Overview
- Rep. Brian Fitzpatrick filed a petition Thursday in Bucks County Court asking a judge to disqualify Commissioner Diane Ellis-Marseglia from the three-member county board of elections and to appoint a substitute before the Nov. 3 vote.
- The complaint cites specific acts it calls partisan bias, including Ellis-Marseglia attending events for Fitzpatrick’s opponent, holding a ‘Fire Fitz’ sign, and alleged removal of newspapers that carried a Fitzpatrick ad.
- Bucks County Solicitor Dan Grieser wrote that the Election Code does not allow removal for political speech, that commissioners must only recuse when they are candidates, and that Ellis-Marseglia will not step down because her speech is protected.
- The filing comes days before a close congressional race in a swing district and could affect who oversees close counts or recounts, with recent polls showing a narrow lead for Bob Harvie and the potential to influence certification timing.
- The case draws on a 2024 recount controversy and Ellis-Marseglia’s long service on the board, and it will test how courts weigh the appearance of bias against First Amendment protections and established county practice.