Judge hears arguments in lawsuit filed by Dave McCormick over undated ballots

PENNSYLVANIA — A judge just today heard arguments on whether or not undated ballots should be counted in the Republican Senate race.

There are about 800 in Pennsylvania, and candidate Dave McCormick is taking legal action, fighting to have them counted. His legal team today argued that not to count them would mean disenfranchising those voters.

In the meantime, lawyers for the Republican National Committee argued that state law is quite clear that undated ballots shouldn’t be counted, and that the rules of the game shouldn’t be changed after an election.

Why are the stakes so high? As you may recall, Dr. Mehmet Oz is leading McCormick by fewer than 1000 votes. The slim margin triggered a statewide recount that’s underway now in many counties, and about to start in others.

Counties have been directed to tally the undated ballots but to keep them separate from the others, pending what ultimately is decided by the judge.

The judge today said she needed time to think over the “excellent arguments” made before her, and will issue an opinion as soon as possible.

Whether that means tomorrow or days from now wasn’t clear, but we will keep you posted.

The recount must be completed by noon on June 7.

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