The decision to recount the Pennsylvania Senate race is drawing criticism from across the political spectrum, prompting lawsuits and calls of bad sportsmanship.
The race was called Nov. 7 for Republican Dave McCormick by The Associated Press — a win that flipped the seat from Democratic incumbent Bob Casey, who was vying for a fourth term.
AP was the first to call the race, and then defended the decision by saying that while, yes the race was tight, there was not enough support for Mr. Casey in the areas still left to be counted.
As of Sunday, Mr. McCormick was winning by less than 20,000 votes with 99% of the vote reporting done and Mr. Casey has yet to concede, which means the Senate race is heading toward a recount.
Under state law, a recount is triggered when the difference between candidates falls to a margin of 0.5% or less. Counties need to start the recount by Wednesday and be finished by Nov. 26. Even then, there may be no change in the race results.
The race has already sparked litigation with Republicans in the state and nationally calling on courts to stop the counting of mail-in ballots that don’t have a date on the return envelope, or have an incorrect date, which is required by law.
SEE ALSO: Mike Lee calls on Casey to concede race
The state Supreme Court in September ruled that election officials should not be counting misdated ballots.
“What’s taking place in these counties is absolute lawlessness,” Pennsylvania Republican Party Chair, Lawrence Tabas, said in a statement.
Mr. McCormick’s campaign separately sued Bucks County for counting 405 ballots with the wrong date or no date.
Still, election officials in Bucks County voted Friday to count the misdated ballots, which goes against the state Supreme Court’s ruling. Similar votes were taken in Centre and Montgomery counties.
“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” Bucks County Commissioner Diane Ellis-Marseglia said. “So for me, if I violate this law, it’s because I want a court to pay attention to it.”
Secretary of State Al Schmidt, however, urged vote counters in an X post on Saturday to be mindful of the ballots they are counting because “‘it is important to remember the history of litigation regarding undated and incorrectly dated [ballots]’ and to consult their solicitor ‘to ensure any decision rendered…is consistent with current law.’”
He wrote that because of lawsuits surrounding the ballots, “we urge you to continue segregating any undated and incorrectly dated ballots and challenged ballots throughout the initiation canvass and subsequent recount.”
“This is a best practice that will ensure that the record is preserved in the event a court ruling effects the status of those ballots,” the post said.
Mark Davin Harris, the lead strategist for the McCormick campaign, maintained Saturday that Mr. McCormick will be the winner.
“As has been clear for days, Dave McCormick has won. He is up 17k+ which is more than ALL remaining uncounted ballots even AFTER Montgomery Co included *945* unlawful votes in its final count: 444 contested provisional ballots and 501 undated ballots” he wrote in an X post. “These will be thrown out.”
The Washington Post editorial board slammed the Pennsylvania Democrats that voted to count the court-ruled invalid mail-in ballots in a piece called, “Democrats thumb their nose at the rule of law in Pennsylvania,” published Saturday. The board wrote the decision to count the invalid ballots is “corrosive to democracy and invites similar behavior in future elections.”
“Democrats would surely protest if a Republican commissioner made the same statement to justify tipping the scales for their party’s Senate nominee — and they would be right,” the op-ed said. “Elections need rules, established in advance of the voting, and those rules must be applied equally and consistently.”
• Mallory Wilson can be reached at mwilson@washingtontimes.com.
Please read our comment policy before commenting.