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: Some counties will miss election results certification deadline – Delays shouldn’t affect statewide certification, experts say. | Emily Previti/WITF
At least four counties home to about 800,000 voters will not have election results certified when they’re due Monday to the Pennsylvania Department of State, though three of them expect to wrap up within the next couple days. Ultimately, minor delays in a handful of counties fully certifying their results shouldn’t affect the overall certification process statewide — in part because Pa.’s election code doesn’t set a hard deadline for statewide certification by the Secretary of State, which is normally a formality, voting law experts say. Of 40 counties to respond to WITF’s inquiry, at least eight with a combined 471,000 voters had already fully certified their results and sent them to the Pa. Department of State by Friday. Another 28 counties with nearly 6.9 million of the state’s 9 million registered voters confirmed they will hit Monday’s deadline. Schuylkill County officials say they will wrap up Tuesday, while Westmoreland County doesn’t expect to finish until next week due to pandemic-driven staffing shortages and a tight state Senate race. Berks and Luzerne election boards are scheduled to certify Wednesday. “Sometimes counties lag behind – that’s not unusual,” said ACLU of Pa. elections and voting rights consultant Marian Schneider, formerly deputy secretary for elections and administration at DoS. Schneider said that’s especially true when counties are dealing with recounts, close races and/or litigation over election board decisions such as the cases out of Philadelphia and Allegheny and Bucks counties.
Full Article: Some counties will miss Pennsylvania’s election results certification deadline | WITF
