Pennsylvania Philadelphia County Provisional Ballot Count Observation Challenge

Lawsuit filed by Republican candidate for U.S. Senate, David McCormick, against the Philadelphia County Board of Elections and three Philadelphia City commissioners seeking to increase the number of Republican observers authorized to examine the counting of provisional ballots cast in the November 2024 general election. On Nov. 8, 2024, Philadelphia County will begin examining and counting approximately 15,000 to 20,000 provisional ballots cast in the general election. McCormick claims that under Pennsylvania law, every provisional ballot must be examined by a representative from each party and each candidate before it is counted. 

Pennsylvania law allows one observer from each political party and one observer for each candidate in an election. In the 2024 general election, the Democratic Party had 37 candidates running for office in Philadelphia County while the Republican Party had 10 — meaning the Democratic Party is entitled to 38 authorized representatives to observe the counting of provisional ballots while the Republican Party is entitled to 11. McCormick alleges that Philadelphia County plans to examine the provisional ballots with more staff than authorized Republican representatives, meaning Republican observation may not be possible for the counting of every provisional ballot. 

McCormick argues the board’s provisional ballot examination without adequate Republican observation violates Pennsylvania law, and asks the court to prohibit Philadelphia County from examining or counting any provisional ballots without adequate Republican observation.

STATUS: McCormick filed his complaint and accompanying emergency motion for special injunction on Nov. 7, 2024. On Nov. 8, 2024, the court denied McCormick’s emergency motion for special injunction. Philadelphia County will continue its examination of provisional ballot with the current number of Republican authorized representatives.

Last updated: November 8, 2024 10:32 am EST