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Pennsylvania lawmakers are set to elect a new House speaker today. It could be messy.

Leaders of each party have already accused one another of voter disenfranchisement and a “paperwork insurrection.”

The Pennsylvania State Capitol in Harrisburg.
The Pennsylvania State Capitol in Harrisburg.Read moreTom Gralish / Staff Photographer

UPDATE: A Democrat-turned-independent is now speaker of the Pa. House after a surprise vote


Pennsylvania Democrats in November won a narrow majority of seats in the state House for the first time in more than a decade. Sort of.

One of those members had died. Two more resigned after also winning higher office.

So now, as lawmakers are set to be sworn in Tuesday, it’s Republicans who hold a slight majority of seats — 101 to 99 — and are likely to control the chamber at the outset of the new legislative session.

It means that a normally unremarkable proceeding to elect the speaker of the House on Tuesday is likely to feature high drama. The leadership vote might even be delayed. Leaders of each party have already accused one another of voter disenfranchisement and a “paperwork insurrection.”

How we got here

Republicans headed into the November midterm elections with a 23-seat edge in the House. Democrats, aided by redistricting and state Attorney General Josh Shapiro’s 15-point victory in the governor’s race, defied expectations and won a net gain of 12 seats — just enough for the majority. In one key Montgomery County-based district, the Democrat won by just 63 votes.

» READ MORE: Josh Shapiro is aiming for a reset with Pa.’s Republican legislators as he prepares to become governor

With ballots still being counted, Democratic Party leaders were confident enough in their projection that they held a news conference outside Independence Hall on Nov. 9 — a day after the election — in which they referred to Rep. Joanna McClinton, the House Democratic leader, as the next speaker.

“Pennsylvania voters overwhelmingly rejected fear, Pennsylvania voters overwhelmingly rejected hatred, Pennsylvania voters overwhelmingly rejected division,” McClinton said at the time.

By Nov. 17, Democrats had won 102 seats — enough for a one-seat majority.

But vacancies made things more complicated. State Rep. Tony DeLuca (D., Allegheny) died shortly before the election but after ballots had been finalized, then won the seat. And in December, two more House Democrats from Allegheny County — Summer Lee and Austin Davis — resigned their seats after winning election to higher office. That left the party with just 99 seats to Republicans’ 101.

When will the vacant seats be filled?

Nevertheless, Democrats held a private swearing-in ceremony Dec. 7, appointing McClinton majority leader and “acting speaker.” She immediately moved to schedule special elections for the three offices on Feb. 7. House Republican leader Bryan Cutler filed a lawsuit, saying McClinton lacked the authority to do so because Democrats didn’t have a majority.

“Democrats hid their swearing-in ceremony and have been hiding from the truth ever since. Don’t fall for their distractions,” Cutler said last month.

Cutler was sworn in as House GOP leader on Dec. 12 and, claiming the authority of the chamber’s presiding officer, soon after issued what are known as writs of election. Under his plan, the elections for Lee’s and Davis’ seats would be held in May, the same day as the next primary election.

The litigation is ongoing in Commonwealth Court.

McClinton has said delaying the elections means residents in those districts won’t have representation in the House.

“While our majority is being contested by those who would disenfranchise about 200,000 voters in Allegheny County in their desperate attempts to cling to power, I’m confident that the will of the voters will ultimately prevail,” she said in a recent interview.

Cutler has said his caucus, in the meantime, may advance constitutional amendments requiring stricter voter ID requirements and making it easier for the legislature to reject administrative regulations, among others. The legislature passed those amendments in July and would need to pass them again in order to send the decision to voters. The amendment process does not involve the governor.

Who will be speaker?

At least one House Republican, Valerie Gaydos of Allegheny County, has signaled interest in a run for speaker. Gaydos circulated a letter to colleagues saying she’s “uniquely positioned to serve” in that role.

Cutler has said he doesn’t intend to seek the position.

To become speaker, a lawmaker must win a majority vote of House members. Rumors have swirled for weeks that one or more representatives could cross the aisle and vote for a speaker from the other party, but it’s unclear whether any such defection has materialized.

Given the narrow margins, there could be multiple nominees and rounds of balloting to decide the leadership election.

It’s possible lawmakers won’t even hold a vote on the speakership. Whomever the House clerk recognizes as majority leader can assume the responsibilities of the speaker during a leadership vacancy.

Staff writer Anna Orso contributed to this article.