Newly-elected state lawmakers were sworn in Tuesday in Harrisburg with one noteworthy exception.
The Republic-controlled state senate did not allow Senator Jim Brewster of Allegheny County to take the oath of office because his race is still being contested.
Brewster told KDKA Radio that with discussions leading up to Tuesday's ceremony, he thought he would be sworn in. "Apparently in the late hours yesterday, discussions broke down and here we are today trying to get through a really a very nice program for new members coming in, newly elected members on both sides of the aisle. I really feel bad that it was disrupted by something as controversial as this," he said.
Election officials have certified Brewster the winner over challenger Nicole Ziccarelli, but many of the votes cast for him were mail-on ballots without a date on the outside envelope, which is a violation of state election rules.
Brewster said, "I'm probably the most bi-partisan elected official in Harrisburg by far and I have friends on both sides of the aisle. I can assure you that there were some over there that, while they had to support their caucus, they were not thrilled with how this was going.
"The fact of the matter is, we won the election. There's a Senate rule that says only the Senate can decide if they want to seat somebody. Now, normally, the process is you win an election, you get sworn in whether your a Democrat, Republican or Independent and it's over. In this particular instance, somebody - a handful of people - wanted to hang onto one of the last legal challenges that's been made to stop the swearing in and I guess the rest of their caucus decided to stand tall with their caucus.
"It got more contentious than I wanted it to be and frankly, because I wasn't sworn in, I couldn't speak on the matter," said Brewster.
"When the Democrats went up to be sworn in, they called me up and I could see that they had already removed the Lt. Governor from presiding over the meeting," he said. "Sometimes when we do things, we have to take a step back and wonder how this will be viewed by the public."
Brewster believes lawmakers on both sides of the aisle want to preserve the integrity of the democracy. "What makes America great - and the greatest country in the world," he said "is the fact that we never question or do anything to disturb the integrity of something as serious as winning an election or being sworn in... until today"
He said that he told Democratic leadership that he didn't want to stand in the way of other lawmakers being sworn in and decided to step aside while the process plays out. He told KDKA Radio that he plans to come back once the election results are finalized. "I'm gonna do what I've always done. I'm gonna lead in the Senate and I'm gonna bring unity to the Senate."
On Tuesday, Governor Tom Wolf issued the following statement on the refusal to seat Brewster:
"Republicans in Pennsylvania and nationally have spread disinformation and used it to subvert the democratic process. Sen. Jim Brewster rightfully won the 45th Senate District, but Senate Republicans are ignoring the voters in the district and refusing to swear him in as Senator. This is a shameful power grab that disgraces the institution.
"It is simply unethical and undemocratic to leave the district without a voice simply because the Republicans don't like the outcome of the election. Voters, not Harrisburg politicians, decided this election, and Sen. Brewster is the rightful winner.
"All ballots were counted and certified, and the results are accurate. Sen. Brewster received the most votes in this race and should be sworn in as the Senator for the 45th District. There is no precedent, and no legal rationale, for failing to do so.
"I will do everything in my power to ensure that voters have the final say in elections."
The state supreme court has upheld Brewster's victory, but now a federal court is considering the case.
