Rep. Fitzpatrick Sues To Remove Election Official

U.S. Rep. Brian Fitzpatrick, a Republican from Bucks County, filed a lawsuit on Thursday to remove Commissioner Diane Ellis-Marseglia from the county board of elections.

The petition was submitted to the Bucks County Court of Common Pleas. It arrives less than a week before Election Day. The move occurs during a tight race between Fitzpatrick and Democratic Commissioner Bob Harvie for Pennsylvania’s 1st Congressional District.

Fitzpatrick’s legal team argues that Ellis-Marseglia’s support for Harvie creates a clear conflict of interest. The complaint cites her public comments regarding a disputed vote in 2024. Specifically, she discussed counting undated or misdated ballots. The lawsuit states her participation on the board creates an appearance of impropriety and violates due process.

County Solicitor Dan Grieser disputes the legal basis for the removal. In a letter sent Wednesday to Fitzpatrick’s counsel, Geoffrey R. Johnson, Grieser wrote that the Election Code does not authorize removal for partisan conduct. He noted that a commissioner can only be displaced if they are a candidate for nomination or election to public office. Grieser pointed out that Ellis-Marseglia has served on the board for 15 general elections since being sworn in nearly two decades ago. He added that she recused herself only when she was on the ballot herself.

The complaint alleges that Ellis-Marseglia displayed extreme partisan bias. It cites surveillance video showing her removing copies of the Bucks County Herald from the administration building lobby. The paper featured a large ad criticizing Harvie. The petition also includes evidence of her placing Harvie campaign signs directly in front of signs for Fitzpatrick’s campaign. Additionally, the lawsuit mentions her holding a sign that read “Fire Fitz” at a recent rally for Harvie.

The Fitzpatrick campaign said it filed the suit because voters deserve fair elections. The campaign stated that elections should be overseen by impartial judges rather than someone engaging in partisan campaign mischief. The statement referenced Ellis-Marseglia’s remarks in 2024. She suggested violating a state Supreme Court ruling on misdated mail ballots so a court would pay attention. She later apologized and clarified she was referring to provisional ballots, not mail ballots.

State Sen. Steve Santarsiero, chair of the Bucks County Democratic Committee, called the lawsuit disgraceful. He said Fitzpatrick is laying the foundation to question the result’s legitimacy. Santarsiero expressed confidence that the court would dismiss the suit. He predicted Harvie’s election to Congress on November 3.

Ted Christian, chair of the Bucks County Republican Committee, said voters need confidence in the election administration. He questioned whether residents can trust Ellis-Marseglia given her actions and history with legal orders regarding ballot counting. Christian stated the answer is no.

A hearing for the case is scheduled for 9 a.m. on Monday. This filing is the latest legal development in the race. Earlier this summer, Harvie’s attorneys sent a cease-and-desist letter to Fitzpatrick. They also filed a lawsuit alleging defamation over ads that misportray Harvie’s role in a federal investigation.