Pennsylvania Republican Senate candidate Dave McCormick filed two lawsuits challenging provisional ballots in Philadelphia.
McCormick declared victory after The Associated Press projected Thursday that he beat Sen. Bob Casey (D-Pa.) in the key race.
Accordingv to The Hill, McCormick’s lawyers said Philadelphia plans to adjudicate between 15,000 and 20,000 provisional ballots and that his campaign intends to challenge “large groups” of them for not complying with statutory requirements. The Republican signaled he’s prepared to take the battle to the Supreme Court.
The Republican asked for court permission to challenge batches of ballots collectively rather than fighting each one individually, citing a need for efficiency. McCormick also asked that election officials only be allowed to adjudicate provisional ballots in the presence of a Republican Party representative.
“Plaintiff is concerned that the sheer number of provisional ballots will overwhelm the capacity for individual challenges, creating an impractical burden that risks errors or inconsistencies in the adjudication process,” McCormick’s lawyers wrote in court filings.
“Without the ability to make global challenges, Plaintiffs fear that potentially non-compliant ballots may be improperly counted, compromising the fairness and integrity of the election,” they continued.
McCormick’s new lawsuits set up the possibility the dispute, which is rooted in the “independent state legislature theory,” could return to the justices. The Senate candidate’s lawyers wrote in court filings that the litigation “is ripe for appeal to the United States Supreme Court.”
They asked that the challenged ballots be sequestered until the high court resolves the legal battle.
The lawsuits come as election officials begin their canvass of provisional ballots, which under Pennsylvania law does not commence until the Friday following Election Day. On Thursday, Philadelphia officials said they were still tallying how many provisional ballots were received.
Pennsylvania Secretary of State Al Schmidt (R) estimated Thursday there were at least 100,000 ballots remaining statewide, including provisional, military, overseas and Election Day votes.
“We urge patience as election workers continue to do this important work, especially in contests where the margins are very close,” Schmidt said.
This is a breaking news story. Please check back for updates.
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