Three seats won by Democrats in November are now vacant, giving Republicans more House members for now and sowing uncertainty ahead of the legislative session.
More than a month after the elections in Pennsylvania, which were among the most closely watched in the country, a question remains unanswered in the state’s House of Representatives: Who, exactly, is in charge?
For now, both the Democratic and Republican parties are claiming a majority in the chamber, and representatives from both parties have declared themselves the House majority leader. Both are accusing the other party of ignoring the will of the voters, the rule of law or some combination thereof. With the House set to reconvene, and presumably to choose a speaker in less than three weeks, the question now sits with the courts.
Election Day was largely disappointing for Pennsylvania Republicans, who fell short in the race for governor, and, with the victory of John Fetterman, the generously tattooed Democrat, lost their seat in the U.S. Senate.
Democrats also won a majority of seats in the State House for the first time in a dozen years, even as Republicans maintained control of the State Senate. But the margin in the House appeared to be wafer-thin, 102-101, decided by fewer than 65 votes in a race in the Philadelphia suburbs. It turned out to be even more tenuous — one of the victorious lawmakers was dead.
In early October, Anthony DeLuca, 85, a Democrat who represented a district in the Pittsburgh suburbs and was the longest-serving member of the House, died of complications from lymphoma. His death occurred too close to the election to replace his name on the ballot, and, a month later, he was re-elected in a landslide.
Republicans saw a stalemate. Until a special election could be held in Mr. DeLuca’s district, they reasoned, each party had 101 representatives, and neither could claim a majority in the House.
An opinion issued last Wednesday by the Pennsylvania Legislative Reference Bureau, a nonpartisan advisory body, seemed to concur. “Under current law, an individual must at least be elected and living to qualify as a member of a legislative caucus,” the opinion concluded, adding that “the House Democratic Caucus falls short of the 102 members necessary for a majority.”
That same day, two Democratic representatives who had won their House races but who, in the same election, had been voted into higher office — Summer Lee, now an incoming U.S. congresswoman, and Austin Davis, Pennsylvania’s lieutenant governor-elect — formally resigned their House seats. Republicans concluded that they now had a majority outright, at least until special elections took place for all three seats.
Democrats saw things differently. Voters had chosen Democratic representatives in 102 of the state’s 203 districts, they said, and by particularly overwhelming margins in the three seats that are now vacant.
“We won 102 districts compared to the Republicans’ 101,” Joanna McClinton, the House Democratic leader — and, according to her, the majority leader — said in an interview. “It’s a fact, it’s indisputable.”
Within hours of her two fellow Democrats’ resignations last week, Ms. McClinton was sworn into office in an otherwise empty House chamber. She then scheduled elections for all three of the vacant seats on Feb. 7, the earliest date possible under state rules, and Pennsylvania’s acting secretary of state, a Democrat, signed off on the plan.
Republicans were livid, accusing the Democrats of having staged a “paperwork insurrection.” Within days, Representative Brian Cutler, the leader of the House Republicans, sued the secretary of state, arguing that Ms. McClinton was not the House majority leader and thus lacked the authority to set special elections.
On Monday morning, it was Mr. Cutler’s turn to be sworn in on the House floor. In an interview afterward, he said that since he was the House Republican leader and since there were 101 Republicans ready to take office, compared with 99 Democrats, “the math makes me the majority leader.”
Mr. Cutler said that he would soon submit his own dates for the special elections but that the recent moves by the Democrats had made it too complicated to figure out the dates just yet.
What happens now is anyone’s guess.
Adam Bonin, an elections lawyer in Philadelphia who has long worked with Democrats, said the stakes were significant. “This isn’t just about who’s in charge of this chamber for the first month,” he said. “This really is about all sorts of potential exercises of power.”
Among them is a Senate bill that would put a handful of constitutional amendments proposed by Republicans on a statewide ballot — including ones that would establish a voter ID requirement, expand the legislature’s power and assert that there is no state constitutional right to abortion. If each chamber approved the bill during the upcoming legislative session, the questions would be put to a statewide vote.
Some Democrats are also concerned that if Republicans control the House, even temporarily, they might change the rules to ensure that their choice for speaker keeps the job even if Democrats win control after the special elections.
Mr. Cutler said such speculation was premature, insisting that the first priority of the session should be electing a new speaker.
As for which party is in charge when that vote happens, it is too soon to say.
Source: Elections - nytimes.com
