The Democratic Party has sued the PA election board over provisional ballots that were discarded as the recount continues

The Democratic Senatorial Campaign Committee filed a lawsuit Monday over the provisional ballot count in Bucks County, Pennsylvania, alleging that the rejected ballots violate both the due process clause of the US Constitution and other protections for American voters.

The lawsuit, which DSCC filed in state court against the Bucks County Board of Elections on behalf of Sen. Bob Casey, is the latest in a series of legislative moves in the Keystone State as it begins its official recount of Senate elections.

The lawsuit centers on 74 provisional ballots in Bucks County that were rejected because they did not have the inside “confidential envelope” required for provisional ballots in the state.

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Democratic Party lawyers argued in court that provisional ballot errors were the “direct result” of incorrect instructions from poll workers, rather than the voters themselves, and therefore violated both the due process clause and the Help America Vote Act (HAVA). ), which means that a person’s provisional vote “shall be counted… in accordance with state law” if election officials determine that the person is eligible to vote.

By excluding these provisional ballots that were the result of poll worker errors, attorneys argued, the Bucks County Board of Elections is “unlawfully denying” voters and hurting Casey’s election prospects.

The case focuses on just 74 electoral votes, making it unlikely that it will have a major impact on the recount in Pennsylvania.

But it comes amid a flurry of recent upsets in the Keystone State, where Republican candidate David McCormick edged Casey by just 17,000 votes, according to unofficial data from the State Department — putting Casey well within the required 0.5% margin of error. Pennsylvania law to trigger automatic recount.

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Supporters of former President Trump attend a campaign rally in State College, Pennsylvania. (Charly Triballeau/AFP via Getty Images)

The Senate recount began Monday, and will continue until Nov. 26.

Republican Party officials argued that the results were decisive and that Casey had no clear path to victory.

They also criticized Casey for refusing stop recalculatingnoting that it will cost taxpayers an estimated $1 million.

McCormick, on the other hand, asked for a recount in 2022 after he was defeated in the Republican Senate primary by TV personality Dr. Mehmet Oz.

The news of the case comes after the Supreme Court of Pennsylvania ruled Monday that mail-in ballots with incorrect or missing dates will not be counted in the 2024 election, handing a victory to Republican officials as they continue to defend their hard-fought Senate victory.

President Biden and Sen. Bob Casey visited the Allentown Fire Training Academy in Allentown, Pennsylvania. (Mandel Ngan/AFP via Getty Images)

Casey’s campaign used news of the DSCC case to reiterate their criticism of the many Republican-led cases filed in the commonwealth, and suggested they risk alienating voters.

“Thousands of Pennsylvanians’ votes are still being questioned across the state as David McCormick and statewide Republicans work to get eligible voters’ ballots accepted by state election boards,” a spokesperson for the campaign told Fox News Digital.

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Casey “will continue to fight voter withdrawal efforts to ensure that the voices of Pennsylvanians are heard and that eligible voters can participate in our democracy,” the spokesman said.

The DSCC did not immediately respond to Fox News’ request for comment on the case.