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Battle over Pennsylvania mail ballots is latest example of messy disputes over election rules

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Battle over Pennsylvania mail ballots is latest example of messy disputes over election rules


What to Know

  • The recount underway in Pennsylvania’s U.S. Senate race marks the end of a chaotic post-election period that has become the latest example of how disputed election rules can expose weak points in a core function of American democracy.
  • The ballot-counting process in the race has become a spectacle of hours-long election board meetings, social media outrage, lawsuits and accusations that some county officials are openly flouting the law.
  • A big part of the dispute has centered around the envelopes that contain mail ballots, including whether they should be counted if the voter didn’t write the correct date.

The recount underway in Pennsylvania’s U.S. Senate race marks the end of a chaotic post-election period that has become the latest example of how disputed election rules can expose weak points in a core function of American democracy.

The ballot-counting process in the race between incumbent Democratic Sen. Bob Casey and Republican David McCormick has become a spectacle of hours-long election board meetings, social media outrage, lawsuits and accusations that some county officials are openly flouting the law.

The Associated Press called the race for McCormick on Nov. 7, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead. NBC News has yet to call the race due to it being so close with ballots still outstanding.

As the race headed toward a recount, which must be concluded by next Tuesday, Republicans have been claiming that Democrats are trying to steal McCormick’s seat by counting “illegal votes.” Casey’s campaign has said Republicans are trying to block enough votes to prevent him from pulling ahead and winning.

A big part of the dispute has centered around the date requirement on the return envelope that contains a mail-in ballot.

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Republicans say state law and court precedent is clear and that mail ballots must be discarded if their envelopes don’t meet the criteria. Democrats insist that ballots shouldn’t be tossed out because of what they call technicalities.

Several Democratic-controlled county election boards have been counting mail-in ballots in which the voter either wrote the wrong date on the return envelope or didn’t write one at all, despite the state Supreme Court saying just days before the election that such ballots shouldn’t be counted.

On Monday, the Democratic-majority high court reasserted its authority, ruling 4-3 to override active litigation in county courts and order local election boards to obey prior rulings that said such ballots cannot be added to the tally.

“Only the courts under our charter may declare a statute, or provision thereof, unconstitutional,” wrote Justice Kevin Brobson, a Republican.

Some Democrats had said the issue had been a legal gray area before Monday’s ruling. Democratic-majority election boards in Montgomery County, Philadelphia and Bucks County had voted to count ballots that lacked a correct date, while Republicans had said including a date is a critical element of ballot security.

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Omar Sabir, the chairman of Philadelphia’s election board, pointed out that a county judge had recently ordered the board to count such ballots in a lawsuit stemming from a September special election.

“I think we as commissioners have discretion to decide which ballots can count, and that’s our right under Pennsylvania statute,” Sabir said Tuesday.

But it was a statement from a Democratic commissioner in Bucks County, a heavily populated political swing county just north of Philadelphia, that ignited social media outrage and threats of legal retaliation from Republicans.

In a meeting last week, Bucks County Commissioner Diane Ellis-Marseglia, a Democrat, voted to count provisional ballots that were missing one of two required voter signatures. She did so after being told by a county attorney that the state Supreme Court had already ruled that such ballots can’t be counted.

“We all know that precedent by a court doesn’t matter anymore in this country and people violate laws any time they want,” she said. “So for me, if I violate this law, it’s because I want a court to pay attention to it. There is nothing more important than counting votes.”

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The video of her statement spread quickly among conservatives, often wrongly portraying it as justifying a separate vote by the Bucks County election board to count mail ballots that arrived at local election offices in undated or misdated envelopes.

“This is a BLATANT violation of the law and we intend to fight it every step of the way,” Lara Trump, President-elect Donald Trump’s daughter-in-law and co-chair of the RNC, wrote in a post on X that received 1.2 million views.

Ellis-Marseglia didn’t return a call to clarify what she meant. But the county board chair, Democrat Bob Harvie, said in a statement that commissioners had voted to protect the rights of voters — not sway an election.

The controversy over the decisions by some Democrats to take actions that appeared to contradict Pennsylvania law evoked similar disputes in several other states over the role of local election boards in certifying results. Some Republicans on those boards in recent years have voted against certification without any evidence of problems or wrongdoing, and did so despite their duty under state law.

The attacks on certification begun in 2020 by then-President Donald Trump and his allies raised concerns that partisans on local election boards could essentially block the will of the voters without justification. The moves prompted several Democratic-led states to pass laws clarifying the process.

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In Pennsylvania, Republicans were quick to criticize local Democrats who voted to accept the mailed ballots that came in undated or wrongly dated envelopes. Republican National Committee chairman Michael Whatley called it “corrupt and despicable.”

“This is the kind of conduct that undermines faith in elections,” Whatley told reporters on a conference call. “When election officials pick and choose at the last minute which rules to follow and which to ignore, it naturally leads voters to lose trust in the process.”

Asked whether he thinks some county officials could face legal consequences, Whatley said Republicans were exploring options and would “pursue this to the fullest extent that we can.”

Even if the ballot-counting process this year is chaotic, it could produce a lasting result.

The legal challenges could lead to court decisions that dictate in future elections which ballots can and can’t be tallied, said Jeff Reber, a Republican who chairs the elections reform committee for the statewide association representing county commissioners.

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“No one thinks the recount is going to change the outcome of the election,” he said. “The real battle is which ballots will be counted because that could be a precedent-setting decision.”



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PA state rep. wants to force the York State Fair to change its name

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PA state rep. wants to force the York State Fair to change its name


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Will the York State Fair have to change its name?

State Rep. Catherine Wallen of the 193rd House District, which stretches from Shippensburg to New Oxford, plans to introduce legislation that would prohibit fairs from using the title “state fair” in their name or advertising.

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She noted that “a wave of a few fairs” recently has started using the word “state” in their name. There isn’t a statute that allows the use of a “state fair” title in Pennsylvania.

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“This legislation would change that to keep all fairs across the state on the same level and not allude that they are recognized as the Official State fair of Pennsylvania,” Wallen wrote. “The only event that truly has claim to that title is the Pennsylvania Farm Show that is held annually in Harrisburg.”

The annual agricultural fair in York County, formerly known as the York Fair, added the word “state” to its name in 2020. The event, which was set to move to July that year, had to be canceled because of the coronavirus pandemic.

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The Agricultural Society Board of Directors voted in 2019 to change the name to join other large fairs across the country that include “state” in the name, according to a news release at the time.

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“We are as big as many state fairs across the country in terms of attendance, entries, entertainment, amusement rides, facilities, staffing and budget so the question became why not recognize ourselves as a state fair level event by calling ourselves the York State Fair,” then-CEO Bryan Blair said in the release at the time.

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Patrick Ball, the fair’s current CEO, said fair officials are trying to learn more about the proposed legislation.

Teresa Boeckel is a reporter for the York Daily Record, part of the USA TODAY NETWORK. Contact her at tboeckel@ydr.com.



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‘Natural splendor at its best’: Penn’s Cave may become Pa.’s next state park

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‘Natural splendor at its best’: Penn’s Cave may become Pa.’s next state park


The boat dock at the entrance of Penn’s Cave.
HUNTER SMITH / THE EXPRESS

HUNTER SMITH / THE EXPRESS
The colored light room in Penn’s Cave.

BELLEFONTE — After four generations of family stewardship, the owners of Penn’s Cave and Wildlife Park are asking the state to take over one of Centre County’s most iconic attractions in an effort to preserve it from future development.

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Following remarks from CEO Russ Schleiden and his daughter, Jeanine Watson, the Centre County Commissioners on Tuesday endorsed the plan to make the natural wonder Pennsylvania’s 126th state park.

“This has been a very difficult decision for us,” said Schleiden. “But we feel that it’s a very important part of, not only Centre County, but the Commonwealth of Pennsylvania, and that it should be preserved in perpetuity.”

The Schleiden family has spent decades as custodians of America’s only all-water, limestone cavern, working to expand and conserve Penn’s Cave, which contains the headwaters of Penn’s Creek. To ensure the 1,400 acres of land and its waters are around for generations to come, the family is petitioning the Pennsylvania Department of Conservation and Natural Resources (DCNR) to designate the Penn’s Cave estate a state park and take over its stewardship.

The proposed transfer includes the cavern, Cave House, surrounding land and waterways, five homes and several barns. Watson said the family has been working toward the proposal for three years.

“I know the state, DCNR, has wonderful plans and visions for enhancing it and taking it to that next level beyond what we could do,” she said.

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Penn’s Creek, which starts in the cavern, flows 34 miles to Selinsgrove where it joins the Susquehanna River Basin before emptying into the Chesapeake. The state has made significant investments in protecting those waters, and the proposed transition would expand that work.

“The tributaries also support the native brook trout,” said Schleiden, naming specifically Little Poe and Big Poe creeks, which are known for their fishing.

Penn’s Cave, he said, has always been supportive of “wildlife for everyone.”

With the commissioners’ help, Penn’s Cave and Wildlife Park has invested $2 million into the local wetlands, protecting local fauna while improving the area’s accessibility. Schleiden said transferring ownership to the state would ensure that mission remains central to the property.

“We strongly desire this to go to the state to protect and continue to conserve, and have it available to the public,” Watson said.

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The property also carries historical significance. Penn’s Cave and Hotel was listed on the National Register of Historic Places in April 1978 for its local importance.

The Cave House, or hotel, was built in 1885 by the Long family, who first commercialized the cavern. At the time, visitors traversed the cave by boat using lanterns. That changed in 1927, when the Campbell family, who emigrated from Scotland to the land, electrified the cave.

“It probably had electricity before more than most of the local residents,” Schleiden said.

State Rep. Kerry Benninghoff, who helped coordinate with the state on the proposed transition, also joined the commissioners for the discussion.

Benninghoff said the move would require the endorsement of the governor and both chambers of the General Assembly. The governor is aware of the plan and visited the site last year, and Benninghoff said he has drafted legislation outlining the mechanics of the transition.

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“I can’t think of a better time in our country and our county’s history, at the semiquincentennial, to make this a reality,” he said. “If you want to look at Americana in its best, the park I think exemplifies that.”

“In the long run, I think this is a tremendous investment for the commonwealth,” Benninghoff said, noting the transition would not be easy but the commissioners’ endorsement could help move the project forward during this budget cycle.

The proposal also carries potential economic benefits for the region.

Penn’s Cave and Wildlife Park already attracts visitors from all 50 states and several countries. During its peak season, the park employs dozens of local community members. The attraction is a multigenerational employer in Gregg Township, providing jobs for members of the Schleiden family and their employees, many of whom are young adults and teens.

Transferring ownership to DCNR and becoming Pennsylvania’s 126th state park could increase tourism and economic engagement in the area, the owners said. State parks in rural communities often bring tourism dollars and expand employment opportunities as operations grow.

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Benninghoff said he could envision additional public amenities, including a campground, while emphasizing the property would remain accessible.

“This is not going to be an exclusive property that no one can access,” she said. “It’s actually one we want more people to enjoy.”

The commissioners each praised the work Schleiden and Watson have done and expressed support for the state park designation, citing the conservation, education, historical, tourism and recreational benefits of the proposal.

“Penn’s Cave is a premier tourist attraction in Centre County,” said Commissioner Mark Higgins, who noted it is one of only a few caves accessible by boat worldwide. “With the trout in the water and the wild animals surrounding it in the wildlife park, it’s a really, really fun half-day attraction to visit.”

“It’s just irreplaceable,” he said.

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Commissioner Amber Concepcion called the property “an outstanding area of natural beauty” and added that it provides an opportunity for education and recreation.

“It’s a great place for kids to learn and for adults and people of all ages to spend a summer afternoon,” she said. “It would make a fantastic state park.”

Dershem called the opportunity “once in a lifetime” and said it would be a “crying shame” if the property were developed instead.

“This is an amazing opportunity for the Commonwealth of Pennsylvania to invest in a property that is literally irreplaceable, iconic to our region and unique. I don’t know that you’ll find anything quite like it,” Dershem said. “It’s an amazing place.”

Penn’s Cave, he added, “represents who we are in Centre County” and is “natural splendor at its best.”

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Benninghoff said their support will emphasize the urgency of completing the transition to state legislators.

“This endorsement by the county, visitors bureau and other people helps to emphasize that we’d really like to get this done, and time is of the essence,” he said. “People have been knocking on their door, wanting to purchase this land and break it all apart, and a lot of it would go into development.”



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60th annual Central Pennsylvania Festival of the Arts now underway in State College

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60th annual Central Pennsylvania Festival of the Arts now underway in State College


It was a strong opening day in State College for the 60th anniversary of the Central Pennsylvania Festival of the Arts.

The festival kicked off with the traditional children’s day festivities.

Kids lined South Allen Street, displaying and selling their latest creations.

6 News spoke with one of the young businessmen there — Trevor Winterich — who was busy with his 3D toys.

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On Thursday, the festival’s sidewalk sales open, featuring artists and performers from across the country.

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The festival will then wrap up on Sunday.



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