McCormick's lawsuit, filed after hours, asks the state's Commonwealth Court to require counties to promptly count mail-in ballots that lack a required handwritten date on the return envelope.
It is the first - but likely not the last - lawsuit in the contest between Oz and McCormick, a former hedge fund CEO.
Oz, who was endorsed by former President Donald Trump, led McCormick by 992 votes, or 0.07 percentage points, out of 1,341,037 ballots reported to the state as of 6 p.m. Monday.The race is close enough to trigger Pennsylvania's automatic recount law, with the separation between the candidates inside the law's 0.5% margin. The Associated Press will not declare a winner in the race until the likely recount is complete. That could take until June 8.
In an appearance Monday on a conservative Philadelphia radio talk show, McCormick insisted"every Republican vote should count" and said his campaign believes the federal court decision is binding on counties.
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