The Pennsylvania Election Board is under siege again as U.S. Senate Candidate David McCormick filed a lawsuit Monday over undated mail-in and absentee ballots.
According to Decision Desk, McCormick trails Republican rival Dr. Mehmet Oz by less than 1,000 votes. McCormick’s lawsuit alleges the election board must tally ballots without a date on the envelope.
PA Republican Senate Update:
Mehmet Oz 418,691 (31.15%)
David McCormick 417,708 (31.08%)
Kathy Barnette 330,7974 (24.61%)
McCormick reduces Oz's lead by 27 votes since last update
Race within recount rangehttps://t.co/h9iDUG2atc
— Decision Desk HQ (@DecisionDeskHQ) May 23, 2022
The lawsuit argues the ballots’ indisputableness. They were returned on time, date-stamped on arrival, and suggested no fraud or irregularity. Instead, the lawsuit claims the board is “disenfranchising voters” for a technical error that is “immaterial under both state and federal law.”
The lawsuit follows a federal court decision on Friday, declaring unmarked ballots from a 2021 Pennsylvania county race to be counted. However, Go Erie reported the federal court decision affects just ten ballots in Blair County, according to Blair County Solicitor Nathan Karn.
The Oz campaign said McCormick was a “formidable opponent.” On Saturday, campaign manager Cathy Contres said that Oz had his sights on securing “America’s democratic process.”
Contres noted that Democratic nominee John Fetterman didn’t “even want to require Pennsylvanians to show ID to vote.”
She added, “As a party and as a people, Dr. Mehmet Oz believes we must restore faith in our government institutions.”
Oz was the most “polarizing Republican candidate,” according to a poll taken by Emerson College. While leading slightly in the race, 48% of Republicans reported a “somewhat or strongly unfavorable” opinion of Oz. However, McCormick’s results came in at 32% “somewhat or strongly unfavorable” opinion.