His campaign filed the suit as he is less than 1,000 votes behind Mehmet Oz in a race still too close to call.

According to NBC News, a number of counties are refusing to count ballots that are missing handwritten dates on the envelopes as required.

“These ballots were indisputably submitted on time—they were date-stamped upon receipt—and no fraud or irregularity has been alleged,” the suit says.

State law says absentee ballots must “fill out, date, and sign” the exterior mailing envelopes. But McCormick’s filing notes the state Supreme Court has previously ruled in favor of counting such ballots.

“Both the Pennsylvania Supreme Court and the United States Court of Appeals for the Third Circuit have held that mail-in ballots should not be disqualified simply because the voters failed to hand write a date on the exterior mailing envelope of their ballots. Because all ballots are time stamped by the County Boards of Elections on receipt, a voter’s handwritten date is meaningless,” McCormick’s chief legal counsel said in a statement.

The state Republican Party issued its own statement against counting the ballots.

While the Republican Party of Pennsylvania looks forward to supporting the Pennsylvania Republican U.S. Senate nominee, whoever it may be, we absolutely object to the counting of undated mail-in ballots,” the party’s statement read.

“We have worked hard towards restoring confidence in our elections, and we call upon everyone to respect, uphold and follow the clear law on this issue.”

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