State of Pennsylvania

Pennsylvania Montgomery County Provisional Ballot Missing Signature Challenge

McCormick v. Montgomery County Board of Elections II

Lawsuit filed by Republican candidate for U.S. Senate, David McCormick, the Republican National Committee and Republican Party of Pennsylvania against the Montgomery County Board of Elections challenging the board’s decision to count provisional ballots with missing signatures in the November 2024 general election. Under the state’s election law, a voter and 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 251 ballots missing a voter’s signature and 163 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. The secretary of the commonwealth’s office affirmed the voter signature requirement in an email to all county board of elections as recently as Nov. 7, 2024. 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: On Nov. 23, 2024, the Republican plaintiffs voluntarily dismissed the case.

Case Documents

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