Pennsylvania Republican Senate candidate David McCormick sued in Pennsylvania court to make county election boards count undated mail-in ballots.
McCormick, who is currently trailing Trump-endorsed candidate Mehmet Oz by approximately 1,000 ballots, argued in court that election officials must tally mail-in and absentee ballots that do not have a date on their envelopes.
The Daily Wire reports:
“These ballots were indisputably submitted on time — they were date-stamped upon receipt — and no fraud or irregularity has been alleged,” McCormick’s lawsuit argued. “The Boards’ only basis for disenfranchising these voters is a technical error that is immaterial under both state and federal law.”
The lawsuit — which follows a Friday federal court decision declaring that undated ballots in a 2021 Pennsylvania county judgeship election must be counted — therefore demands that the election boards count ballots “that were returned on time but that lack a handwritten date on the exterior mailing envelope.”
McCormick’s suit comes days after the Oz campaign alleged that his rival is “following the Democrats’ playbook” and eroding voters’ confidence in election integrity.
“David McCormick has been a formidable opponent, but it is becoming obvious that he is likely going to come up short to Dr. Mehmet Oz,” campaign manager Casey Contres said on Saturday. “Unfortunately, the McCormick legal team is following the Democrats’ playbook, a tactic that could have long-term harmful consequences for elections in the Commonwealth of Pennsylvania.”
Oz or McCormick will face Pennsylvania Lt. Gov. John Fetterman, the winner of the Democratic Senate primary, in November.
