McCormick campaign files lawsuit to count mail-in ballots with undated envelopes

Pennsylvania Senate candidate David McCormick’s campaign is pushing for additional ballots to be counted in the state’s GOP primary results, according to a lawsuit filed Monday.

The lawsuit pushes for counting mail-in and absentee ballots missing a date on their envelope to be included in the election result.

“These ballots were indisputably submitted on time—they were date-stamped upon receipt—and no fraud or irregularity has been alleged,” according to the complaint, which was obtained by Politico.

“The Boards’ only basis for disenfranchising these voters is a technical error that is immaterial under both state and federal law,” it added.

Just last week, a federal 3rd Circuit Court of Appeals ruled that undated ballots in a county judgeship election from last year should be counted, a decision cited in McCormick’s Monday complaint.

The Hill has reached out to the McCormick campaign for comment.

The push comes after the election last week was declared too close to call, prompting a recount in the race between McCormick and Trump-endorsed, celebrity doctor Mehmet Oz.

Pennsylvania law requires an automatic recount if candidates’ votes are within a 0.5 percent margin, and Oz led McCormick by less than 1,000 votes as of Monday.

As a result of that recount, voters may have to wait until June 8 to learn the outcome of the election.

Meanwhile, Trump has urged Oz to declare victory in the election as votes were still being counted, saying it would make it “much harder for them to cheat with the ballots that they ‘just happened to find.’”