Pennsylvania Delaware County Provisional Ballot Deficiencies Challenge

Lawsuit filed by Republican candidate for U.S. Senate, David McCormick, the Republican National Committee and Republican Party of Pennsylvania challenging the Delaware County Board of Elections’ decision to count provisional ballots without mandatory signatures from election officials and incomplete voter affidavits in the November 2024 general election. Under the state’s election law, certain election officials — the judge of elections and a minority inspector — must sign a provisional ballot in order for it to be counted. The plaintiffs allege that the board counted 82 ballots missing signatures from at least one election official. They argue that by counting these ballots, the board violated an election law that has been upheld by the Pennsylvania Supreme Court. The lawsuit also alleges the board counted 53 provisional ballots with missing voter affidavit information, including voters’ signatures and reasons for casting a provisional ballot. The GOP plaintiffs claim that the board’s decision to count provisional ballots with missing signatures or incomplete voter affidavit information, despite other county board of elections rejecting them, has led to the unequal treatment of voters based solely on which county they voted in, violating the U.S. and Pennsylvania Constitutions. The plaintiffs ask the court to reverse the county board of election’s decision to count these ballots.

RESULT: On Nov. 21, 2024, the court denied the Republican plaintiffs’ petition. The challenged provisional ballots will be counted.

Last updated: November 22, 2024 11:50 am EST