Commonwealth Court Nixes another PA Election Challenge Brought by Borowicz, Dush and Others

HARRISBURG, PA – Pennsylvania’s Commonwealth Court on Wednesday turned down another Republican effort to deny the certification of Pennsylvania’s Nov. 3 election results. Unsuccessful plaintiffs included 76th district state House Rep. Stephanie Borowicz and 25th district state Sen. Crish Dush.

Commonwealth Court President Judge Mary Hannah Leavitt, a Republican, issued a four-page opinion stating the appellants had waited too long to file their action. The suit had been filed on Friday of last week.

State Rep. Daryl Metcalfe was among the nine GOP legislators to file the suit. In it the plaintiffs were critical of decisions by state election officials and the state Supreme Court, claiming their actions were “so severely flawed it is impossible to certify the accuracy of the purported results.”

In her opinion, Judge Leavitt wrote the plaintiffs were “unable to demonstrate a clear right to relief or likelihood of prevailing on the merits,” noting the timeliness of their effort.

There was no immediate word if Metcalfe and the other parties to the suit plan to appeal.

The Wednesday Commonwealth Court decision came a day after the U.S. Supreme Court on Tuesday denied, without comment, an effort from 32 Republican legislators to overturn the Nov. 3 results. Among the 32 plaintiffs in that case were Clinton County’s two elected officials in Harrisburg, Rep. Borowicz and Sen. Dush.