Pennsylvania Senate Race: Recount Sparks Legal Battles Over Disqualified Ballots

Screenshot 2024-11-16 at 9.05.36 AM

The Pennsylvania Senate race between Republican Sen.-elect Dave McCormick and Democratic incumbent Bob Casey has taken a contentious turn as it heads into a costly recount estimated to surpass $1 million. Despite the Associated Press calling the race for McCormick, who holds a 26,000-vote lead, Casey has refused to concede, emphasizing the need to count every vote. Pennsylvania law mandates an automatic recount when the margin is within one percentage point, as it is here. However, debates over which votes should be included have ignited significant controversy.

Before the election, the Pennsylvania Supreme Court ruled that mail-in ballots lacking required signatures or dates should be excluded from official counts. Yet Democratic officials in blue counties, including Philadelphia, Bucks, Montgomery, and Centre, have openly defied this directive. Bucks County Commissioner Diane Ellis-Marseglia, a Democrat, justified the decision, stating, “People violate laws anytime they want. So, 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.”

Approximately 80,000 provisional ballots remain uncounted statewide, representing less than 2% of the total vote. While Casey faces an uphill battle to overcome McCormick’s lead, heated disputes over small batches of contested ballots have erupted in county meetings. Democrats argue that rejecting ballots over clerical errors infringes on voters’ constitutional rights. In Montgomery County, officials debated for 30 minutes over 180 provisional ballots without secrecy envelopes, ultimately deciding to count 501 contested votes to prevent voter disenfranchisement.

Similar clashes have unfolded across Bucks, Chester, and Delaware counties, with Democrats pushing to include votes deemed invalid under state law. Meanwhile, disputes over undated or incorrectly dated mail-in ballots have added another layer of complexity. Although lower courts have sided with Democrats on this issue, the Pennsylvania Supreme Court ruled that the law requires correct dates for mail ballots to count.

Republicans have decried the open defiance of legal precedent, with Republican National Committee Chairman Michael Whatley accusing Democrats of attempting to “steal a Senate seat” by counting illegal ballots. “This is the exact kind of left-wing election interference that undermines voter confidence,” Whatley wrote on X, pledging that the RNC would continue filing lawsuits to contest the inclusion of undated ballots.

Democrats, however, have defended their actions, pointing to McCormick’s own 2022 primary challenge against Dr. Mehmet Oz, where his campaign argued for the inclusion of contested ballots to ensure every vote was counted. Casey’s campaign and the Pennsylvania Department of State have countered Republican efforts by filing motions to allow counties to finalize their tallies without additional intervention from the high court.

With the state-mandated recount deadline looming on Nov. 26, election officials do not expect the outcome to change significantly. Both McCormick and Casey have spent the week in Washington, D.C., engaging in Senate activities and conference leadership meetings, respectively. Despite the legal and procedural battles, Pennsylvania voters remain in limbo as the recount unfolds, leaving the final chapter of this contentious race yet to be written.

Sources:

  • The Associated Press
  • Philadelphia Inquirer
  • Pennsylvania Supreme Court Ruling (Nov. 2024)
  • Getty Images
  • Republican National Committee Statements (via X)