By Jim Ellis — Friday, Nov. 15, 2024
Senate
Former hedge fund CEO David McCormick (R)
Secretary of the Commonwealth of Pennsylvania Al Schmidt declared that the Senate results featuring Sen. Casey and McCormick will move to a mandated recount because the difference between the two contenders is less than a half of a percentage point. Under Pennsylvania election law, recounts are mandated when the vote margin is less than a half point.
The ruling is somewhat curious in that all 67 counties have apparently not finished the tabulation process, so it is presumed that if the final unofficial count grows to a margin greater than half of a percent, the recount will be cancelled.
Schmidt has informed each county election official that their final vote tallies must be completed before the recount begins on Nov. 20. The political overtime period must conclude by Nov. 26 with the final report sent to the Secretary of the Commonwealth’s office on Nov. 27 — the day before Thanksgiving.
The reported results and percentages are: McCormick: 3,380,310 (48.93 percent); Casey 3,350,972 (48.50 percent). The McCormick margin is 29,338 votes.
Predictably, both sides are attacking the other. The Casey operation issued a statement from the senator’s campaign manager saying, “David McCormick and his allies are trying to disenfranchise Pennsylvania voters with litigation designed to throw out large tranches of votes that they’ve admitted in legal filings could impact the outcome of the election. Senator Casey wants all Pennsylvanians’ voices to be heard as local county officials continue to count votes. This democratic process must be allowed to play out to determine the result of this election.”
The McCormick campaign is in court opposing Casey attempting to convince a judge to allow ballots from non-registered voters, those without individual signatures, mail-in ballots without dates, and those cast in a county where the voter does not live.
We can expect more rhetoric coming from both sides throughout the final counting period and during the recount phase. Though the percentage between the two candidates is low, the raw number of votes that constitutes McCormick’s lead is substantial. Switching as many as 30,000 votes through a recount seldom, if ever, happens.
The last time we saw a Senate race embroiled in a prolonged recount came from Minnesota back in 2008. In that election, which lingered until the following July to finally decide, the two principals, then-Sen. Norm Coleman (R) and entertainer Al Franken (D), were separated not by thousands of votes statewide, but rather just hundreds.
In fact, Coleman was originally certified the race winner with a vote margin of just 215 votes from almost 2.9 million votes cast. Though the state declared Coleman the official winner, the Franken forces continued to fight and were able to find a favorable court to overturn the election and allow “found” votes that were previously undiscovered. The change allowed Franken, months later, to win the seat with a 312-vote edge.
The Senate itself is the ultimate arbiter of disputed elections involving its members or prospective members and not the judiciary. In 2009, the Democrats enjoyed a large Senate majority that allowed Franken to continue to fight and eventually win his seat. Now that Republicans will have the majority in the 119th Congress, and at least a 52-47 margin without Pennsylvania being decided, McCormick should enjoy the similar chamber support which Franken had 16 years ago.
McCormick is still the favorite to eventually claim the Pennsylvania seat, but it appears this Senate race will drag on for several more weeks.
