Inquirer: Ballots Challenged Have the “Potential To ‘Impact … the Outcome of the Election,’ McCormick’s Attorney George Bochetto Wrote”
PENNSYLVANIA – Today, the Philadelphia Inquirer wrote that Republican Dave McCormick filed lawsuits to challenge provisional ballots in Philadelphia despite declaring victory.
Philadelphia Inquirer: Despite Claiming Victory, McCormick Challenging Provisional Ballots in Philly
Republican Dave McCormick may have declared victory in his U.S. Senate race over incumbent Democrat Bob Casey, but in court, the race is still very much an ongoing concern.
McCormick filed a pair of lawsuits Friday morning in Philadelphia challenging 15,000 to 20,000 provisional ballots that city elections officials were set to consider counting this morning.
In a contest where McCormick narrowly leads Casey by roughly 30,000 votes, whether those ballots in Philadelphia – and similarly cast provisional votes from voters in other counties – are counted has the potential to “impact … the outcome of the election,” McCormick’s attorney George Bochetto wrote.
The McCormick campaign did not immediately respond to questions about the lawsuits, including why the filings suggested the ballots could affect the outcome of the election when McCormick has declared victory and said there’s no way Casey could win.
Tens of thousands of voters cast provisional ballots each election for any number of reasons ranging from confusion over whether they are registered to vote to instances where they may have submitted a flawed mail ballot that was rejected but later showed up to cast a ballot at the polls.
County election workers typically hold off on reviewing them to verify a voter’s eligibility and determine whether they should count until after tabulating ballots where those decisions are more straightforward.
Philadelphia’s City Commissioners began that process Friday morning, reviewing provisional ballots – and determining which of the 15,000 to 20,000 should count and which should be rejected. The city and many of its surrounding suburban counties, all Democratic strongholds, are believed to be Casey’s strongest opportunity to make up ground against McCormick with the counting of provisional votes.
Specifically, McCormick is seeking a court order allowing Republicans to challenge some of those provisional ballots in broad categories – such as those missing a voter’s signature or in instances where the ballot is missing a required secrecy envelope – instead of fighting them one-by-one in front of the board.
Additionally, McCormick’s campaign asked a judge to order the board to keep a sequester an unnamed number of provisional ballots that were cast by voters at the polls who’d previously submitted mail ballots that were rejected for procedural defects.
The Pennsylvania Supreme Court ruled last month that those provisional ballots should be counted, rebuffing a Republican push for their exclusion under the argument that those voters had already voted by submitting a ballot – even a rejected one – by mail.
The GOP appealed that order to the U.S. Supreme Court, which declined to take up the case for now. However, three of the court’s conservative justices – Samuel A. Alito Jr., Clarence Thomas, and Neil Gorsuch – signaled a potential willingness to reconsider the issue after the election, calling it “a matter of considerable importance.”
In his filing Friday, McCormick said he intends to challenge provisional ballots that fall into that bucket.
