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Dave McCormick files suit challenging provisional ballots

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ARE YOU GOING THROUGH ALL OF THIS TROUBLE FOR THE MCCORMICK CAMPAIGN TO FILE SUIT? LATE LAST NIGHT ON AN EMERGENCY BASIS, TRYING TO CHANGE THE RULES IN THEIR FAVOR FOR THIS PROCESS SAYS SOMETHING ABOUT HOW THEY SEE THE RACE AT THIS POINT. THEY’RE NOT ACTING LIKE IT’S OVER. PROJECTED SENATE WINNER DAVE MCCORMICK FILING LAWSUITS IN PHILADELPHIA THAT COULD AFFECT WHETHER THOUSANDS OF PROVISIONAL BALLOTS COULD BE COUNTED, EVEN THOUGH HE’S AHEAD BY OVER 30,000 VOTES. MCCORMICK’S LAWYERS, WRITING IN THE PHILADELPHIA LAWSUIT, QUOTE, DEMAND RELIEF THAT PERMITS PLAINTIFF TO MAKE GLOBAL CHALLENGES TO LARGE GROUPS OF PROVISIONAL BALLOTS THAT SHARE THE SAME DEFICIENCIES. BOB CASEY’S CAMPAIGN LAWYER SAYS IT WON’T FLY. THERE IS NOTHING IN THE LAW THAT SAYS THAT YOU CAN JUST MASS CHALLENGE BALLOTS. YOU HAVE TO, YOU KNOW, CHALLENGE EACH INDIVIDUAL BALLOT FOR A REASON. AND THEY WANTED TO SHORT CIRCUIT THAT PROCESS. ALLEGHENY COUNTY IS ALREADY COMBING THROUGH THOSE PROVISIONAL BALLOTS AND SAYING THEY’RE FOLLOWING THE LONGTIME OFFICIAL PROCESS. IF YOU RETURN TO YOUR PROVISIONAL AND DIDN’T GET THE NOTIFICATION WITH YOUR BALLOT WAS ACCEPTED, EMAIL. SOME PEOPLE WILL STILL GO TO THEIR POLLING PLACE AND VOTE A PROVISIONAL. BUT IF WE ALREADY HAVE ACCEPTED YOUR MAIL IN BALLOT, THAT PROVISIONAL WILL NOT BE COUNTED. SO WE HAVE TO GO THROUGH AND LOOK AT EACH ONE AND LOOK AT THE VARIOUS CIRCUMSTANCES TO DETERMINE WHETHER WE SHOULD COUNT IT OR NOT. AT MCCORMICK’S VICTORY RALLY TODAY, HIS CAMPAIGN REFUSED QUESTIONS FROM ACTION NEWS FOUR ON THE LAWSUIT. I’M. I’M NOT TAKING ANY MORE QUESTIONS ABOUT THIS NONSENSE. IF YOU WANT TO ASK ABOUT WHAT HE’S GOING TO DO AS A SENATOR, THAT’S FINE, BUT WE’RE NOT TAKING ANYTHING MORE ABOUT WHATEVER THIS OTHER QUESTIONS. YEAH. THANK YOU. PEOPLE WHO DID CAST A PROVISIONAL BALLOT IN THIS RACE ARE ABLE TO CALL AND CHECK. YOU CAN SEE IF YOUR BALLOT MIGHT BE CONTESTED. NOW, IT’S IMPORTANT TO NOTE WE HAVE ALSO REACHED OUT TO THE MCCORMICK CAMPAIGN FOR THE LATEST. AND ANY CLARIFICATIONS ON THESE LAWSUITS TONIGHT. REPORTING LIVE T

Dave McCormick files lawsuits challenging provisional ballots in Philadelphia

Republican U.S. Senate candidate Dave McCormick has filed suit against the Philadelphia Board of Elections and three city commissioners over provisional ballots. On Friday night, the lawyer for incumbent Democratic Sen. Bob Casey told Pittsburgh’s Action News 4 that McCormick originally filed two suits. He said one was thrown out.When it comes to the suit over challenging provisional ballots as a group, lawyer Adam Bonin said McCormick isn’t seeking emergency relief but has the option to revisit it. “For the McCormick campaign to file suit late last night on an emergency basis, trying to change the rules in their favor for this process, says something about how they see the race. At this point, they’re not acting like it’s over,” Bonin said. “There is nothing in the law that says that you can just mass challenge ballots. You have to challenge each individual ballot for a reason, and they wanted to short-circuit that process.”McCormick was leading Casey by 0.54% with 98% of precincts reporting as of Friday night. The AP projected McCormick as the winner on Thursday, but Casey is not conceding because there are still thousands of ballots to be counted. Philadelphia is currently examining and adjudicating provisional ballots. According to the lawsuit, there are approximately 15,000 to 20,000 of them. The suit, filed in the Court of Common Pleas in Philadelphia, asks the court to allow McCormick to make “global challenges” to large groups of provisional ballots that share the same deficiencies, such as “missing signatures on the affidavit, a provisional ballot envelope that lacks a secrecy envelope, or discrepancies where the required signature on the affidavit and the envelope do not match will render the ballot invalid and thus result in the ballot being excluded from the count.”Citing a recent Supreme Court decision, the suit also asks the court to sequester and hold provisional ballots from voters who had requested mail-in or absentee ballots. Pennsylvania secretary of state urges patienceOn Thursday, Secretary of State Al Schmidt announced that more than 100,000 ballots, including provisional, military, overseas, and some Election Day votes, were yet to be counted. Schmidt posted on social media platform X, saying in part:”We urge patience as election workers continue to do this important work, especially in contests where the margins are very close.”Casey not concedingThe senator’s team said the race cannot be called with thousands of votes still being tabulated:”As the Pennsylvania Secretary of State said this afternoon, there are tens of thousands of ballots across the Commonwealth still to count, which includes provisional ballots, military and overseas ballots, and mail ballots. This race is within half a point and cannot be called while the votes of thousands of Pennsylvanians are still being counted. We will make sure every Pennsylvanian’s voice is heard.”McCormick Statement prior to projected winPrior to the projection, McCormick’s campaign claimed the Republican challenger would be the next senator for the Keystone State.”McCormick is up 30,679 votes with more to come, as ruby red Cambria County is still outstanding. While votes continue to be counted, any way you slice it, Dave McCormick will be the next United States Senator from Pennsylvania,” Elizabeth Gregory, McCormick’s communications director, said.U.S. Senate: Bob Casey vs. Dave McCormick CURRENT TOTAL | With 98% of the vote in, McCormick has 48.99% of the vote while Casey has 48.45%.MARGIN | That’s just a 0.54% lead for McCormick. The total vote difference is 36,721.AUTOMATIC RECOUNT | Any statewide race in Pennsylvania decided by 0.5% or less is automatically recounted.

Republican U.S. Senate candidate Dave McCormick has filed suit against the Philadelphia Board of Elections and three city commissioners over provisional ballots.

On Friday night, the lawyer for incumbent Democratic Sen. Bob Casey told Pittsburgh’s Action News 4 that McCormick originally filed two suits. He said one was thrown out.

When it comes to the suit over challenging provisional ballots as a group, lawyer Adam Bonin said McCormick isn’t seeking emergency relief but has the option to revisit it.

“For the McCormick campaign to file suit late last night on an emergency basis, trying to change the rules in their favor for this process, says something about how they see the race. At this point, they’re not acting like it’s over,” Bonin said. “There is nothing in the law that says that you can just mass challenge ballots. You have to challenge each individual ballot for a reason, and they wanted to short-circuit that process.”

McCormick was leading Casey by 0.54% with 98% of precincts reporting as of Friday night. The AP projected McCormick as the winner on Thursday, but Casey is not conceding because there are still thousands of ballots to be counted.

Philadelphia is currently examining and adjudicating provisional ballots. According to the lawsuit, there are approximately 15,000 to 20,000 of them.

The suit, filed in the Court of Common Pleas in Philadelphia, asks the court to allow McCormick to make “global challenges” to large groups of provisional ballots that share the same deficiencies, such as “missing signatures on the affidavit, a provisional ballot envelope that lacks a secrecy envelope, or discrepancies where the required signature on the affidavit and the envelope do not match will render the ballot invalid and thus result in the ballot being excluded from the count.”

Citing a recent Supreme Court decision, the suit also asks the court to sequester and hold provisional ballots from voters who had requested mail-in or absentee ballots.

Pennsylvania secretary of state urges patience

On Thursday, Secretary of State Al Schmidt announced that more than 100,000 ballots, including provisional, military, overseas, and some Election Day votes, were yet to be counted.

Schmidt posted on social media platform X, saying in part:

“We urge patience as election workers continue to do this important work, especially in contests where the margins are very close.”

Casey not conceding

The senator’s team said the race cannot be called with thousands of votes still being tabulated:

“As the Pennsylvania Secretary of State said this afternoon, there are tens of thousands of ballots across the Commonwealth still to count, which includes provisional ballots, military and overseas ballots, and mail ballots. This race is within half a point and cannot be called while the votes of thousands of Pennsylvanians are still being counted. We will make sure every Pennsylvanian’s voice is heard.”

McCormick Statement prior to projected win

Prior to the projection, McCormick’s campaign claimed the Republican challenger would be the next senator for the Keystone State.

“McCormick is up 30,679 votes with more to come, as ruby red Cambria County is still outstanding. While votes continue to be counted, any way you slice it, Dave McCormick will be the next United States Senator from Pennsylvania,” Elizabeth Gregory, McCormick’s communications director, said.

U.S. Senate: Bob Casey vs. Dave McCormick

CURRENT TOTAL | With 98% of the vote in, McCormick has 48.99% of the vote while Casey has 48.45%.

MARGIN | That’s just a 0.54% lead for McCormick. The total vote difference is 36,721.

AUTOMATIC RECOUNT | Any statewide race in Pennsylvania decided by 0.5% or less is automatically recounted.





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