Republican U.S. Senate candidate David McCormick of Pennsylvania sought a court order that would allow him to challenge provisional ballots en masse in Philadelphia.
This is a race that he appears to have won, according to court papers.
The counting of the estimated 15,000 to 20,000 provisional ballots cast in Philadelphia was scheduled to begin on Friday, according to McCormick’s filing in the Court of Common Pleas in Philadelphia.
Philadelphia is a Democratic Party stronghold.
McCormick leads incumbent Senator Bob Casey, a Democrat, by about 34,600 votes with 98% of the expected total statewide vote counted, according to Edison Research.
The Associated Press on Thursday projected McCormick had won the seat, which would add to Republicans’ majority in the Senate beginning next year.
Casey’s campaign said on Friday that the race was too close to be called.
An automatic recount will be conducted if the race is decided by half a percentage point or less.
This is about the margin of McCormick’s lead before the provisional ballots were counted.
Provisional ballots are cast when there are questions about a voter’s eligibility, which officials investigate after the election.
McCormick said he should be allowed to make mass challenges to provisional ballots with similar problems.
He said that the sheer volume of ballots will overwhelm the ability of Republican officials to do so individually.
“Plaintiffs fear that potentially non-compliant ballots may be improperly counted, compromising the fairness and integrity of the election,” said McCormick’s court filing.
McCormick also asked the court to sequester provisional ballots cast by voters who had their mail-in or absentee ballots rejected for a defect.
This defect refers to a missing inner secrecy envelope, pending a ruling by the U.S. Supreme Court.
The Pennsylvania Supreme Court said those provisional ballots must be counted.
The Republican Party however has appealed the case to the U.S. Supreme Court, which has not addressed the merits of the case.
