(LibertySociety.com) – The contested Pennsylvania Senate race between Republican Sen.-elect Dave McCormick and Democratic incumbent Sen. Bob Casey has escalated into a legal and political battle over the counting of disqualified ballots. Democratic officials in key blue counties are openly defying a Pennsylvania Supreme Court ruling that certain mail ballots lacking required signatures or dates should not be included in the final tally.
McCormick, who holds a 26,000-vote lead, has been projected the winner by the Associated Press. However, Casey has refused to concede, citing the need to count every vote. With the race’s margin falling within one percentage point, Pennsylvania law mandates an automatic recount. The process has intensified disputes over whether ballots deemed invalid under state law should be included.
Democratic officials in Philadelphia and the surrounding Bucks, Montgomery, and Centre counties have rejected Republican challenges to ballots without signatures, dates, or proper envelopes, arguing that rejecting these votes would disenfranchise voters. Bucks County Commissioner Diane Ellis-Marseglia, a Democrat, defended the decision to count these ballots, stating, “People violate laws anytime they want. For me, if I violate this law, it’s because I want a court to pay attention. There’s nothing more important than counting votes.”
Montgomery County officials debated whether to count 180 provisional ballots missing secrecy envelopes, ultimately deciding to accept some of them to avoid disenfranchisement. Democratic board chair Neil Makhija emphasized, “We’re talking about constitutional rights, and I cannot take an action to throw out someone’s ballot that is validly cast.” Similar disputes have occurred in other counties.
The Pennsylvania Supreme Court had ruled before the election that mail ballots must include correct dates to be counted. Despite this, several lower courts and Democratic officials have argued that minor errors, such as incorrect dates, should not invalidate a vote. This has led to a clash of legal interpretations and further litigation.
The McCormick campaign, supported by the Republican National Committee (RNC), has filed multiple lawsuits to ensure compliance with the Supreme Court’s decision. RNC Chairman Michael Whatley accused Democrats of attempting to “steal a senate seat” by counting illegal ballots and vowed to fight the issue in court. “This is the exact kind of left-wing election interference that undermines voter confidence,” Whatley stated.
The recount, which must be completed by November 26, is not expected to alter the race’s outcome significantly. However, the ongoing legal battles and the defiance of court rulings have heightened tensions and drawn national attention to the state’s election process.
As the recount proceeds, McCormick has begun participating in new member orientation for the incoming Republican Senate majority, while Casey continues to engage in official Senate business in Washington. The broader implications of this dispute may linger, raising questions about election integrity and the role of the courts in enforcing state election laws.
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