Legal fight finally over, Sen. Brewster sworn in
By JEFF STITT
jstitt@yourmvi.com
State Sen. Jim Brewster was officially sworn in Wednesday morning for his third term serving the 45th District.
Brewster, a McKeesport Democrat, took the oath from Allegheny County Judge David Spurgeon, a White Oak resident, during a low-key ceremony in Harrisburg — in stark contrast to the chaos that erupted last week when Republican senators blocked him from being seated.
The senator’s wife, Linda Brewster, held the family Bible during the brief ceremony on the Senate floor. Lt. Gov. John Fetterman, who presides over Pennsylvania’s Senate, led the session.
Following the administration of the oath, those in the chamber applauded.
Brewster’s swearing-in was delayed due to a federal court case filed in late November by his opponent, Republican Nicole Ziccarelli, who challenged the validity of 311 ballots that weren’t dated on the exterior envelope.
U.S. District Judge J. Nicholas Ranjan on Tuesday upheld the decision by the Allegheny County Elections Board and the Pennsylvania Supreme Court to count the ballots and Ziccarelli conceded.
The state had certified Brewster’s 69-vote victory, but Republicans last week refused to seat Brewster while a federal court was considering Ziccarelli’s latest lawsuit to overturn the result.
In an ugly scene on the Senate floor, Democrats accused Republicans of breaking the law. Republicans insisted that senators have the constitutional authority to decide who should be seated in the chamber.
Republicans relented after Ranjan rejected Ziccarelli’s argument that Allegheny County’s decision to count mail-in ballots that lacked a handwritten date — and state court decisions allowing Allegheny County to count them — violated her rights and the rights of voters.
Ranjan refused to dispute the state high court’s ruling — despite Ziccarelli’s urging — and said it is binding on federal courts and nullifies Ziccarelli’s arguments that Allegheny County was wrong to count the ballots.
Ziccarelli afterward conceded and said she will not appeal. Republicans hold 28 of the chamber’s 50 seats.
Brewster’s district stretches from Allegheny County to Westmoreland County and includes communities in the Alle-Kiski Valley and the Mon Valley.
Westmoreland County elections officials opted not to count mail-in ballots that were in undated envelopes. Ziccarelli argued that voters and elections officials were being held to different standards in the two counties and that throwing out the 311 updated ballots would have resulted in her winning the race by about 24 votes.
Ziccarelli on Tuesday conceded to Brewster and in a prepared statement encouraged her supporters to offer their support to Brewster and his staff.
She said Brewster’s “razor-thin” win shows that the district is “divided right down the middle.”
Brewster won by 69 votes. He captured 66,261 votes to Ziccarelli’s 66,192 votes.
He was first elected to the Senate in a special election in 2010. He was re-elected in 2012, 2016, and 2020.
“It is an honor and privilege to serve the citizens in the 38 communities that are a part of the 45th District,” Brewster said Wednesday. “I will continue to pursue a broad agenda that is focused on families.
“My legislative proposals include measures to promote job creation, economic development, tax relief, education support and safety, and help for those who are in need.”
The victor said there are great challenges ahead for lawmakers this session. A budget deficit and the continuing challenges from the pandemic, he said. Even amid these substantive and difficult issues, he said that there was an opportunity to address issues involving local government.
“As the former mayor of McKeesport, I know the difficulties that economically-stressed communities face,” Brewster said. “Lawmakers in Harrisburg also need to focus on addressing the problems of small cities and struggling communities across Pennsylvania.”
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