Pennsylvania Democratic Sen. Bob Casey still refuses to concede that he lost earlier this month to Republican challenger David McCormick.

Casey is waiting on the results of a controversial recount, something which could get him kicked out of the Senate. 

Democratic officials openly flout law in election recount

Fox News noted that McCormick's 26,000-vote victory is small enough to trigger a mandatory recount under Pennsylvania law.

However, Democratic officials in some counties have insisted on counting ballots which lack required signatures and dates despite a state Supreme Court ruling which deemed them invalid.

One of them is Bucks County Commissioner Diane Ellis-Marseglia, who made headlines when she defended the practice last week.

"I think we all know that precedent by a court doesn’t matter anymore in this country," Fox News quoted Ellis-Marseglia as saying at a public meeting last Thursday.

"People violate laws anytime they want," she continued before adding, "So, for me, if I violate this law, it’s because I want a court to pay attention. There’s nothing more important than counting votes."

Sen. Mike Lee points out that senators could refuse to seat Casey

That didn't go over well with Utah Republican Sen. Mike Lee, who raised the prospect of barring him from taking a Senate seat.

If Bob Casey doesn’t concede, Pennsylvania keeps counting illegal votes, & Casey relies on those votes to claim victory, the Senate could refuse to seat him

Article I, Sec. 5, Cl. 1: “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members” https://t.co/LVPyKxnyMN

— Mike Lee (@BasedMikeLee) November 16, 2024

Lee warned in a social media post that if "Pennsylvania keeps counting illegal votes" and Casey claims victory as a result, then "the Senate could refuse to seat him."

He went on to cite Article I, Section 5 of the Constitution, which empowers the House and Senate to accept or reject new members.

State Supreme Court orders election officials to not count invalid votes

Meanwhile, the Bucks County GOP released a social media post of its own which celebrated a Pennsylvania Supreme Court order on Monday.

The order instructed county boards of election to comply with its earlier ruling and reiterated that undated and misdated ballots may not be counted by county election boards.

"This is a victory for election integrity and the rule of law," the Bucks County GOP declared. "We shall continue to work hard and be vigilant!"