Rep. Brian Fitzpatrick demands county official recuse herself from board of elections, citing conflict of interest

EXCLUSIVE — Rep. Brian Fitzpatrick (R-PA) is demanding that a Bucks County commissioner recuse herself from serving on the board of elections this cycle, claiming her “partisan bias is on full display in this election,” according to a letter obtained by the Washington Examiner.In the letter, attorneys for Fitzpatrick write that Bucks County Commissioner Diane Ellis-Marseglia “cannot be trusted to exercise judgment, discretion and fairness in important matters involving the election of our public officials” because of her open support for Bob Harvie, the Democratic nominee against Fitzpatrick and a colleague of Ellis-Marseglia on the county commission.Ellis-Marseglia is alleged to have been captured on camera placing Harvie campaign signs in front of Fitzpatrick’s, as well as waving a “Fire Fitz” sign during a Harvie rally last week. “While such behavior is not untoward in a regular voter, it becomes abhorrent when you, as a quasi-judicial officer, who has previously violated the law and bragged about it, exhibit your bias and prejudice [in] so public a manner,” the letter says.The violation of the law in question refers to the commission’s 2024 decision to count unsigned ballots during the Senate recount between Dave McCormick and then-Sen. Bob Casey. The Pennsylvania Supreme Court had ruled that such an action was prohibited.McCormick narrowly prevailed over Casey by about 16,000 votes to flip a pivotal Senate seat.When asked about the move at the time, Ellis-Marseglia said, “I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want. … So, for me, if I violate this law, it’s because I want a court to pay attention to it.”The comments made national headlines, and Ellis-Marseglia later apologized for the comments, saying she let the “passion in my heart” get the best of her.The letter also alleges that Ellis-Marseglia removed copies of a local paper displaying a prominent pro-Fitzpatrick ad from the lobby of the county’s administrative building.Politicking as a county-elected official is not prohibited by law. However, Fitzpatrick and his campaign argue that serving on the elections board would constitute a conflict of interest, particularly if the congressional race and other contests are decided at the margin.The Pennsylvania Senate is also up for grabs next week, and Bucks County is home to multiple competitive state Senate races that could come down to the wire.Fitzpatrick’s campaign is giving Ellis-Marseglia until the end of the day Wednesday to recuse herself, at which point they will file a petition in the state’s Courts of Common Pleas asking to disqualify her from participating in the work of the board of elections.Fitzpatrick’s race could be the most competitive election of his career amid a toxic political environment for Republicans. Democrats have spent more than $13 million, more than they ever have, against Fitzpatrick, arguing that the independent-minded congressman is a vote to continue enabling Republicans.Fitzpatrick pushed back on the claim that he’s a rubber stamp for the party line.“All of our data says that people would prefer an independent-minded person rather than just swinging the pendulum rapidly to the left on somebody who’s going to be 100% party-line vote and on the left. It’s not what our district wants,” Fitzpatrick told the Washington Examiner.There are few extant independent polls of the race, but a recent New York Times-Siena College poll showed Harvie leading within the margin of error. Other Democratic-sponsored polls have shown Fitzpatrick with narrow leads, emboldening them to spend more in a seat former Vice President Kamala Harris won by less than a point.The race has been testy and, at times, personal. Fitzpatrick and his allies have said Harvie is the target of an FBI investigation. Harvie has denied the claims and has sued the super PAC for defamation.2026 MIDTERM ELECTIONS LIVE UPDATES: LATEST NEWS, RESULTS, AND ANALYSISHarvie and affiliated groups say Fitzpatrick has “changed” and is a supporter of President Donald Trump’s agenda. Fitzpatrick voted against the GOP tax and spending bill that Democrats have campaigned on this cycle.The Washington Examiner has reached out to Ellis-Marseglia and Harvie for comment.