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.“
Trump’s Pennsylvania allies appeal legal bid to overturn the election to Supreme Court, even as Barr says there’s no evidence of widespread fraud | Jeremy Roebuck/Philadelphia Inquirer
Even as the nation’s top prosecutor said Tuesday that the U.S. Justice Department had not uncovered evidence of widespread voting fraud that would have changed the outcome of the 2020 election, President Donald Trump and his allies in Pennsylvania persisted with their unsupported claims of a stolen election and sought to revive rejected legal bids to overturn the results. Rep. Mike Kelly (R., Butler), one of Trump’s top boosters in Congress, turned to the U.S. Supreme Court, asking it to issue an emergency order decertifying the state’s returns, which declared President-elect Joe Biden the victor by some 81,000 votes. Meanwhile, Rudy Giuliani, the president’s lawyer, continued his barnstorming of battleground states that started with a raucous GOP rally in Gettysburg last week by announcing plans for a similar event on “election irregularities” in Michigan on Wednesday. But despite the continued refusal of the president and his allies to concede his loss, Attorney General William Barr broke significantly with them Tuesday during an interview with the Associated Press, saying there was little reason to doubt the results. He said: “We have not seen fraud on a scale that could have effected a different outcome in this election.”
