David McCormick filed a lawsuit challenging at least 15,000 provisional ballots in Philadelphia in the Pennsylvania Senate race, hours after claiming victory over Democratic Senator Bob Casey.
McCormick, a Republican, held a slight lead over Casey in the battleground state’s Senate election on Friday. McCormick’s campaign has declared victory, but Casey has not conceded the race, as Democrats note there are still some outstanding ballots, and the race may end up within the threshold for an automatic recount. The Associated Press projected McCormick as the winner, with 97 percent of the vote counted, but other outlets have not called the race.
On Friday, McCormick’s campaign filed a legal challenge to 15,000 to 20,000 provisional ballots in Philadelphia, a Democratic stronghold.
The petition, reported by The Philadelphia Inquirer, requests that the campaign can challenge these provisional ballots in groups, rather than challenges to individual ballots—as well as to “sequester provisional ballots cast by voters” who initially cast their ballots by mail but had those ballots rejected.
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Provisional ballots are given to voters who believe they are registered to vote but whose names don’t appear on the registration list at their polling place. Election officials then work to determine whether the individual was registered to vote.
McCormick’s attorneys wrote that these ballots could have “potential impact on the outcome of the election,” despite earlier claiming victory.
“A preliminary injunction is necessary to prevent immediate and irreparable harm that could result from the counting of these provisional ballots without proper judicial review. The potential inclusion of improperly counted ballots would compromise the integrity of the electoral process and infringe upon Plaintiffs’ rights,” the filing reads.
In a statement to Newsweek, Elizabeth Gregory, a McCormick spokesperson, said, “Yesterday, thanks to his insurmountable lead in vote counting, the AP called the race for Dave McCormick, officially naming him the next Senator for Pennsylvania. Dave is honored to have earned the support of Pennsylvanians all over the commonwealth, and looks forward to serving them in the United States Senate.”
Maddy McDaniel, a Casey spokesperson, criticized the lawsuit in a statement to Newsweek.
“The number of provisional ballots expected from areas that favor Senator Casey, like Philadelphia and its suburbs, is further proof that this race is too close to be called,” the statement said. “As the McCormick campaign admitted in their own lawsuit this morning, the counting of these ballots could have an ‘impact on the outcome of the election.’ With more than 100,000 ballots still left to count, we will continue to make sure Pennsylvanians’ voices are heard.”
McCormick led by less than 35,000 votes and Democrats are hoping any provisional ballots from Philadelphia and its suburbs could put Casey over the top, or at least keep the race close enough for a recount.
However, there are still more outstanding voters from Cambria County, which leans Republican, fueling GOP optimism that McCormick’s lead will hold.
The Pennsylvania government website reported the totals as 3,340,611 for McCormick and 3,308,681 for Casey as of 4:45 p.m. ET on Thursday, about a .47 percent difference.
Should the race remain within less than or equal to .5 percent of the total vote count, it would trigger an automatic recount, according to state law. Candidates can also request a recount, with no requirement for a specific margin and no set deadline for completion.