National Review Online
Wednesday, November 20, 2024
Pennsylvania senator Bob Casey Jr.’s electoral fate
was decided by voters on November 5, with an outcome apparent to all before the
end of the night: After a remarkable streak of political fortune in the
Keystone State, the three-term Democrat was narrowly defeated by Republican
businessman Dave McCormick. Although he ran ahead of Kamala Harris in the
state, Casey’s incumbency (and family name) provided insufficient cushion to
save him from being swamped by Donald Trump’s larger statewide margin of
victory on the presidential ballot, which carried McCormick — already a strong
challenger — over the finish line. It was the end to a long and undistinguished
career for Casey, a D.C. politician most respected by Pennsylvanians for the
career of his father.
Except Bob Casey has refused to admit that it is over.
This was perhaps understandable in the immediate days after the vote, as Casey
entertained the forlorn hope that outstanding mail-in and absentee ballots in
populous Democratic-leaning counties would disproportionately break in his
favor. But it was already clear by November 12, when the editors of National Review first wrote about Casey’s intransigence, that the math
simply could not possibly add up for him, as indeed it has not.
The twist is that since that day, Casey’s strategy —
spearheaded by his counsel, Democratic superlawyer Marc Elias — has turned to
seeking to count illegal ballots. As the margin in the race closed to
around 17,000 votes, Casey’s Democratic allies on the boards of elections in
Philadelphia-area counties were publicly enjoined by his team to adopt a
strategy of open defiance of the Pennsylvania state election code, which
stipulates that undated ballots are automatically invalid and cannot be counted
for any purposes. The election boards of Bucks, Philadelphia, Delaware, and
Centre Counties all happily did so, with one Bucks County election
commissioner, Diane Ellis-Marseglia, proudly asserting that Democrats would
count illegal, unmarked, late-arriving ballots — despite two preexisting court
rulings demanding otherwise. Her rationale: “We all know that precedent by a
court doesn’t matter anymore in this country. People violate laws all they
want.”
This was too much even for the Pennsylvania supreme
court, which ruled resoundingly on all of this
Monday afternoon. In an extremely brusque majority opinion, the court ordered
all boards of elections to comply with the black-letter law of the state
election code, as written, and dispose of all undated or otherwise facially
invalid ballots. After the ruling, Governor Josh Shapiro finally spoke on the matter,
castigating the rebel Democrats: “Any insinuation that our laws can be ignored
or do not matter is irresponsible and does damage to faith in our electoral
process. The rule of law matters in Pennsylvania.”
And yet, Bob Casey Jr. remains in the race. He now stakes
his hopes on a statewide recount likely to flip fewer than a hundred votes, if
that, from one column to another. In doing so, he is humiliating his own party
by shamelessly inverting — and thereby vitiating — arguments they’ve lodged
against others who refuse to accept legitimate electoral outcomes. The vote has
been counted, the Pennsylvania supreme court has emphatically ruled, and it is
now time for Senator Casey to spare Pennsylvanians any further farce, salvage
what public dignity remains of his career, and publicly concede the election.
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