Oz currently holds a narrow lead over McCormick; a recount would be automatically triggered if the race is within half a percentage point.
A McCormick campaign aide told CNN: “We’re glad votes continue to be counted.”
Oz’s campaign plans to oppose McCormick’s request, according to Oz campaign manager Casey Contres, who accused McCormick’s legal team of using a Democratic playbook, warning it could have “long term harmful consequences for our elections in the Commonwealth of Pennsylvania.”
“Dott. Mehmet Oz continues to respectfully allow Pennsylvania’s vote counting process to take place and puts his faith in the Republican voters who we believe have chosen him as their nominee,” Contres said in a statement. “That is why our campaign will oppose the McCormick legal team’s request that election boards ignore both Pennsylvania Supreme Court and state election law and accept legally rejected ballots.”
A spokesman for Pennsylvania’s Department of State said officials there “do not have an estimate of the number of impacted ballots” e “will be surveying counties to get that figure and issuing guidance to support them.”
But the spokesman also praised the appeals court ruling, detto, “We are pleased that the 3rd Circuit agreed with the Commonwealth’s interpretation of the statute, which will help ensure that voters who inadvertently fail to date their ballot are not disenfranchised by that error.”