(Reuters) – Republican U.S. Senate candidate David McCormick (NYSE:) has filed a lawsuit in a Pennsylvania court docket to compel counties to depend undated mail-in ballots in his major race towards TV character Dr. Mehmet Oz, whom he trails by lower than 1,000 votes.

The race between McCormick, a former hedge fund government, and Oz, who was endorsed by former President Donald Trump, for the Republican occasion nomination is shut sufficient to set off an computerized recount below Pennsylvania state regulation.

Whereas McCormick is barely behind Oz after the Could 17 vote, he’s effectively forward of his opponent in absentee ballots, in keeping with polling agency Edison Analysis. McCormick has obtained 45,794 mail-in votes, in contrast with Oz, who has 32,944.

In a press release, McCormick’s marketing campaign mentioned it sued on Monday in Pennsylvania’s Commonwealth Court docket “to compel the counties to comply with the Republican-leaning (Third Circuit Court docket) order from final week stating that undated ballots returned on time be counted.”

The assertion added that the ballots “are postmarked upon arrival to county boards of elections and, subsequently, already dated and confirmed to be well timed.”

It was not clear what number of mail-in ballots lack a handwritten date, and whether or not counting them may assist McCormick or make a recount much less possible. State election officers anticipate to know this week whether or not a recount might be wanted.

Pennsylvania’s Division of State, which oversees elections, mentioned it agreed that undated ballots should be counted within the Could 17 race, however suggested they be “segregated” and “appropriately logged pending litigation.”

“A dedication on whether or not the segregated tabulations might be utilized in certifying elections has not but been made, given the continuing litigation,” it mentioned.

The Pennsylvania Republican Celebration mentioned on Twitter (NYSE:) that they “completely object to the counting of mail-in ballots. Pennsylvania regulation and our courts have been very clear that undated ballots are to not be counted.”

In a press release on Twitter, Oz known as McCormick’s lawsuit “a tactic that might have long-term dangerous penalties for elections within the Commonwealth of Pennsylvania.”