Pennsylvania Senate Recount Sparks Controversy Over Disqualified Ballots
As Pennsylvania’s Senate race heads into a $1 million recount, Democratic officials in several counties are facing criticism for counting ballots deemed disqualified under state law and court rulings.
Republican Senator-elect Dave McCormick currently holds a 26,000-vote lead over incumbent Democratic Senator Bob Casey. The Associated Press has called the race for McCormick, but Casey has yet to concede, calling for every vote to be counted. The tight margin triggered an automatic recount under Pennsylvania law.
At the center of the debate is whether certain ballots, including undated or improperly signed mail-in votes, should be counted. In a pre-election ruling, the Pennsylvania Supreme Court decided that mail ballots lacking required signatures or dates should not be included in the official tally. However, Democratic officials in Philadelphia and counties like Bucks, Centre, and Montgomery have reportedly defied this ruling.
Open Defiance
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Bucks County Commissioner Diane Ellis-Marseglia, a Democrat, acknowledged the defiance, stating, “Precedent by a court doesn’t matter anymore in this country. If I violate this law, it’s because I want a court to pay attention. There’s nothing more important than counting votes.”
Montgomery County officials deliberated extensively over 180 provisional ballots lacking secrecy envelopes. Democratic board chair Neil Makhija voted to count them, citing voter rights concerns. However, other board members, including a Democrat and a Republican, opposed counting the ballots based on legal advice. Ultimately, the county counted 501 contested ballots.
Similar disputes have unfolded in other counties, with some officials arguing that disqualifying ballots over clerical errors disenfranchises voters. Meanwhile, there is ongoing litigation over undated or incorrectly dated mail ballots. Lower courts have sided with Democrats, but the Pennsylvania Supreme Court has upheld the requirement for correct dates.
Legal Challenges
McCormick’s campaign, backed by the Republican National Committee (RNC), has asked the state Supreme Court to reaffirm its decision to exclude undated mail ballots. The Casey campaign and Pennsylvania’s Department of State argue that counties should decide independently while challenges proceed through the courts.
“This is the exact kind of left-wing election interference that undermines voter confidence,” said RNC Chairman Michael Whatley. He accused Democrats of trying to “steal a Senate seat” and vowed to fight the issue in court.
Democrats countered by pointing out McCormick’s 2022 argument during a Republican primary contest, where his campaign advocated for counting disputed ballots.
Recount Timeline
With fewer than 80,000 provisional ballots left to be counted, election officials say the recount is unlikely to change the outcome by more than a few hundred votes. The recount is expected to conclude by Nov. 26.
Both candidates have continued their activities in Washington, D.C. While Casey participated in Senate business, McCormick attended new member orientation as part of the incoming Republican majority.
As the recount proceeds, tensions remain high, with both sides closely watching how Pennsylvania navigates this contested election.
