Disputed Ballots in Pennsylvania Senate Race to Be Counted
By: Mark Niquette
So...........law, once again, gets trashed.
S E E D E D C O N T E N T
A Pennsylvania judge ruled that counties must count mail-in and absentee ballots with no handwritten date on a return envelope and report the results, a victory for former Bridgewater Associates Chief Executive David McCormick in his too-close-to-call Republican US Senate race with celebrity physician Mehmet Oz.
Commonwealth Court President Judge Renée Cohn Jubelirer directed the counties to count the disputed ballots and report one vote tally to the secretary of state that includes those ballots and another that does not, until a final decision is made about whether the ballots must be included in the final result.
The judge made the ruling Thursday as Pennsylvania counties complete an automatic recount of the race after Oz, the Republican National Committee and Republican Party of Pennsylvania argued the ballots are invalid based on established law.
“The absence of a handwritten date on the exterior envelope could be considered a ‘minor irregularity’ without a compelling reason that justifies the disenfranchisement of otherwise eligible voters,” the judge said in her in her 40-page opinion .
It’s unclear how much counting the ballots in question would help McCormick. He trailed Oz by fewer than 1,000 votes before the recount began, according to the Associated Press, but there has been no official determination of how many ballots submitted in undated envelopes there are still to be counted.
Acting Pennsylvania Secretary of State Leigh Chapman told reporters on May 25 there were 860 such Republican ballots from 65 of the commonwealth’s 67 counties, but the Department of State hasn’t provided an updated number. John Gore, Oz’s attorney, has argued the number is too small to change the outcome.
Oz has declared himself the “presumptive” nominee in the race and called on the GOP to unite in the November race against Democratic nominee John Fetterman, the commonwealth’s lieutenant governor.
McCormick had argued that the handwritten date on the outside envelope for a completed ballot isn’t needed as long as it’s received on time, which can be proven because counties in the state stamp ballots as they’re received.
The former Bridgewater Associates executive has relied on a May 27 federal appeals ruling in a separate 2021 county judicial race that rejecting ballots indisputably filed on time “serves no purpose other than disenfranchising otherwise qualified voters.”
But US Supreme Court Justice Samuel Alito temporarily blocked that ruling, which applies until the high court acts on a request for a longer halt. The Pennsylvania Supreme Court also rejected a request by McCormick to intervene in the case.
Lawyers for Oz, the RNC and Pennsylvania GOP argued in a hearing Tuesday that counting the ballots would go against established Pennsylvania law and hurt voter trust by changing the rules in the middle of an election in what Oz’s lawyers called McCormick’s “desperate attempt to scrounge up more votes.”
During the hearing, Cohn Jubelirer questioned the purpose of the date if ballots are received in time, noting there’s no way to know whether the date that voters put on the envelope is the date they actually signed it.
A spokeswoman for the Oz campaign didn’t immediately respond to a message seeking comment about the ruling.
McCormick campaign spokeswoman Jess Szymanski said in a statement that “we are pleased the court agrees on ensuring valid Republican votes that were signed and returned on time, as shown by their time-stamp, are counted so the party can get behind a strong nominee in the fall to defeat John Fetterman and the Democrats’ socialist agenda.”
McCormick is also seeking a court order for a hand recount in 150 precincts in 12 Pennsylvania counties because of what the campaign has described as vote-counting anomalies such as county results not matching what’s been reported by the state. A hearing on that request has been scheduled for June 6, a day before counties are to finish the automatic recount.
The Pennsylvania race is critical for determining party control of the US Senate, currently split 50-50. With Republican Senator Pat Toomey retiring, Republicans are trying to hold the seat while Democrats have targeted it as a pick-up opportunity.
Democrats aren’t waiting for an official winner in the GOP primary, launching a campaign on Thursday to paint both Oz and McCormick as extreme Republicans trying to curry favor with former President Donald Trump, who endorsed Oz in the race over McCormick.
“We don’t elect United States senators to pay tribute to a politician or to an extreme part of the electorate,” Democratic US Senator Bob Casey of Pennsylvania said on a call with reporters.
Tags
Who is online
561 visitors
So why the comparison of all counted against "illegal" ones not counted?
This seems a bit bullshitty........................................
"McCormick had argued that the handwritten date on the outside envelope for a completed ballot isn’t needed as long as it’s received on time, which can be proven because counties in the state stamp ballots as they’re received."
As long as it's received on time, why should the date on envelop matter?
Obviously it is a rule.................
And we were told there would be no problem with mass absentee ballots.
Not very reassuring for the voters.
It's not. I know this will trigger MANY (if not all on the left - not that I care) but it makes me wonder if the same process wasn't used for the past elections (to include the Presidential).
The more you involve people, the more FUBAR it can go.
I volunteered to help this election where needed at my township and got turned down because I’m not a member of either party.
FUBAR
You would think somebody unaffiliated with either party would help remove the perception of bias. Guess that's not what matters.
It isn’t.
Got my absentee ballot request in the mail the other day. My grandkids could fill it out properly ..... including the date it requests.
What is so amazing about this situation is that the outcome will only determine which candidate will represent the Republican Party and have access to the resources of the Republican Party.
A lot of public resources are being expended just to determine which candidate will appear on the general election ballot as THE Republican candidate. And both Oz and McCormick can still be on the general election ballot after all of this is over.
The Republican Party cannot even conduct party business without wasting public resources. You know, the Republican Party can settle this dispute with a coin toss. There doesn't need to be recounts or court litigation. The state government doesn't need to be involved.
In Michigan anyone can request an absentee ballot but you have to request it. I’m sure to some dimbulbs here that is voter suppression but at a minimum it requires the individuals desire to vote and not a push by others.
A simpleton could properly fill out the form. I suppose the partial credit folks here would disagree with that as well.