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In a lawsuit filed Monday, McCormick alleged Pennsylvania County Electoral Boards were “holding voters in limbo” for refusing to count those absentee and mail-in ballots — something he described as a violation of “voting rights protections in the United States.” the framework of the right to vote” under the Federal Civil Rights Act and the Pennsylvania Constitution.”

McCormick is in too close a race, trailing famed doctor Mehmet Oz by less than 0.1 percent — or about 987 votes, according to the Washington Post’s primary tracker. Under state law, a difference of 0.5 percent or less would trigger an automatic recount.