The Democratic Senatorial Campaign Committee filed a lawsuit Monday over the counting of dozens of provisional ballots in Bucks County, Pennsylvania, alleging that the rejected ballots violate both the due process clause of the U.S. Constitution and other protections for American voters. .
The lawsuit, which DSCC filed in state court on behalf of Sen. Bob Casey against the Bucks County Board of Elections, is the latest in a string of legal action in the Keystone State as it begins the official Senate election count. .
The case centers on 74 provisional ballots in Bucks County that were disqualified because they lacked the inner “secret envelope” required for provisional ballots in the state.
Republicans file 12 ‘aggressive’ Pennsylvania lawsuits to push to end recount
Republican Senate candidate Dave McCormick speaks during a campaign rally in Pennsylvania. (Michael M. Santiago/Getty Images)
Democratic Party lawyers argued in court filings that the provisional ballot errors were a “direct result” of incorrect instructions by poll workers, rather than the voters themselves, and therefore violated the Due Process Clause and the Help America Vote Act (HAVA). ) were both violated. ), which states that “an individual’s provisional ballot shall be counted … in accordance with state law” if election officials determine that the individual is eligible to vote.
By excluding the provisional ballots that were the result of errors by poll workers, attorneys argued that the Bucks County Board of Elections “unlawfully disenfranchises” voters and hurt Casey’s election chances.
The lawsuit focuses on just 74 ballots, so it won’t have a significant impact on the recount in Pennsylvania.
But it comes amid a wave of recent lawsuits in the Keystone State, where Republican candidate David McCormick defeated Casey by just 17,000 votes, according to unofficial State Department figures — the 0.5 percent margin of error Casey needed. Keeping within the margin Pennsylvania law to trigger an automatic recount.
The calculation rules for BATTLEGROUND STATES vary widely. Here’s a look at how they work.
Supporters of former President Trump attend a campaign rally in State College, Pennsylvania. (Charlie Trebello/AFP via Getty Images)
The Senate recount began on Monday and will continue until November 26.
Republican Party officials have argued that the results are close and that Casey has no viable path to victory.
He has also criticized Casey for refusing. Skip the recountnoting that it would cost taxpayers an estimated $1 million.
McCormick, for his part, called for a recount in 2022 after being defeated by TV personality Dr. Mehmet Oz in the Republican Senate primary.
News of the lawsuit follows. Pennsylvania Supreme Court ruled Monday that mail-in ballots with incorrect or missing dates cannot be counted in the 2024 election, handing a victory to Republican officials as they move to aggressively defend their narrow Senate victory. .
President Biden and Sen. Bob Casey visits the Allentown Fire Training Academy in Allentown, Pennsylvania. (Mandel Engen/AFP via Getty Images)
Casey’s campaign used news of the DSCC trial to reiterate his criticism of many Republican-led lawsuits in the commonwealth, suggesting the threat of voter disenfranchisement. Who is
“Thousands of Pennsylvanians’ votes are at stake across the commonwealth as David McCormick and national Republicans work to get ballots cast by eligible voters out of the way and accepted by county election boards,” a campaign spokesperson told Fox News Digital. are done,” a spokesperson for the campaign told Fox News Digital.
Click here to get the Fox News app.
The spokesman added that Casey “will continue to fight against voter disenfranchisement efforts to ensure that Pennsylvanians’ voices are heard and that eligible voters can participate in our democracy.”
The DSCC did not immediately respond to Fox News’ request for comment on the lawsuit.
