Pennsylvania Senate contest headed toward a recount, and possibly litigation

HARRISBURG, Pa. — Pennsylvania’s U.S. Senate election between incumbent Democratic Sen. Bob Casey and Republican David McCormick is headed to a statewide recount as counties continued to sort through outstanding ballots on Wednesday and campaigns battled out a battle about which votes should count.

The Associated Press called the breed for McCormick Last week, he concluded there weren’t enough ballots left to count in the areas Casey was winning so he could take the lead.

A noon deadline passed Wednesday for Casey to waive his right to a statewide recount, and Democratic Gov. Josh Shapiro’s top election official, Republican Secretary of State Al Schmidt, announced that the preliminary results prompted had ordered a legally mandated statewide recount.

As of Wednesday, McCormick led by about 28,000 votes out of more than 6.9 million ballots counted — within the 0.5% margin threshold to trigger an automatic statewide recount under Pennsylvania law.

Counties must begin the recount no later than November 20 and complete it by noon on November 26. It largely involves passing paper ballots through high-speed scanners, a process that former election officials used. saying that this may not change the outcome by well over a few hundred votes.

“It’s an infinitesimally small number compared to the total number of votes,” said Jeff Greenberg, former Mercer County elections director.

Meanwhile, McCormick was in Washington this week, attending Senate orientation and caucus meetings to make a choice new leader after the Republicans won control of the US Senate That was the case in last week’s elections Donald Trump win the White House.

Casey has not conceded, and as Republicans pressured him on social media, his campaign manager said in a statement Wednesday that “McCormick and his allies are trying to disenfranchise Pennsylvania voters.”

Adam Bonin, an attorney representing the Casey campaign in Philadelphia, said Republicans aggressively and systematically challenged the provisional ballots of registered Democrats, delaying the counting of votes.

“What we are seeing this year is more organized, more disciplined, more focused and more comprehensive than what we saw in 2020,” Bonin said.

McCormick’s campaign adviser, Mark Harris, said large Democratic-controlled counties are delaying the process by not adding the results of processed ballots to vote totals.

The McCormick campaign challenged provisional ballots that are legally allowed to be challenged, Harris said.

“This is clearly an attempt to use the law to take away our advantage,” Harris said. “This isn’t going to work. Dave McCormick is the Senator-elect and will be the Senator.”

Counties, meanwhile, were busy Wednesday processing tens of thousands of provisional ballots and hearing challenges against some of them from attorneys for Casey, McCormick and the state parties. A provisional ballot is typically cast at a polling place on Election Day and is separated from regular ballots in cases where election workers need more time to determine a voter’s eligibility to vote.

Litigation is possible. For example, Bucks County’s Democratic-majority Board of Elections voted to count more than 400 mail-in ballots that did not include a correct, handwritten date on the outer envelope — something Republicans object to and have repeatedly fought in court .

Bucks County’s decision is in line with several decisions in state and federal courts that have deemed it unconstitutional or illegal to discard such ballots. But higher courts – including the state Supreme Court most recent on November 1 – have blocked these decisions, while a lawsuit is still pending.

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Follow Marc Levy twitter.com/timelywriter.

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