Democratic Party sues PA election board over discarded provisional ballots as recount continues

The Democratic Senatorial Campaign Committee (DSCC) has taken legal action in Bucks County, Pennsylvania, by filing a lawsuit over the counting of provisional ballots that were rejected due to a lack of an inner “secrecy envelope.” The lawsuit, filed on behalf of Sen. Bob Casey, argues that the disqualification of these 74 provisional ballots violates the due process clause of the U.S. Constitution and the Help America Vote Act (HAVA).

The DSCC contends that the errors in these provisional ballots were the result of inaccurate instructions from poll workers, rather than the fault of the voters themselves. By excluding these ballots, the Bucks County Board of Elections is accused of unlawfully disenfranchising voters and harming Casey’s chances in the Senate election recount.

Although the lawsuit focuses on a relatively small number of ballots, it is part of a larger legal battle in Pennsylvania, where Republican candidate Dave McCormick narrowly defeated Casey by just 17,000 votes. The margin of victory falls within the 0.5% threshold required for an automatic recount under Pennsylvania law.

The Senate recount in Pennsylvania began on Monday and is set to continue through November 26. Republican officials have argued that the results are clear and that Casey has no viable path to victory. They have criticized Casey for not waiving the recount, citing the estimated $1 million cost to taxpayers.

McCormick, who won the Republican Senate primary, has called for a recount of his own in 2022 after losing to TV celebrity Dr. Mehmet Oz. The Pennsylvania Supreme Court recently ruled that mail-in ballots with incorrect or missing dates cannot be counted in the 2024 election, a decision that favored Republican Party officials in their defense of the Senate victory.

Casey’s campaign has used news of the DSCC lawsuit to highlight what they see as a pattern of Republican-led lawsuits that risk disenfranchising voters in Pennsylvania. They are committed to fighting against efforts to suppress votes and ensure that eligible voters can participate in the democratic process.

As the legal battle over provisional ballots continues, the DSCC’s lawsuit adds another layer of complexity to the ongoing recount in Pennsylvania. The outcome of these legal challenges could have significant implications for the Senate race and the overall integrity of the election process in the state.