Rep. Brian Fitzpatrick has asked Bucks County's Court of Common Pleas to remove Democratic Commissioner Diane Ellis-Marseglia from the county's Board of Elections and appoint a substitute before the November 3 election. The petition puts the board's composition and Ellis-Marseglia's participation in the election process at issue just days before voters go to the polls in one of the country's most closely watched congressional races.
Fitzpatrick's attorney, Geoffrey R. Johnson, argues in the petition that Ellis-Marseglia has a conflict of interest because of what he characterizes as partisan bias and her views on election law, according to the Washington Examiner. The filing alleges that her public support for Fitzpatrick's Democratic opponent, Bob Harvie, and hostility toward Fitzpatrick violate his due-process rights. It cites her holding a “Fire Fitz” sign at a recent rally and alleges she removed copies of the Bucks County Herald featuring a Fitzpatrick advertisement from the county administration building.
Ellis-Marseglia, sworn in as a Bucks County commissioner in 2008, has served on the three-member election board through 15 general elections. The board is chaired by Jordan Yeager and includes Republican member Gene DiGirolamo; it oversees county elections and certifies results, according to Bucks County government. Harvie also served on the board before recusing himself after launching his congressional campaign.
A Recusal Letter, Then a Lawsuit
Johnson sent Ellis-Marseglia a letter on October 27 requesting that she recuse herself, according to Inquirer.com. Bucks County Solicitor Dan Grieser replied on Wednesday that she would remain on the board, arguing that she has a First Amendment right to express her political views. Grieser said the Election Code requires recusal when a board member is on the ballot, not because of general political activity. He also pointed to past certifications of Republican victories, including Fitzpatrick's wins, a Republican sweep of county row offices and Donald Trump's narrow 2024 win in Bucks County.
The petition also relies on Ellis-Marseglia's remarks during the 2024 U.S. Senate recount between Bob Casey and Dave McCormick. It alleges she voted to count undated ballots despite a Pennsylvania Supreme Court ruling and notes that the Bucks County board was among several Democratic-led boards—including those in Philadelphia, Montgomery and Centre counties—that counted undated ballots that year. Ellis-Marseglia said at the time that court precedent no longer mattered in the country and that people violate laws whenever they want, adding that counting votes was paramount. She apologized a few days later, saying her remarks had been taken out of context, and later welcomed the state Supreme Court's reaffirmation of its ruling and the clarity it provided.
The board’s role and the 2024 ballot ruling
Bucks County says the Board of Elections Office receives precinct returns and canvasses, computes and certifies election results. In the separate 2024 ballot dispute, the Pennsylvania Supreme Court ordered the county not to count 405 incorrectly dated mail-in ballots. It was initially unclear whether the order also applied to 207 provisional ballots missing voter or election-official signatures, according to PhillyBurbs.
Echoes of a 2018 Comparison
The petition also addresses a 2018 precedent involving a county election official: then-Commissioner Robert Loughery publicly supported Fitzpatrick. Johnson says Loughery's actions were not comparable to Ellis-Marseglia's.
Harvie has accused Fitzpatrick of trying to undermine confidence in election administration because he fears losing. A New York Times-Siena College poll released the same week put Harvie 2 percentage points ahead. Democrats have spent money opposing Fitzpatrick this cycle, according to the Washington Examiner. Fitzpatrick had spent $2.81 million of his own between January 2025 and late April, per Inquirer.com's review of campaign finance reports. The Cook Political Report rates the 1st Congressional District as likely Republican. Bucks County voted for Bob Casey for Senate while also backing Trump in 2024.
A District That Could Tip the House
The Bucks County-based 1st Congressional District is one of four Pennsylvania swing districts that could help determine control of the U.S. House. Harvie is also pursuing a defamation lawsuit against a pro-Fitzpatrick PAC over attack ads, giving the campaign another legal dispute alongside Fitzpatrick's petition.
A Fitzpatrick campaign spokesperson did not immediately respond to a request for comment. Johnson offered no further comment on the filing beyond the petition. The court's response to the request, and whether it will act before voters cast their ballots, remain unresolved.
