Pennsylvania’s Republican Senate candidate Dave McCormick, who was called the winner by the Associated Press, is suing over provisional ballots yet to be counted in Philadelphia. The suit is asking for an injunction to stop the counting of ballots that may not be properly filed. 

The filing states there are 15,000-20,000 provisional ballots that will be counted over the next several days. 

Based on the AP’s current vote count and the lawsuit, McCormick is up by more than 30,000 votes. 

Provisional ballots are cast by voters whose registration status is in question when they arrive at the polling location. They’re only counted once the voter’s status is confirmed. McCormick’s suit seeks to ensure that ballots that don’t meet the legal guidelines are not counted. 

That includes ballots that aren’t signed or are signed by the wrong person, ballots that don’t contain a secrecy envelope, ballots that are not verified by the voter before the deadline, or ballots that belong to voters whose absentee or mail-in ballot has already been counted. 

McCormick’s suit states that Republican poll watchers won’t be able to keep up with the pace of counting, because there are only 11 for the GOP and 38 for Democrats. So his legal team is asking for the ability to collectively contest ballots, because they believe the sheer number of provisional ballots will overwhelm the capacity for individual challenges. 

Incumbent Sen. Bob Casey, D-P.A., has yet to concede the race, partially citing these yet to be counted ballots. 

Casey said in a statement.  “I have dedicated my life to making sure Pennsylvanians’ voices are heard, whether on the floor of the Senate or in a free and fair election.”  

According to AP data, more than 98% of the total votes in the state have been counted.