BREAKING Candidate Dave McCormick, who trails opponent Mehmet Oz by less than 0.1% in the Republican primary election for U.S. Senate, sued in a state appeals court to have undated mail-in ballots counted by counties.
"These ballots were indisputably submitted on time — they were date-stamped upon receipt — and no fraud or irregularity has been alleged," the McCormick lawsuit said."The Boards' only basis for disenfranchising these voters is a technical error that is immaterial under both state and federal law."
In Philadelphia, where 104 Republican voters mailed in ballots undated, the county Commissioner Chairwoman Lisa Deeley said she thinks the city election board should count those ballots in the May 17 primary. The three-commissioner board will vote on whether to include those undated ballots this week before sending the unofficial election results to the state for certification.
"The undated ballots will go before the board for a vote this week and I plan to vote to count them, just like I have done every time this category has come up, even after they threatened to impeach me,” Deeley said, referring to previous election cycles since 2020 when opposition to mail-in ballots undated or unsigned were contested in court."I urge my fellow commissioners to join me in voting to count these ballots.
McCormick's lawsuit flies in direct opposition to Republican lawmakers and campaigns who in the last two years have sought to restrict the use of mail-in ballots, particularly those that don't fully comply with state laws governing voting by mail.
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