The Pennsylvania Supreme Court ruled 5-2 on Tuesday that observers’ rights to watch ballot counting was sufficient in Philadelphia, rejecting a claim from President Donald Trump’s campaign that poll observers didn’t get “meaningful access.” The Trump campaign argued that observers were stationed too far away to actually see the process of counting votes, and a lower court initially agreed with them, ordering that they be allowed closer to the process. The state Supreme Court, which had previously rejected other Republican arguments, vacated that lower court order on Tuesday. “We conclude the Board did not act contrary to law in fashioning its regulations governing the positioning of candidate representatives during the precanvassing and canvassing process, as the Election Code does not specify minimum distance parameters for the location of such representatives,” the court wrote in its majority order. “Critically, we find the Board’s regulations as applied herein were reasonable in that they allowed candidate representatives to observe the Board conducting its activities as prescribed under the Election Code.” The Trump campaign called the ruling “inexplicable” and signaled the legal battle wasn’t over. “This ruling is contrary to the clear purpose of the law,” Jenna Ellis, a campaign senior legal adviser, said in a statement. “The lower court rightly recognized that the intent and purpose of the Pennsylvania law is to allow election watchers from both parties to actually see the ballots close enough to inspect them, and thus prevent partisan ballot counting in secret.“
Pennsylvania Republicans Say Supreme Court Could Yet Upend Vote | Bob Van Voris/Bloomberg
Pennsylvania Republicans who sued to block additional steps to certify the state’s election results claim there’s a “reasonable possibility” the U.S. Supreme Court will take up their long-shot appeal and a “fair prospect” the justices will rule in their favor. Republican plaintiffs led by U.S. Representative Mike Kelly on Wednesday asked the Pennsylvania Supreme Court to grant an emergency delay of its ruling allowing state officials to complete their certification of results in favor of President-elect Joe Biden and other candidates. They said the status quo needed to be preserved while they try to appeal their case to the U.S. Supreme Court. Though President Donald Trump has often mused that the Supreme Court and its 6-3 conservative majority could deliver the election to him, legal experts doubt the court will get involved in any election disputes, especially since Biden’s electoral vote lead is large enough that no one case would change the results. Pennsylvania has argued that certification of Biden’s victory over Trump is complete, but the plaintiffs claim there are several steps that remain. The Electoral College vote to certify the presidential election results doesn’t take place until Dec. 14. The lawsuit claimed that a 2019 expansion of mail-in voting in the state was illegal under the state constitution. A Pittsburgh judge initially granted them an injunction, but the state supreme court overturned that decision and threw the case out on Saturday.
Full Article: Pennsylvania Republicans Say Supreme Court Could Yet Upend Vote – Bloomberg