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The Democratic Senatorial Campaign Committee (DSCC) and Sen. Bob Casey’s campaign have sued 10 county boards of elections, demanding they count provisional ballots that were already rejected.
Democratic election lawyer Marc Elias’ law firm filed the suits Monday on behalf of the plaintiffs who are seeking to count additional ballots after GOP Senate candidate Dave McCormick was declared the winner in the election against Casey. The rejected provisional ballots that Democrats want counted lack proper signatures, inner secrecy envelopes, or both.
The lawsuits claim that voters’ due process rights and the Help America Vote Act were violated because “procedural errors made by voters in casting their ballots are necessarily a result of a poll worker’s failure to provide required material or correct and accurate instructions to voters.”
There are more than 3,200 provisional ballots that were rejected in the 10 counties, which are Philadelphia, Lackawanna, Montgomery, Erie, Bucks, Dauphin, Delaware, York, Berks, and Lehigh.
A recount of the Senate race is set to occur after the results fell within the 0.5% threshold that automatically triggers it.
Pennsylvania Secretary of the Commonwealth Al Schmidt (R) said the counties must begin the recount by Nov. 20 and the process must be completed by noon on Nov. 26, according to NBC News. The results must then be reported by Nov. 27, and will be published after confirmation. The process is expected to cost the commonwealth more than $1 million.
The Pennsylvania Department of State reported that Democratic incumbent Casey received 3,350,972 (48.5%) votes and McCormick got 3,380,310 (48.93%).