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Votes still being counted as McCormick heads to court next Tuesday

Votes still being counted as McCormick heads to court next Tuesday
Votes still being counted as McCormick heads to court next Tuesday 02:35

HARRISBURG (KDKA) - The counting of votes continues in the very close race between Mehmet Oz and Dave McCormick for the Republican U.S. Senate nomination.

As political editor Jon Delano reports, as the race tightens in the unofficial vote count, other actions that could affect the vote count are underway.

Oz continues to lead McCcormick in the unofficial vote count with a lead of around 900 votes out of 1.34 million cast with an estimated 6,000 military, overseas and mail-in ballots and 4,000 provisional ballots in both parties now being processed and counted across the state.

"While this is one statewide election, it is really administered by 67 county boards of elections at the same time," says Adam Bonin, an election attorney based in Philadelphia.

McCormick says there are still other Republican votes yet to be counted, so he asked the Commonwealth Court to order 860 uncounted Republican mail-in ballots to be included in the mix.

"The Commonwealth Court is going to hear argument in Harrisburg on Tuesday from all the parties on how to treat these ballots," says Bonin.

These are mail-in ballots received on time and signed by the voter, but voters forgot to date the outer envelope.  Under state law they cannot be counted, but a federal appeals court ruled last week in a different case that federal law requires these kinds of ballots must be counted.

McCormick agrees, saying all votes should be counted.

The Oz campaign has intervened in the case, saying state law should be followed and those votes should not be counted.  Both the national Republican Party and the Pennsylvania Republicans are intervening to back Oz, the endorsed candidate of former President Trump.

In the meantime, because the margin between the two is like 0.07 percent, an automatic recount begins on Friday in all 67 counties.

"They do need to take everything that they've received, all of the legitimate ballots, and they need to count them some other way than what they did the first time, either by running them through different machines or by switching to a hand count," says Bonin.

That recount process won't be completed until June 7, and in the meantime, we may hear from the court on whether these 800-plus undated but received on time mail-in ballots get to be counted. 


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