State of Pennsylvania

Pennsylvania Berks County Provisional Ballot Missing Signature Challenge

McCormick v. Berks County Board of Elections

Lawsuit filed by Republican candidate for U.S. Senate, David McCormick, the Republican National Committee and Republican Party of Pennsylvania against the Berks County Board of Elections challenging the board’s decision to count provisional ballots missing signatures from election officials in the November 2024 general election. Under the state’s election law, certain election officials (the judge of elections and a minority inspector) must sign a provisional ballot in order for it to be counted. The plaintiffs allege that the board counted 32 ballots missing signatures from at least one election official. They argue that by counting these ballots, the board violated an election law that has been upheld by the Pennsylvania Supreme Court. They also argue the board’s decision to count provisional ballots with missing signatures while other county board of elections rejected them has led to the unequal treatment of voters based solely on which county they voted in, violating the U.S. and Pennsylvania Constitutions. The plaintiffs ask the court to reverse the county board of election’s decision to count these ballots.

RESULT: The court denied the petition on Nov. 22, 2024.

Case Documents

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