Democrats claim to hold power in the narrowly divided Pennsylvania House of Representatives, but a legislative agency in the state has given an opinion to the contrary.
The legal opinion came at the request of State Rep. Bryan Cutler (R-Lancaster County) who until recently was Speaker of the Pennsylvania House of Representatives.
It further states that “The vacant seat will be filled at a special election.”
The opinion concluded, “Under current law, an individual must at least be elected and living to qualify as a member of a legislative caucus. The Democratic Party won 102 House elections at the November 2022 general election, but the House Democratic Caucus is able to seat only 101 members due to the death of member-elect Anthony DeLuca. The House Democratic Caucus falls short of the 102 members necessary for a majority. “
The legal opinion was issued after two House Democrats resigned, further reducing the total number of members in the Democratic caucus to 99.
Despite the fact the number of Democrats in the Pennsylvania House has actually dropped below the number of Republicans, they still maintain to have the majority in the chamber.
State Rep. Joanna McClinton (D-Philadelphia) held an unannounced ceremony in the House on Wednesday where she was sworn in by a Delaware County county judge as the new majority leader.
Cutler called the move an “insurrection.”
The Republican Party in Pennsylvania is reportedly pursuing all its legal options to oppose the Democrats on their claim of holding a majority.
The Epoch Times attempted to contact McClinton’s office for comment but did not receive a response.