In a letter first obtained by POLITICO, David McCormick’s campaign wrote to the state’s counties Friday and argued that they should count mail-in and absentee ballots that were submitted without dates on their envelopes.
The McCormick team cited a judgment from a three-judge panel on the 3rd Circuit Court of Appeals that had been issued just hours earlier on Friday. It found that hundreds of undated mail-in and absentee ballots that were received on time but were undated should be tallied in a 2021 county judgeship election.
Mehmet Oz is leading McCormick by about 1,100 votes as of Saturday afternoon, or 0.1 percentage points. The primary is expected to go to a recount, which will be triggered if the top two candidates are separated by half of a percentage point or less, unless the runner-up waves it off.
Election officials have said they should have a good idea by Tuesday if there will be a recount, and the state’s chief election official must formally make that decision by Thursday.
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