The campaign of GOP Senate hopeful David McCormick has filed suit as part of a series of ballot challenges. Locally, McCormick is specifically challenging two batches, a total of nine ballots.

The Warren County Board of Elections, named in McCormick’s suit, received an update on the issue from Solicitor Nathaniel Schmidt on Wednesday. At issue, Schmidt said, was that the Board of Elections “had to make some decisions on some irregular ballots”

Schmidt said seven of the mail-in ballots did not have the date listed on the outside envelope. He said the county’s Board “decided to count those.”

He told the Board that the McCormick campaign has filed two separate lawsuits — one in Commonwealth Court and one in the state Supreme Court “asking for those ballots to be completed.”

Schmidt explained that the underlying case is a federal decision regarding a judicial race in Lehigh County that found not counting those ballots to be a violation of the Voting Rights Act as well as the state’s Act 77 because the lack of date was found to be an “error that was immaterial to a person’s eligibility and qualification to vote.”

With the Warren County board deciding to count those ballots, Schmidt said that the county is “essentially along for the ride” regarding the lawsuit.

He said the Board also “received guidance from the Department of State to handle the ballots in the way that has already been done here.”

The second batch — two ballots — did not have the secrecy envelope sealed and the county’s Board “decided to not count and set aside those two ballots,” Schmidt said. “We received requests from the McCormick campaign for a hearing on those two ballots.”

That hearing is set for Friday at 10 a.m. at the courthouse.

“While there’s been correspondence from the McCormick campaign, they have not taken any action in court on that argument yet,” Schmidt added.

He said that once the hearing takes place and the Board rules, the county “will be able to finish our recount” and “shortly conclude our involvement in the 2022 primary, notwithstanding any additional necessary participation in these lawsuits that have been commenced.”

RECOUNT ORDERED

Acting Secretary of State Leigh Chapman has given notice of a recount in the GOP Senate primary.

The announcement came in a Wednesday afternoon press conference.

Chapman said that unofficial returns show Mehmet Oz with a 902 vote margin (419,365 to 418,463) over McCormick.

The tight margin — inside one half of one percent — triggers the mandatory recount.

Chapman said that the recount could start as soon as Friday and must be completed by counties by June 7.

Warren County Elections Director Krystle Ransom said she would like to start the recount after Friday’s hearing.