HARRISBURG, Pa. — An Allegheny County state senator whose swearing-in was delayed last week by Republicans in the state capitol had his election victory validated Tuesday by a federal judge's ruling.
Democrat Jim Brewster's election to the 45 senatorial district was upheld by the ruling, which was issued by U.S. District Judge J. Nicholas Ranjan. It is the latest in a series of losses for Republicans in the courts following last November's election.
The news was first reported by Julian Routh of the Pittsburgh Post-Gazette.
Brewster won his election to the 45th district by 69 votes last November, and his win was certified by the state.
But Brewster's election was challenged by his Republican opponent, Nicole Ziccarelli, who submitted a 500-page contest to the state Senate last Tuesday.
Ziccarelli asked that the Senate determine a winner, citing an article of the state constitution that would allow them to do so.
Ziccarelli also had a lawsuit filed in federal court challenging more than 2,000 un-dated mail-in ballots in Allegheny County, including 311 in the 45th district.
During last Tuesday's swearing-in ceremonies in the state capitol, Republican lawmakers blocked Brewster's seating as a state senator, citing Zaccarelli's challenge.
Democrats -- including Pennsylvania Lt. Governor John Fetterman, who was presiding over the ceremony until Republicans had him removed -- objected to the blocking of Brewster's swearing-in, resulting in sometimes passionate arguments during the contentious debate.
"The Republicans believe the election is not over yet," Brewster told FOX43 last Tuesday. "We clearly believe that I won the election. There's no doubt about that. A number of different court renderings have said that.
Brewster later added "the courts have ruled that they must be counted."
"We thought in fairness to both Sen. Brewster and Nicole Ziccarelli that we not seat anyone and let the members the time to make the best decision moving forward," said Republican Sen. Jake Corman, President Pro Tempore, in a press release issued after ceremony.
On Tuesday, Corman tweeted that Brewster will be sworn in on January 13:
He released the following statement on Judge Ranjan's decision:
“In his decision today, Judge Ranjan further clarified the proper handling of undated ballots. Therefore, we will seat Jim Brewster as the Senator for the 45th Pennsylvania Senate District at 11 a.m. tomorrow morning.
“In this case, there was no dispute of facts. There were no allegations of fraud. Instead, we had voters in Allegheny and Westmoreland counties who made the same mistake on their mail-in ballots being treated differently.
“Senate Republicans believe that - considering this obvious defect - the Secretary of State Kathy Boockvar was premature in certifying the election. By delaying the swearing-in of a senator, we took the time to receive this imminent ruling."
Senate Democratic leader Jay Costa issued the following statement:
I want to thank Judge Ranjan for his thoughtful and well-reasoned decision on the merits of this case. 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.
“Today we can celebrate Jim Brewster’s win, but the real winner is democracy. 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.”
State Senator Vincent Hughes (D-Philadelphia/Montgomery) issued a statement calling for Brewster to be seated immediately.
"Today’s ruling is certainly in order with the facts of the case. Senator Brewster won the popular vote, all state and federal court proceedings, and was certified by the Pennsylvania Secretary of State. The Senate Republicans need to accept these facts and swear Senator Brewster in immediately. They must accept the will of the voters, and the rule of law, and give the residents of the 45th Senatorial District the Senator they chose. Seat Jim Brewster now."
Governor Tom Wolf issued the following statement in response to the U.S. District Court decision today reaffirming that Sen. Jim Brewster won re-election to the 45th Senate District in the Pennsylvania State Senate.
“Today’s court decision reaffirms that Sen. Brewster won the election. He received the most votes and the court dismissed his opponent’s claims. Sen. Brewster must be sworn in to represent the 45th Senate District in the Pennsylvania State Senate.
"The tragic events of the past week are a reminder that democracy must be preserved for today and future generations. The voters decide elections, not powerful Harrisburg politicians. Our nation has been through too much pain and disruption for this shameful power grab to continue.
"Senate Republicans may not like the outcome of the election, but they cannot overturn the will of the people in western Pennsylvania or ignore court decisions. The people’s ballots are counted, and the results are accurate. Refusing to seat Sen. Brewster and leaving the district without a voice would be unethical and undemocratic. The Senate Republicans have no choice. Sen. Brewster must be sworn in.”