In a critical ruling impacting one of Pennsylvania's closest Senate races, the state Supreme Court on Monday ordered election officials to cease counting mail-in ballots with errors or missing dates on their outer envelopes. The decision specifically targeted Bucks, Montgomery, and Philadelphia counties, where Republicans have argued against counting ballots that do not comply with date requirements. The directive is being seen as a legal victory for Republican Senate candidate Dave McCormick, who currently holds a slim lead over incumbent Democratic Senator Bob Casey.
Elizabeth Gregory, spokesperson for McCormick's campaign, hailed the decision as a blow to Casey's attempts to validate what she described as "illegal ballots." "McCormick looks forward to taking the Oath of Office in January," Gregory said on social media.
However, Tiernan Donohue, Casey's campaign manager, characterized the legal fight as a broader Republican effort to "disenfranchise Pennsylvania voters." "David McCormick and the national Republicans are working to throw out provisional ballots cast by eligible Pennsylvania voters and accepted by county boards," Donohue stated. "It is wrong, and we will fight it."
The contentious recount was triggered by Pennsylvania law, which mandates an automatic recount if the margin of victory is less than 0.5%. With 99.7% of the vote counted, McCormick leads Casey by 17,408 votes, and 24,000 ballots remain to be reviewed. The recount is set to begin this week and must conclude by noon on November 26.
The legal dispute has focused on differing interpretations of Pennsylvania's election law, with the Republican National Committee (RNC) and the Pennsylvania GOP challenging the actions of Democratic-led election boards. These counties previously opted to count ballots with date errors, arguing that a wrong date did not render a voter ineligible or compromise the legitimacy of the ballot.
The ruling prompted swift reactions from political leaders, including Pennsylvania Governor Josh Shapiro, a Democrat, who sided with the court's decision. "The rule of law matters in Pennsylvania," Shapiro declared. "It is critical for counties in both parties to respect it with both their rhetoric and their actions."
Shapiro emphasized his commitment to safeguarding Pennsylvania's democratic process, adding, "I will continue working to protect our democracy and the votes of all eligible Pennsylvanians."
The court's original November 1 ruling stated that mail-in ballots lacking required signatures or dates should be disqualified. However, Democratic officials in counties such as Philadelphia, Bucks, Montgomery, and Centre resisted compliance, opting to include such ballots during the recount. Bucks County Commissioner Diane Ellis-Marseglia expressed defiance, stating, "If I violate this law, it's because I want a court to pay attention. There's nothing more important than counting votes."
McCormick's apparent victory has been marred by controversy, given his narrow margin of approximately 17,000 ballots over the three-term Democratic incumbent. The RNC and Trump campaign officials have pushed back against any attempts to count misdated ballots, with Trump campaign official Chris LaCivita warning that Pennsylvania election officials "will go to jail" for counting ballots in defiance of the court order.
RNC Chair Michael Whatley criticized Shapiro's timing in defending the court's directive. "Once Democrats concluded that even ignoring the Pennsylvania Supreme Court can't scrape up enough ballots to win, Governor Shapiro suddenly discovers that he stands with the rule of law," Whatley wrote. "Better late than never."
