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HARRISBURG – In the wake of Election Day, President Donald Trump is fighting for the fate of his presidency through litigation in the Commonwealth Court of Pennsylvania and U.S. Supreme Court over the counting of absentee and mail-in ballots, votes that could very well decide the 2020 presidential race.
The Trump campaign filed a notice of appeal in the Commonwealth Court on Wednesday in order to rescind the Election Night decision of Philadelphia County Court of Common Pleas Judge Stella Tsai – who denied the campaign “meaningful access” to observe ballot counting at the Pennsylvania Convention Center in Center City, Philadelphia, where a barrier had been installed to divide Trump campaign operatives from the area where ballots were being tallied.
In mid-morning on Thursday, Commonwealth Court Judge Christine Fizzano Cannon ordered canvassing monitors be granted access to observe the vote counting process from no more than six feet away in adhering to COVID-19 protocols, and overturning Tsai's ruling.
Though about one million ballots from Philadelphia, Pittsburgh and their surrounding areas remain to be counted, the Trump campaign announced its victory in Pennsylvania on Wednesday afternoon.
GOP candidates in Pennsylvania also filed legal action in the Commonwealth Court to oppose counties, campaigns and political parties being able to obtain lists of voters whose mail-in ballots which had not been counted due to procedural mistakes, such as missing signatures or privacy envelopes, and the ability to contact them to cast provisional ballots on Election Day.
Yet more litigation filed in the Commonwealth Court on Wednesday seeks a court order to block counties from counting absentee or mail-in ballots, when voters fail to provide proper proof of identification, such as a driver’s license number or copy of another ID, before Nov. 9.
State Election Code allows voters six days after the election to correct such an error, but a lawsuit from the Trump campaign alleges Secretary of the Commonwealth Kathy Boockvar violated state law by extending that deadline to nine days.
In the U.S. Supreme Court, the Trump campaign asked to intervene in the lawsuit brought by Pennsylvania’s Republican Party, which alleged the three-day extension to receive ballots granted by the Supreme Court of Pennsylvania detracted from state lawmakers’ ability to oversee elections.
While the nation’s high court was previously deadlocked on the issue 4-4, the Trump campaign argued the case has a “federal constitutional question of nationwide significance” and should be heard.
Gov. Tom Wolf indicated that the various forms of litigation and observation demands from the Trump campaign were tantamount to voter intimidation, and said the state would continue the ballot counting process unimpeded.
“Pennsylvania is going to count every vote and make sure that everyone has their voice heard. Pennsylvania is going to fight every single attempt to disenfranchise voters and continue to administer a free and fair election,” Wolf stated.
“Our election officials at the state and local level should be free to do their jobs without intimidation or attacks. These attempts to subvert the democratic process are disgraceful.”
Meanwhile, the Trump campaign is stalwart in its determination to see the election through to the end.
“With these key actions, President Trump is telling all Americans he will do whatever it takes to ensure the integrity of this election for the good of the nation,” Trump’s Deputy Campaign Manager Justin Clark stated.
In addition to suing in attempt to stop the counting of votes in Pennsylvania, the Trump has also launched litigation over ballots in both Georgia and Michigan, and aims to obtain a recount in Wisconsin.
Both Michigan and Wisconsin were projected to go to Biden on Wednesday, while the states of Pennsylvania, Georgia, North Carolina and Nevada remain too close to call at this time.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com