Trump campaign wins closer observation of Philadelphia ballot counting
2020 VRELDBRF 0093
By Josh Numainville
WESTLAW TODAY Voting Rights & Elections Briefing
November 5, 2020
(November 5, 2020) - The Philadelphia County Board of Elections must allow candidates, watchers and candidates' representatives within 6 feet of ballot canvassing procedures, a Pennsylvania appeals judge has ruled.
In re: Canvassing Observation, No. 1094-cd-2020 (Pa. Commw. Ct. Nov. 5, 2020).
Judge Christine Fizzano Cannon of the Commonwealth Court of Pennsylvania reversed a lower court ruling in a Nov. 5 decision, saying authorized observers are permitted within 6 feet, but must still follow COVID-19 safety protocols by wearing masks and maintaining social distancing.
The Trump campaign, represented by Ronald L. Hicks Jr. of Porter Wright Morris & Arthur LLP, filed the appeal Nov. 4 after the Philadelphia Court of Common Pleas denied its motion to allow closer observation of the canvassing process.
Poll observers were allowed before the ruling but had to maintain a greater distance from the ballot canvassing process.
In a press statement, the campaign said the ruling was "a major victory for election integrity, election transparency, all Pennsylvania voters, and the rule of law."
The Philadelphia County Board of Elections, represented by Mark A. Aronchick of Hangley, Aronchick, Segal, Pudlin & Schiller, has appealed Judge Fizzano Cannon's decision to the Pennsylvania Supreme Court.
By Josh Numainville
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