Sen. Mike Lee, R-Utah, criticized Sen. Bob Casey, D-Penn., for refusing to concede the election, suggesting that the Senate might refuse to seat him if he relies on illegal votes. Lee referenced Article I, Section 5, Clause 1 of the Constitution, which gives each house of Congress the authority to judge the elections and qualifications of its members.
This statement comes as Pennsylvania’s Senate race is headed for a recount after Republican Sen.-elect Dave McCormick won by about 26,000 votes, which falls within the one percent margin that triggers an automatic recount under state law.
Despite multiple outlets calling the race, Casey has not conceded and insists that all votes should be counted. However, there are concerns about the ballots Casey wants included, as the Pennsylvania Supreme Court ruled that ballots missing required signatures and dates should not be counted, a ruling which Democratic officials in Philadelphia and surrounding counties have reportedly ignored.
Bucks County Commissioner Diane Ellis-Marseglia, a Democrat, defended the actions, stating that laws are being violated because counting the votes is more important than legal precedent.
Republican National Committee Chairman Michael Whatley condemned the actions, accusing Pennsylvania Democrats of trying to steal the election by counting illegal ballots. Lee has urged Casey to step down and allow McCormick to take his seat.