In a move that could help Mehmet Oz in his fight to become GOP Senatorial nominee in Pa, a Philly lawyer is preparing to ask the U.S. Supreme Court to block a lower court decision over undated mail ballots.
With an all-but-certain recount looming in their primary contest, Republican Senate candidates Mehmet Oz and David McCormick have opened a new front in their battle over every ballot: the courts.
The legal wrangling, before two different courts, injected a new level of uncertainty into the contest as county elections boards scrambled to figure out what to do with undated mail ballots across the state while the Oz and McCormick campaigns urge them in opposite directions. The number of such ballots is not known.
But on Friday, a three-judge panel at the Third Circuit disagreed in a case centered on last November’s general election and 257 mail ballots in Lehigh County. Republican David Ritter appeared to win a county judicial seat by 74 votes, but counting the undated mail ballots could give Democratic candidate Zachary Cohen the win.
“The order … does not authorize election officials to ignore Pennsylvania law or to count mail-in or absentee ballots lacking a voter completed date in the May 2022 primary election,” wrote lawyer Britain R. Henry. “In the first place, that judgment is not final and is subject to further review.”The Oz and McCormick campaigns are already fighting over undated Pa.
Joshua Voss added that should the Third Circuit deny Ritter a stay, they would seek one from the Supreme Court directly. A successful appeal in Ritter’s case would benefit the firm’s other client, Oz, and his position on undated ballots to be thrown out in his race. But a stay in the Ritter case could further muddle the question — as it did in the 2020 presidential election, when Supreme Court intervention left about 10,000 challenged mail ballots in limbo for weeks after the vote was certified.
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