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.“
Divided Pennsylvania House approves audit of 2020 election, citing inconsistencies and confusion in electorate | Ford Turner/The Morning Call
A deeply divided state House on Thursday voted to approve a Republican-sponsored measure that sets up an audit of the 2020 election, citing inconsistencies and confusion in the electorate as evidence the process must be improved for future contests. The vote was 112 in favor of the audit and 90 against, with all Republicans and three Democrats voting in favor. “There is no need to fear this audit. I welcome it. We all should welcome it, to find out what went right and what went wrong,” said Bedford County Republican Rep. Jesse Topper, the prime sponsor of the audit resolution. The intent, he said, is not to look for fraud but to get an in-depth assessment of how the Nov. 3 election was carried out, in time to possibly take legislative action early next year to improve the system. The resolution directs the Legislative Budget and Finance Committee ― a bipartisan committee with members from both House and Senate ― to oversee a “risk-limiting” audit. It allows the committee to hire an outside contractor to do the work. It may begin almost immediately and is expected to be complete by early February, at the latest. Democrats attacked the proposal, calling it unconstitutional, damaging to democracy and unnecessary. Gov. Tom Wolf issued a written statement during the debate, saying any audit done by this approach would be “incomplete, duplicative and unreliable.”
