Skip to content
Link copied to clipboard
Link copied to clipboard

Dave McCormick has been declared the winner in race against U.S. Sen. Bob Casey. But he’s still fighting the close race in court

Casey, the incumbent Democrat, has not conceded to his GOP opponent, who was leading Friday morning by a slim margin of roughly 30,000 votes.

U.S. Senate Candidate Dave McCormick speaks to supporters in North Philadelphia on Oct. 4.
U.S. Senate Candidate Dave McCormick speaks to supporters in North Philadelphia on Oct. 4.Read moreTyger Williams / Staff Photographer

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 Thursday 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.

» READ MORE: Casey hasn’t conceded the Senate race. What ballots are left and will there be a recount?

Tens of thousands of voters cast provisional ballots each election for a number of reasons, ranging from confusion over whether they are registered to vote to instances in which someone 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 such ballots until they can verify voter’s eligibility and determine whether their ballots should count.

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 best opportunity to make up ground against McCormick with the counting of provisional votes.

Despite that process, the Associated Press called the race for McCormick late Thursday, determining there was no remaining path for Casey to eke out a victory.

In his petition late Thursday, 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 instances in which a ballot is missing the required secrecy envelope — instead of fighting them one-by-one in front of the board.

Additionally, McCormick’s campaign asked a judge to issue an order ensuring Republican monitors could examine every provisional ballot under consideration. It’s also seeking an order to sequester an unspecified number of provisional ballots that were cast at the polls by voters who’d previously submitted mail ballots that were rejected for procedural defects such as missing dates or secrecy envelopes.

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 and, potentially, take that case back to the U.S. Supreme Court.

This is a developing story and will be updated.

Read the petition: