(*The headline of this article was updated at 7:55 a.m. on Sunday, 11/12/22 to reflect novel reports on legal documents filed by the House GOP)
With a lawsuit to halt the special election and talk of a “paper insurrection,” little is certain about Jan. 3, when the General Assembly is scheduled to convene for its next session.
But in the coming weeks, many who follow Pennsylvania politics will argue that there is only one likely outcome: House Democrats will take control of the chamber with a one-vote majority after special elections for three open seats.
When this election could be held is itself currently in question after House Republican Leader Bryan Cutler made a statement Commonwealth Court action against Secretary of State Leigh Chapman demanding an injunction to stop them, the Associated Press reported on Saturday.
On Wednesday, Democratic leader Joanna McClinton of Philadelphia was sworn in as House majority leader, citing the 102 seats Democrats won in November. She then set a special election for Feb. 7 for House seats left vacant by the death of Republican Rep. Anthony DeLuca and the resignations of Reps. Austin Davis and Summer Lee, all of whom were Democrats from Allegheny County.
That prompted GOP leader Bryan Cutler of Lancaster County to renew his accusation that Democrats were waging a “paper insurrection” based on a nonexistent majority. Cutler filed a lawsuit to stop the election behind schedule Friday.
House Democratic Caucus spokeswoman Nicole Reigelman said the lawsuit is the latest attempt by Republicans to disenfranchise Pennsylvania voters and deny Allegheny County residents representation in the House.
“Under Pennsylvania law, an election certificate must be issued within 10 days of the vacancy,” Reigelman said in a statement. “After winning a majority of legislative districts in the November election – which is undisputed – Leader McClinton was sworn in earlier in the legislative session to serve as Speaker of the House to fulfill this constitutional requirement.
“There is only one reason to delay a special election for open legislative seats, and that is to deny nearly 200,000 voters the right to representation,” Reigelman said.
Democrats’ electoral victory boosted hope among party loyalists that they would take control of the House for the first time in 12 years.
Republicans were quick to point out that one of the Democratic elected representatives could not vote. To cast a vote in the House, a representative must be alive, physically present and sworn into office, Republicans said, leaving the House with a 101-101 split.
Then, even as McClinton announced her inauguration as majority leader on Wednesday, two Democratic elected officials resigned effective immediately, leaving Democrats with 99 votes.
Davis said he is stepping down to focus on his role as lieutenant governor-elect. Lee resigned before taking up her seat in the U.S. House of Representatives next month.
Adding to uncertainty over which party will control the lower house next month, the Legislative Reference Office said on Friday advisory opinion that neither party can claim a majority of 102 votes.
“From William Penn to Joanna McClinton, there has never been a more provocative and intricate dynamic,” said former Republican Bill DeWeese, a Washington County Democrat who was speaker of the House from 1993 to 1994.
Some Republicans told the Capital-Star that Democrats and McClinton overreached in demanding majority control.
“They need to take a position that the dead can vote,” said Republican Carl Metzgar of Somerset.
Metzgar said that while he did not have first-hand knowledge of the plans of House Republican leadership, he predicted that a lawsuit would be filed to determine Republican control of the House.
Republican political strategist Dennis Roddy said there is little Cutler can do to prevent a Democratic takeover if they win the Feb. 7 special election for Davis, DeLuca and Lee. All three are located in heavily Democratic neighborhoods in and around Pittsburgh.
But Roddy said: “Joanna McClinton is like a little child who can’t wait for Christmas and opens her presents on December 23.”
By forcing the issue and declaring control of the House, McClinton could have delayed her own case by inviting Republicans into a court fight, Roddy said.
Adam Bonin, a Democratic Party election lawyer in Philadelphia, says there is one thing at stake that both sides believe is worth fighting for.
In a night vote on July 8, Republicans in the House passed the bill Senate Bill No. 106 to amend the state Constitution to add language stating that the governing document does not guarantee any rights related to abortion or public financing of the procedure.
The bill also includes language requiring voters to show ID at the polls, allowing gubernatorial candidates to choose their running mates, creating an election audit system and allowing lawmakers to reject provisions without a possible veto from the governor.
Constitutional amendments must be passed twice in consecutive sessions before being sent to voters for final approval. They do not require the voivode’s signature.
“I think everything has to be looked at through a lens,” Bonin said. “If they have a gavel, they will try to put SB 106 on the ballot in May.”
Bonin said that was probably the only thing Republicans could accomplish with a short-lived minority and a Democratic governor.
“It can’t be about legislation,” Bonin said. “It’s about that power.”
Rep. Matthew Bradford of Montgomery said the period in which there will be 101 Republicans and 99 Democrats will be relatively tiny.
“Instead of playing musical chairs, we would like to address people’s concerns,” Bradford said.
Bradford would not say whether Republican leaders have expressed a willingness to compromise or whether Democrats believe they have the votes to choose McClinton as speaker. However, he noted that both Cutler and McClinton chose Feb. 7 for the special election.
That’s 60 days after Davis and Lee’s positions became vacant and the earliest a special election could be held.
“Whether the date is set by the former speaker or the current majority leader, there is unanimity to bring this to a conclusion as quickly as possible,” Bradford said.
