Rep. Brian Fitzpatrick (R-PA) filed a petition to disqualify Bucks County Commissioner Diane Ellis-Marseglia after she did not recuse herself from the county’s board of elections by Wednesday afternoon, as the congressman requested.
Fitzpatrick, who is in a tight race against Bucks County Commissioner Bob Harvie, initially wrote to Ellis-Marseglia on Tuesday requesting she step away from election proceedings.
The letter, first reported by the Washington Examiner, claims Ellis-Marseglia “cannot be trusted to exercise judgment, discretion and fairness in important matters involving the election of our public official” because she has openly supported Harvie, including holding a “Fire Fitz” sign during a recent rally.
Moreover, in 2024, Ellis-Marseglia voted to count unsigned ballots during the recount between then-Democratic Sen. Bob Casey and now-Sen. Dave McCormick (R-PA), despite the Pennsylvania Supreme Court’s prohibition.
Fitzpatrick’s campaign gave Ellis-Marseglia until the end of the day Wednesday to recuse herself, but, having not heard from her, filed the petition to try to force her hand.
The petition, filed in the state’s Court of Common Pleas, asks for Ellis-Marseglia’s disqualification from the county board of elections and for a substitute to be appointed for the 2026 elections.
“When a public official charged with overseeing or influencing the conduct of elections publicly expresses disdain for controlling election law for blatantly partisan purposes, and publicly expresses extreme partisan bias against candidates from opposing political parties, she has a clear conflict of interest,” the petition reads.
It continues, “To permit her to serve as a member of the Board of Elections in light of the foregoing appearance of impropriety would deny Rep. Fitzpatrick due process of law.”
Public support for a preferred candidate as a county-elected official does not violate any laws, as the petition notes a GOP commissioner endorsed and campaigned for Fitzpatrick in 2018.
Then-Commissioner Robert Loughery marched in a parade with Fitzpatrick holding signs during Fitzpatrick’s 2018 campaign.
However, Ellis-Marseglia’s “recent conduct,” the petition alleges, “goes well beyond” her “public endorsement of her friend and colleague” and, instead, “can only be characterized as ultra-level political activism which evinces an extreme partisan bias.”
The petition attaches security footage of Ellis-Marseglia allegedly removing newspapers displaying anti-Harvie advertisements from a government building.
Harvie criticized Fitzpatrick for the petition, likening him to President Donald Trump casting doubt on the election.
“It is deeply unfortunate that Brian Fitzpatrick is now following in the footsteps of Donald Trump by trying to sow doubt in the administration of an election because he is afraid of losing,” Harvie told the Washington Examiner in a statement. “After a decade in Washington, Fitzpatrick has changed and this is just another example.”
Fitzpatrick has proven difficult for Democrats to defeat, despite holding a toss-up seat. Democrats spent heavily against him during his first election in 2018 and again in 2020 but paid little attention to him over the next two cycles, as he proved tough to beat given his independent streak in the purple district. Then-Vice President Kamala Harris won the seat in 2024, making Fitzpatrick just one of two Republicans defending a district won by Harris.
His brother, the late Mark Fitzpatrick, also represented the district before him, making Fitzpatrick a household name in suburban Philadelphia.
This cycle, however, Democrats have made a concerted effort to knock off Fitzpatrick and have poured more than $13 million into the race. A recent New York Times-Siena University poll showed Harvie leading within the margin of error.
Bucks County also plays host to competitive state legislative races that could determine control of the Pennsylvania Senate. Ellis-Marseglia would oversee recounts in those races, as well as the congressional contest, if they are decided at the margins.