October 6, 2022
The Pennsylvania Supreme Court dismissed a Republican's appeal to count undated ballots in the state's Senate primary race.

The Pennsylvania Supreme Court dismissed a Republican’s appeal to count undated ballots in the state’s Senate primary race.

The court rejected Pennsylvania Senate candidate David McCormick’s lawsuit against Pennsylvania election officials arguing that the undated mail-in ballots should be counted in his primary race against Dr. Mehmet Oz, meaning the disputed ballots will not be counted. The court also denied a Republican motion to vacate a lower court decision made on June 2 denying McCormick’s application without prejudice.

On Friday, the U.S. Supreme Court declined to block a lower court decision that allowed the counting of undated ballots in a 2021 Pennsylvania judicial election. David Ritter, a Republican state judicial candidate in Lehigh County, pointed to an obscure law to argue that the undated ballots should not be counted in his race, and Oz filed a “friend of the court” brief supporting Ritter’s claims.

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The primary election between McCormick and Oz on May 17 was initially deemed too close to call, with both candidates within a few percentage points of each other. McCormick conceded the race on June 3.

A recount in the primary race affirmed that Oz won the party’s nomination by 951 votes. The state’s population is over 12.96 million, according to the 2020 census.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

McCormick has not responded to the Washington Examiner’s request for comment.

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