Anger, Chaos as Senate Denies Oath to Brewster

January 05, 2021 |

By Staff Reports | Posted in: Politics & Elections

(This story was written by Jason Togyer from press pool reporting by Elizabeth Hardison of the Pennsylvania Capital-Star, with additional coverage from the official video feed of the Pennsylvania State Senate at pasen.gov.)


State Sen. Jim Brewster of McKeesport poses for a photo with state Sen. Vincent Hughes of Philadelphia before Tuesday’s swearing-in ceremony. The Republican leadership is holding Brewster’s 45th District seat vacant after an election challenge by Nicole Ziccarelli of Lower Burrell. (Photo via Twitter @SenatorHughes)


Shouting broke out in the Pennsylvania senate on Tuesday after the Republican majority refused to swear-in state Sen. Jim Brewster of McKeesport for his third full term.

The dispute has turned a national political spotlight on the 45th Senatorial District, which includes the city, most of the Mon Valley, Monroeville, Plum and part of the Alle-Kiski Valley in Westmoreland County, and which is now without a state senator.

Republican senate leaders have not said when they expect to resolve the situation, but Democrats are vowing to fight to get Brewster sworn back into office.

Brewster has been certified by both state and county officials with winning re-election to the 45th District by fewer than 70 votes. During a swearing-in ceremony Tuesday afternoon, he stepped forward to take the oath of office along with nine other Democratic senators.

But state Sen. Jake Corman, Republican of Centre County, serving as president pro tempore, said the oath would not be administered unless Brewster left the rostrum.

 
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Republicans Will Delay Brewster Swearing-In

January 05, 2021 |

By Jason Togyer | Posted in: Politics & Elections

Republican leaders of the Pennsylvania State Senate are planning not to administer the oath of office to McKeesport’s Jim Brewster on Tuesday when other members of the chamber take their seats.

On Monday night, top Pennsylvania Democrats called the decision “illegal and unlawful” and accused the Republican majority of trying to steal the election.

“This is right out of the Trump playbook,” said state Sen. Jay Costa Jr., Democrat of Forest Hills.

Brewster, who state and county officials have certified as the winner in the 45th Senatorial District by 69 votes, sounded weary on Monday night, but counseled patience.

“I want to make sure the (voters) understand that from my perspective, most elections are hard fought, no matter who wins or loses,” said Brewster, who has served 10 years in the senate after winning a special election for the seat in 2010.

 
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Ziccarelli Asks State Senate to Reject Brewster

January 02, 2021 |

By Jason Togyer | Posted in: Politics & Elections

Republican Nicole Ziccarelli has asked leaders of the Pennsylvania State Senate not to seat Democrat Jim Brewster when the chamber convenes on Tuesday.

In a petition filed Friday night, Ziccarelli, of Lower Burrell, alleges that the decision of Allegheny County to count mail-in ballots that were signed, but not dated, constitutes acceptance of “illegal votes” and was “a blatantly political maneuver.”

Results accepted and certified by the Pennsylvania Department of State give Brewster, of McKeesport, a 69-vote lead in his re-election to a third full term to represent the 45th Senatorial District.

Ziccarelli has filed a lawsuit in U.S. District Court in Pittsburgh alleging that her rights to due process and equal protection under the U.S. Constitution were violated because Allegheny County accepted signed but undated mail-in ballots, while neighboring Westmoreland County did not count similar votes.

 
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Republicans React to Victory Declaration in 45th

December 17, 2020 |

By Jason Togyer | Posted in: Politics & Elections

Correction: This story was edited after publication. See editor’s note.

Pennsylvania Republicans reacted with disbelief after state Sen. Jay Costa declared victory Wednesday for state Sen. Jim Brewster in his re-election.

Brewster, a McKeesport Democrat running for his third full term in the 45th Senatorial District, currently leads Nicole Ziccarelli, Lower Burrell Republican, by approximately 70 votes.

State totals certified Wednesday put the margin at 69 votes, while county-level results posted online say 73 votes.

But more than 2,000 mail-in and absentee ballots in Allegheny County have been challenged by the Ziccarelli campaign in U.S. District Court in Pittsburgh. Although signed, those ballots lacked handwritten dates.

 
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Deadlines Set on 45th Senate District Challenge

December 17, 2020 |

By Jason Togyer | Posted in: Politics & Elections

A federal judge in Pittsburgh has given Republican challenger Nicole Ziccarelli until Dec. 23 to demonstrate why her attempt to throw out more than 2,300 mail-in ballots in Allegheny County should proceed.

Those ballots give a 73-vote lead to state Sen. Jim Brewster, Democrat of McKeesport, in his bid for re-election to a third full term — and on Wednesday, Senate Democratic leaders declared victory for their colleague after the Pennsylvania Department of State certified the results.

“While we have been confident for some time that Sen. Jim Brewster would be returning to the Pennsylvania Senate, the official certification comes as a relief and we congratulate him on the win,” said state Sen. Jay Costa of Forest Hills, who also serves as senate minority leader, in a prepared statement.

 
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Federal Judge Denies Injunction in Vote Count

December 01, 2020 |

By Jason Togyer | Posted in: Politics & Elections

A federal judge in Pittsburgh has denied a request for a preliminary injunction and temporary restraining order that would block state officials from accepting some of Allegheny County’s election results.

At issue are 2,349 disputed absentee and mail-in ballots that will likely decide the 45th Senatorial District race between State Sen. Jim Brewster and his challenger, Nicole Ziccarelli.

The ballots in question were signed, but not dated, by voters.

In her request last week, Ziccarelli, Republican of Lower Burrell, asked U.S. District Judge J. Nicholas Ranjan to prohibit state officials from accepting Allegheny County’s certified results, which include those ballots.

Brewster, a McKeesport Democrat, holds a 73-vote lead out of more than 132,000 votes cast.

 
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Brewster, Ziccarelli Race Still Too Close to Call

November 24, 2020 |

By Jason Togyer | Posted in: Politics & Elections

The Pennsylvania Supreme Court has upheld Allegheny County’s decision to count absentee and mail-in ballots that were signed, but not dated.

The 4-3 decision Monday affects ballots in both Allegheny and Philadelphia counties — and is crucial in the 45th Senatorial District race between state Sen. Jim Brewster, McKeesport Democrat, and challenger Nicole Ziccarelli, Lower Burrell Republican.

Brewster and Ziccarelli were tied last week as Westmoreland County officials continued to review disputed ballots. On Monday, after additional ballots were reviewed, accepted and counted in Westmoreland, Ziccarelli moved into a 4-vote lead out of 131,968 votes cast, according to reports posted on the county’s website.

If Allegheny County now counts and certifies its remaining 2,349 ballots, Brewster would move into a 96-vote lead, according to public figures available on the election board’s website.

 
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Senate Race Tied as Count Continues

November 19, 2020 |

By Jason Togyer | Posted in: Politics & Elections

The race between state Sen. Jim Brewster and challenger Nicole Ziccarelli is now tied at 65,978 votes each.

As of Wednesday, Brewster, a McKeesport Democrat, had been leading Ziccarelli, Republican of Lower Burrell, by 28 votes. Brewster is seeking re-election to his third full term representing the 45th Senatorial District.

Westmoreland County on Thursday counted additional provisional and mail-in ballots that had been held for further review. The count added 141 votes for Brewster and 169 for Ziccarelli.

Another court hearing is scheduled on Friday before Westmoreland County Judge Harry Smail Jr. regarding the remaining provisional ballots that have not yet been counted.

 
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Pa. Supreme Court Asked for Ruling
on 45th District Senate Race

November 18, 2020 |

By Jason Togyer | Posted in: Politics & Elections

EDITED to clarify that the current totals do not reflect the disputed absentee ballots.


The future of Pennsylvania’s 45th Senatorial District is now in the hands of the state Supreme Court.

Republican Nicole Ziccarelli of Lower Burrell on Wednesday afternoon filed an emergency petition asking the state’s highest court to use its powers of “extraordinary relief” to rule that 2,349 of Allegheny County’s absentee ballots are invalid and cannot be counted.

State Sen. Jim Brewster, McKeesport Democrat, currently holds a 28-vote lead over his challenger, Ziccarelli. Brewster is seeking re-election to his third four-year term.

The Allegheny County Board of Elections voted 2-1 to accept the ballots, which were signed by voters but not dated. The ballots have not yet been counted.

On Wednesday morning, Allegheny County Judge Joseph M. James upheld the board’s decision.

“In light of the fact that there is no fraud, a technical omission on an envelope should not render a ballot invalid,” he wrote in his decision. “These ballots must be counted.”

Ziccarelli’s attorneys also are appealing James’s decision in Pennsylvania Commonwealth Court.

 
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Pisciottano, Davis Leading in Early Returns

November 05, 2020 |

By Jason Togyer | Posted in: Politics & Elections

State Rep. Austin Davis appears to be headed to his second full term in the Pennsylvania General Assembly, while Nick Pisciottano of West Mifflin is the favorite to replace retiring state Rep. Bill Kortz.

According to unofficial returns from the Allegheny County Elections Division, with all 84 precincts reporting, Davis, a Democrat from McKeesport, received 19,704 votes. Davis was facing a write-in campaign from Don Nevills of Clairton.

The county said 1,643 write-in votes were recorded. All of the numbers are still subject to change and have not yet been certified by county officials.

 
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