Fitzpatrick sues to remove Bucks County election commissioner

Rep. Brian Fitzpatrick filed suit in Bucks County Court of Common Pleas on October 29, asking a judge to prevent Commissioner Diane Ellis-Marseglia from holding a seat on the county’s three-member election board during the upcoming contest. Fitzpatrick, a Republican, is running in a close race against Democrat Bob Harvie, another county commissioner. The election is five days away, the filing said.

The suit argues Ellis-Marseglia has conflicts of interest because she has publicly supported Harvie and criticized Fitzpatrick. It asks the court to appoint someone else to the board, which oversees county elections and certifies results. Harvie recused himself from the board after beginning his campaign.

Fitzpatrick first asked Ellis-Marseglia to step aside in a letter on Tuesday. On Wednesday, county solicitor Dan Grieser rejected the request, saying she had a First Amendment right to express political views and that the state Election Code requires recusal when a board member is on the ballot, not simply for political activity. Grieser also said Ellis-Marseglia had certified Republican victories, including Fitzpatrick’s previous wins.

The complaint points to Ellis-Marseglia’s remarks during a 2024 dispute over undated ballots in a U.S. Senate recount. She later apologized, describing her comments as poorly worded and taken out of context, and welcomed clarification from the state Supreme Court.

Harvie said Fitzpatrick was trying to undermine confidence in election administration because he feared losing. The race has also produced other legal disputes: Harvie is suing a pro-Fitzpatrick political action committee over attack ads he alleges are defamatory. A poll released this week gave Harvie a two-point lead.

Fitzpatrick’s lawsuit targets election official over political speech

With his congressional race five days away, Brian Fitzpatrick is seeking a court order to push a Democratic county commissioner off the Bucks County election board. His lawsuit targets Diane Ellis-Marseglia, who has supported his opponent, Bob Harvie, and asks a judge to appoint a replacement.

The move turns political expression into grounds for trying to disqualify an election official. County solicitor Dan Grieser rejected Fitzpatrick’s demand before the suit, saying Ellis-Marseglia is entitled under the First Amendment to voice her opinions and that election law requires recusal when an official is on the ballot. He also noted she has certified Republican victories, including Fitzpatrick’s own.

Fitzpatrick’s filing invokes Ellis-Marseglia’s comments during a 2024 dispute over undated ballots. She later apologized and said her remarks had been poorly worded and taken out of context. Harvie accused Fitzpatrick of trying to cast doubt on election administration because he feared defeat.

The filing asks the court to remove Ellis-Marseglia from a board that oversees and certifies county election results. A poll released this week put Harvie two points ahead, and the bitter race has generated further litigation, including Harvie’s defamation suit over attack ads from a pro-Fitzpatrick political action committee.

Fitzpatrick seeks safeguards on Bucks County election board

A Republican candidate in a close race is asking a court to address what his lawsuit describes as a conflict on the panel overseeing Bucks County’s election. Brian Fitzpatrick filed suit against Commissioner Diane Ellis-Marseglia five days before his contest with Democrat Bob Harvie, seeking her removal and a replacement on the board.

Fitzpatrick’s case centers on Ellis-Marseglia’s public support for Harvie and criticism of the Republican. The suit argues that her conduct raises concerns about impartiality and due process. The election board oversees county elections and certifies results, making the dispute about who should handle election administration as well as a campaign clash.

County solicitor Dan Grieser says Ellis-Marseglia can express political views and that state law requires recusal when a board member is on the ballot, not merely because of political activity. He also says she has certified Republican wins, including Fitzpatrick’s. But the suit points to her 2024 comments during a dispute over undated ballots; Ellis-Marseglia later apologized and said her words had been misinterpreted and taken out of context.

Harvie accused Fitzpatrick of trying to sow distrust in election administration because he was afraid of losing. A poll released this week showed Harvie leading by two points. The court is being asked to decide whether Ellis-Marseglia should remain on the board for the election.