher education,” said Senator Tina Tartaglione (D-Philadelphia). “These are the pillars of society that serve us in our times of greatest need and will lead our recovery.”
“There’s no denying that cases of the coronavirus are growing every day,” said Senator-elect Carolyn Comitta (D-Chester). “We need to do more than just say, ‘help is on the way.’ We need a bold, innovative plan to deliver it to Pennsylvanians. PA CARES 21 gives us more tools, more resources, and the flexibility to prepare for the future.”
“We are entering a stage of the pandemic that is, by virtually every measure, worse than the first stage, laying bare and exacerbating inequalities in all our health systems, devastating essential workers, and disproportionately harming Black and brown people,” said Senator-elect Nikil Saval (D-Philadelphia). “We need to keep people in their homes, fight hunger and food insecurity, and give our children every tool they need to learn. We need this stimulus because our communities desperately need support and relief.”
More information on the proposal and the caucus’ work in pandemic relief is available online at pasenate.com/pacares.
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HARRISBURG – October 29, 2020 – Senate Democratic Leader Jay Costa and Senate Democratic Appropriations Chair Senator Vincent Hughes and members of the Pennsylvania Senate Democratic Caucus today slammed House and Senate Republicans for recessing the General Assembly until mid-November without passing legislation to drive out Pennsylvania’s remaining $1.3 billion in federal CARES funds to Pennsylvanians suffering the economic impacts of the coronavirus pandemic.
Earlier this year, Pennsylvania received nearly $4 billion from the federal government’s Coronavirus Aid, Relief and Economic Security (“CARES”) Act. In May, Democrats and Republicans worked together to drive out $2.6 billion of the federal funds to provide much needed aid to struggling Pennsylvanians. Since that time, Senate Democrats have strongly advocated for driving out the remaining $1.3 billion and released their own proposal for spending the remaining funding to provide additional relief. Unfortunately, Republican leadership in the House and Senate refused to act on another round of funding before recessing Oct. 21.
“It is unconscionable that Harrisburg Republicans would adjourn the General Assembly and leave town without acting on another round of CARES funding for Pennsylvania families and businesses,” Sen. Costa said. “For months Senate Democrats have been pressing for the release of the remaining $1.3 billion in CARES funds. I’d say House and Senate Republicans ignored us, but the reality is they ignored hurting Pennsylvania families. They ignored Pennsylvania’s small business owners that are hanging on by a thread. They ignored our hospitals, our schools, and our social service providers. Republican inaction is going to lead to more unnecessary suffering and lengthen Pennsylvania’s economic recovery. It’s shameful.”
“At a time when Pennsylvanians need real, bipartisan leadership, Harrisburg Republicans have failed miserably,” Sen. Hughes said. “House and Senate Republicans have been singularly focused on criticizing Governor Wolf for his handling of the pandemic, but when they had a chance to make an impact, they did nothing. They left $1.3 billion sitting in the state treasury and went home. Now, that money will sit there for weeks as more small businesses close, more child care providers struggle to stay afloat, and more families stay up at night wondering how they will pay their bills. It didn’t have to be this way.”
Similar inaction on a federal level has ended all talks of stimulus aid before the Nov. 3 election, leaving families, small businesses, front-line workers and many other vulnerable populations without much-needed aid. Costa and Hughes pointed to politically-motivated federal inaction and severely misplaced priorities by House and Senate Republicans, who the entire summer and fall politicizing the pandemic and Pennsylvania’s response to it rather than working with Democrats to drive out CARES funding.
“Throughout the summer and fall, we’ve watched House and Senate Republicans hold partisan hearings, pass politically-motivated legislation, and waste precious time on veto overrides that they knew would fail,” Sen. Costa said. “If they spent even a fraction of that time focused on helping people, I have no doubt we would have reached a consensus on spending the remaining $1.3 billion in CARES funds. Instead Republicans opted for political theatre.”
“All summer Republican Senators and Representatives stood at press conferences with small business owners and organized rallies to protest Pennsylvania’s response to the pandemic,” Sen. Hughes noted. “But when the press conferences and rallies ended, and the time came to help these same folks they claimed to be fighting for by driving out $1.3 billion, Republican legislators did nothing. They got their press release or their TV clip and the folks that stood with them were left without any help. Again. We cannot wait any longer to push out aid. Our plan must be on the agenda in November.”
The Senate Democrats again shared their plans in hopes that the Republican-controlled General Assembly would understand the immediate need of providing aid to vulnerable Pennsylvanians immediately. The Senate Democratic plan includes:
- $125 million for individual and family relief with utility bill assistance
- $575 million for business assistance, specifically for:
- Nonprofit assistance
- Main Street and Historically Disadvantaged Businesses
- Barbers, salons, personal care industry
- Tourism
- Bars, taverns, restaurants, private event spaces and hospitality
- $15 million food security
- $125 million for high Medicaid hospitals
- $141 million for higher education
- $75 million for child care
- $100 million for hazard pay in existing programs, and expanded programs for pharmacies
- $150 million for property tax relief
- $25 million for public safety
If you missed the press conference, you can watch the full event here. For more information on the Senate Democratic proposals for the first or second allocation of CARES funds, please visit pasenate.com/pacares.
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Harrisburg − October 16, 2020 − Members of the Pennsylvania Senate Democratic Caucus today outlined a plan to spend the remaining $1.331 billion in CARES money that Pennsylvania received as part of a federal assistance package earlier this year.
The money must be spent by December 31st on COVID-19 related needs or the state loses the authority to use it at all.
“When we passed our original spending plan for these dollars, we withheld a portion of our allocation to see where what would happen with COVID-19 through the summer and fall. We waited for more assistance from the federal government that never came. Washington has failed but here in PA, we have found that families, small businesses, and many other institutions need additional assistance for recovery,” said Senate Democratic Leader Jay Costa, Jr. “We’ve been allocated these funds to help with recovery; it’s time to spend them. Folks need help now. I urge our Republican colleagues to add this to the agenda for our session days next week.”
“We are a long way from recovering what has been lost during the pandemic and sitting on $1.3 billion does nothing to help people who are hurting right now,” Sen. Hughes said. “We must drive dollars out to our existing and proven methods of distributing CARES funding immediately. Our families, workers, small businesses owners, and so many others are still struggling to get through this pandemic. They do not have the luxury of a wait-and-see approach, which is why we must act now. Furthermore, we need the federal government to enact a spending plan that helps states do more to help the people through the greatest crisis of our lifetimes.”
The Senate Democratic plan includes:
- $125 million for individual and family relief with utility bill assistance
- $575 million for business assistance, specifically for:
- Nonprofit assistance
- Main Street and Historically Disadvantaged Businesses
- Barbers, salons, personal care industry
- Tourism
- Bars, taverns, restaurants, private event spaces and hospitality
- $15 million food security
- $125 million for high Medicaid hospitals
- $141 million for higher education
- $75 million for child care
- $100 million for hazard pay in existing programs, and expanded programs for pharmacies
- $150 million for property tax relief
- $25 million for public safety
For more information on the Senate Democratic proposals for the first or second allocation of CARES funds, please visit https://www.pasenate.com/pacares/
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