The ball is now in the Court’s court.

House Republican Leader Bryan Cutler (R-Lancaster) has filed suit in Commonwealth Court seeking to have the Writs of Election issued by Rep. Joanna McClinton (D-Philadelphia) earlier this week declared invalid.

The lawsuit named the Department of State, acting Secretary of State Leigh Chapman and the Allegheny County Elections Board as defendants and seeks to prevent voters from filling three vacant seats in February that will determine majority control of the chamber.

McClinton had taken an oath of office to assume the Speaker’s position days prior and declared that special elections for the 32nd, 34th and 35th House District vacancies would take place on February 7.

Cutler’s suit states that “Representative McClinton issued the writs of election at issue without constitutional or statutory authority as she is neither Speaker of the House of Representatives nor is she Majority Leader.” It continues by saying that McClinton, who does not claim to be Speaker of the House, does claim she is the House Majority Leader which the suit says is not true.

At issue is control of the House, as Democrats won a majority by the slimmest of margins, 102-101, in November’s election. With the passing of Democrat Anthony DeLuca of the 32nd District in October, Republicans state that Democrats no longer have a majority and that control of the chamber is yet to be determined.

Complicating the issue was the resignations of Reps. Summer Lee and Austin Davis from the 34th and 35th House District seats. Lee (D-Allegheny) won election to the U.S. House in the 12th Congressional District, while Davis (D-Allegheny) won election as lieutenant governor.

Interestingly, on his final day as Speaker (Nov. 30), Cutler issued a writ of election calling for the special election to be held on Feb. 7, 2023, as well for the 32nd District.

The chamber will not have a speaker until Jan. 3. Chief Clerk Brooke Wheeler will preside over the House that day until representatives choose a speaker to run their chamber during the 2023-24 session.