U.S. Senate candidate McCormick pursues election in Philadelphia

Adam Bonin, the campaign attorney for outgoing Democratic Sen. Bob Caseys, told WHYY News the lawsuits are an attempt to gum up the process.

There are very clear procedures in the election code for how provisional ballots can be reviewed and challenged, he said. And it's an individual review where a Board of Elections staff member looks at a ballot envelope, looks for the voter, that's when a Mr. McCormick observer in the room may decide to challenge the rule prohibiting this ballot. There's nothing in the election code that says anything about mass challenges of the kind they're looking for here.

Bonin added that the issue regarding potentially problematic absentee ballots is fully resolved by the state Supreme Court.

With up to 20,000 provisional ballots expected to be counted starting this morning, the results will determine whether the race will be recounted. McCormick is currently leading by less than 35,000 votes, or about 0.05%, the threshold for an automatic recount.

Casey won Democratic-heavy Philadelphia with nearly 85 percent of the vote, suggesting a large majority of provisional votes will also stand in his way.

Like mail-in ballots, provisional ballots are generally considered invalid when the envelope in which they are submitted is not signed by the voter, in which the signature is not authentic or is not not signed by the same person, or in which the ballot was submitted without a secrecy envelope.

The provisional ballots in question were issued to voters whose absentee ballots were rejected and that same voter then showed up to vote in person. Provisional ballots must also be placed in secrecy envelopes and signed in front of an election official at the polling location.

Republicans had previously challenged mail-in ballots that lacked proper signatures and dates on the outside of the envelopes. Just days before the election, the Republican National Committee and the Republican Party of Pennsylvania asked the U.S. Supreme Court to block a Pennsylvania Supreme Court ruling requiring election boards to count provisional ballots submitted by voters whose mail-in ballots were found to be invalid. for these reasons.

McCormick had already claimed victory in the race, backed by the Associated Press, which declared him the winner on Thursday.

Yesterday, thanks to its insurmountable lead in the vote count, the AP opened the race for Dave McCormick, officially nominating him as Pennsylvania's next senator, McCormick spokeswoman Elizabeth Gregory said in a statement. Dave is honored to have earned the support of Pennsylvanians across the Commonwealth and looks forward to serving them in the United States Senate.

Although the PA conducts races based on its own projections, election results are officially certified by the Secretary of the Commonwealth after votes are tabulated by county election officials.

Maddy McDaniel, Bob Casey's Senate spokeswoman, released a statement saying expected runoffs in areas favorable to Sen. Casey, like Philadelphia and its suburbs, are further evidence that this race is too close to call.

As the McCormick campaign admitted in its own lawsuit this morning, the counting of those ballots could impact the outcome of the election, McDaniel said. With more than 100,000 ballots left to count, we will continue to ensure Pennsylvanians' voices are heard.

The McCormick campaign also demanded that an additional Republican observer monitor the process. Pennsylvania law allows one observer per political party and one observer for each candidate in an election, giving Democrats 37 and Republicans 11.

McCormick alleges that Republicans may not have enough representatives to be present during the counting of each provisional ballot to ensure that counters properly challenge the ballots.

EDITOR'S NOTE: This story has been updated to include hearing results, comments from the Casey campaign attorney and other new information.

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