PHILADELPHIA (CBS) – There is an important deadline Tuesday in the still too-close-to-call Republican U.S. Senate primary between Mehmet Oz and Dave McCormick. Unofficial returns are due from Pennsylvania counties at 5 p.m.
If counties don’t have final results, they must tell the secretary of state’s office how many votes are still outstanding.READ MORE: Pennsylvania House Sets Up Committee To Consider Philadelphia DA Larry Krasner's Impeachment
Meantime, the McCormick campaign filed a lawsuit Monday over some of the mail-in ballots from the election. The lawsuit asks the state’s commonwealth court to require counties to promptly count mail-in ballots that don’t have the required handwritten date on the return envelope.
The campaign says at least two counties, Allegheny and Blair, suggested they would not count the ballots.READ MORE: Amazon, Rite Aid Cap Purchase Of Emergency Contraceptives
The secretary of state said Tuesday any ballot without dates that arrived in time must be counted, but they should be kept separate because of anticipated legal appeals.
As of Tuesday afternoon, close to 99% of the votes were counted. Oz leads McCormick by less than 1,000 votes.MORE NEWS: 21-Year-Old Woman Killed After Disgruntled Patron Fires At Least 15 Shots Into Northeast Philadelphia Bar, Police Say
The race appears to be heading to a recount.