The Butler did it.
Others may have as well.
The list of counties that did not include disputed undated mail-in ballots in their primary election tallies to the Department of State (DOS) has grown from three to four with the addition of Butler County.
The DOS filed suit in Commonwealth Court against Berks, Fayette and Lancaster Counties in an effort to force the trio to certify their results. According to the Associated Press, lawyers for the DOS as well as Fayette County told Judge Renee Cohn Jubelirer that Butler County also had not officially reported such votes.
“We followed the law,” the chair of Butler County’s Board of Commissioners, Republican Leslie Osche, said Thursday. Osche declined to comment on a statement in a Tuesday letter to Cohn Jubelirer from Michael Fischer, a lawyer representing the Department of State, that the agency “may take further action shortly with respect to Butler County if necessary.”
Possible collateral damage could come in Fayette County in the 51st District as Matt Dowling (R-Fayette/Somerset), who won his primary, has announced his intention to retire from the House and wants to remove his name from the ballot. Since there has been no certification from the State, Dowling cannot officially step aside since has not officially been declared victorious. And state law dictates that August 15 is the last date for winners to withdraw from the general election.
“It has been an extremely frustrating position to be in right now, having made the difficult decision to move on in my private life and not go through this election cycle already,” Dowling said Thursday. He has filed suit against DOS seeking a Court order to withdraw.