Dems sue PA election board over uncounted provisional ballots amid Senate recount in Casey loss

The Democratic Senatorial Campaign Committee filed a suit Monday implicit the counting of dozens of provisional ballots successful Bucks County, Pennsylvania, alleging that rejecting the ballots violates some the owed process clause of the U.S. Constitution and different protections for voters.

The lawsuit, which the DSCC filed successful authorities court against the Bucks County Board of Elections on behalf of Sen. Bob Casey, is the latest successful a flurry of ineligible enactment successful the Keystone State arsenic it begins its authoritative Senate predetermination recount. 

The lawsuit centers connected 74 provisional ballots successful Bucks County that were disqualified due to the fact that they lacked an interior "secrecy envelope" required for provisional ballots successful the state.

REPUBLICANS FILE 12 PENNSYLVANIA LAWSUITS IN 'AGGRESSIVE' PUSH TO END RECOUNT

Republican Senate campaigner Dave McCormick speaks during a run lawsuit successful Pennsylvania. (Michael M. Santiago/Getty Images)

Lawyers for the Democratic Party argued successful the tribunal filing that the provisional ballot errors were the "direct result" of inaccurate instructions from canvass workers, alternatively than the voters themselves, and truthful violated some the owed process clause and the Help America Vote Act (HAVA), which states that "an individual's provisional ballot "shall beryllium counted... successful accordance with authorities law" if predetermination officials find that the idiosyncratic is eligible to vote.  

By excluding these provisional ballots that were the effect of canvass idiosyncratic errors, lawyers argued, the Bucks County Board of Elections "unlawfully disenfranchises" voters and harms Casey’s electoral prospects.

The suit centers connected conscionable 74 ballots, making it improbable it volition person immoderate important interaction connected the recount successful Pennsylvania. 

But it comes amid a flurry of caller lawsuits successful the Keystone State, wherever Republican campaigner David McCormick narrowly edged retired Casey by conscionable 17,000 votes, according to unofficial data from the Department of State – putting Casey good wrong the 0.5% borderline of mistake required nether Pennsylvania instrumentality to trigger an automatic recount. 

BATTLEGROUND STATES' RECOUNT RULES VARY WIDELY. HERE'S A LOOK AT HOW THEY WORK

Supporters of erstwhile President Trump be a run rally successful State College, Pennsylvania. (Charly Triballeau/AFP via Getty Images)

The Senate recount began Monday, and volition proceed done Nov. 26.

Republican Party officials person argued that the results person been decisive and that Casey lacks immoderate achievable way to victory.

They have besides criticized Casey for declining to waive the recount, noting that it volition outgo taxpayers an estimated $1 million. 

McCormick, for his part, called for a recount of his ain successful 2022 aft helium was beaten successful the Republican Senate superior by TV personage Dr. Mehmet Oz.

News of the suit comes after the Pennsylvania Supreme Court ruled Monday that mail-in ballots with incorrect oregon missing dates cannot beryllium counted successful the 2024 election, delivering a triumph to Republican Party officials arsenic they moved to aggressively support their constrictive Senate victory.

President Biden and Sen. Bob Casey sojourn the Allentown Fire Training Academy successful Allentown, Pennsylvania. (Mandel Ngan/AFP via Getty Images)

Casey's run utilized quality of the DSCC suit to reiterate their disapproval of the galore Republican-led lawsuits that person been filed successful the commonwealth, and which they person suggested hazard disenfranchising voters.

"Thousands of Pennsylvanians’ votes are successful question crossed the commonwealth arsenic David McCormick and nationalist Republicans enactment to propulsion retired ballots formed by eligible voters and accepted by region predetermination boards," a spokesperson for the run told Fox News Digital.

CLICK HERE TO GET THE FOX NEWS APP

Casey volition "continue to combat backmost against efforts to disenfranchise voters to guarantee Pennsylvanians’ voices are heard and that eligible voters tin enactment successful our democracy," the spokesperson added.

The DSCC did not instantly respond to Fox News's petition for remark connected the lawsuit.