Pennsylvania Philadelphia County Provisional Ballot Global Challenge Request

Lawsuit filed by Republican candidate for U.S. Senate, David McCormick, against the Philadelphia County Board of Elections and its commissioners seeking the ability to challenge large categories of provisional ballots and segregate provisional ballots from voters who requested a mail-in or absentee ballot.

The plaintiff argues that the number of provisional ballots to be counted overwhelms the capacity of Republican observers to challenge certain ballots. As a result, McCormick argues that Republican observers should be allowed to make global challenges — essentially allowing Republicans to challenge large numbers of provisional ballots at once.  

Additionally, the Pennsylvania Supreme Court recently ruled that under state law, voters whose mail-in ballots were rejected due to minor errors like a missing inner secrecy envelope must be allowed to vote provisionally. The Republican National Committee and Pennsylvania Republican Party strongly oppose allowing these voters to vote provisionally and have appealed that case to the U.S. Supreme Court. The Supreme Court declined to block the state Supreme Court’s ruling ahead of the 2024 general election, but several justices indicated the case presents an important legal question that the courts should resolve.

McCormick, who currently has a narrow lead in a closely contested U.S. Senate race against incumbent Sen. Bob Casey (D), argues that these votes, from the heavily Democratic area of Philadelphia, violate state law and should not be counted. McCormick asks the court to block the county board of elections from counting provisional ballots until the Supreme Court steps in or allow Republican poll observers to bring a challenge to all provisional votes cast by these kinds of voters.

McCormick filed his complaint on Nov. 7, 2024.

RESULT: On Nov. 8, McCormick withdrew the lawsuit. The county board will continue to count provisional ballots.

Last updated: November 8, 2024 10:47 am EST