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And we’ve got our first motion in Philly election court by the Trump legal team.
Trump’s lawyer has made a “Motion to allow them to ‘meaningfully’ observer the canvassing of the VBM ballots.”
Arguing that observers cannot see or hear what is happening due to the set up at the convention center. There is apparently a gate separating observers from the city employees processing the ballots.
Both the Pa Dems and City attorneys have entered appearances and arguments are going to begin shortly after some administrative matters are being addressed.
City attorney asserts that the city has put in place necessary and reasonable security protocols and health protocols to protect voter privacy, the integrity of the ballots and the health of observers and workers.
Also argues that the right to “meaningful observation” that the Trump attorney is seeking isn’t provided for under the election code.
This is the provision of the code that the Trump legal team is relying on as the basis of their argument.
https://govt.westlaw.com/pac/Document/N87078720747311EA9442A8B1D44F01DC?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
https://govt.westlaw.com/pac/Document/N87078720747311EA9442A8B1D44F01DC?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
Attorney for the PA Dems, “Biden campaign supports the city’s position.”
Current setup is adequate and meets standards of the law.
Observing doesn’t mean they are allowed to interfere and be right up against the workers.
Current setup is adequate and meets standards of the law.
Observing doesn’t mean they are allowed to interfere and be right up against the workers.
Trump campaign has a witness ready to testify. Dems seek adjournment opportunity to put on their own witness. Trump attorney objects to adjournment.
‘We are not asking to audit, we are not seeking to interfere...every minute we wait is another minute we are unable to watch.’
‘We are not asking to audit, we are not seeking to interfere...every minute we wait is another minute we are unable to watch.’
Court is going to adjourn for 15 minutes.
Lawyers are streaming back into the court room.
In his arguments, the attorney for the Biden campaign referenced a similar attempt in Nevada to expand observer access to ballot canvassing. https://www.bloomberg.com/news/articles/2020-11-02/trump-loses-nevada-suit-to-halt-ballot-count-in-observer-suit
The Trump campaign is asking the court to withdraw its motion without prejudice.
Without prejudice means that they want to reserve the right to make this motion again.
New motion on behalf of the Trump campaign under section 3146.8(g)(1.1)
Alleging that Biden campaign is violating statue by allegedly seeking contact information on deficient ballots so they can notify the voter that his or her ballot has been deemed deficient.
Alleging that Biden campaign is violating statue by allegedly seeking contact information on deficient ballots so they can notify the voter that his or her ballot has been deemed deficient.
Trump’s lawyer arguing that releasing contact info violates the provision of the statue that states “No person observing, attending or participating in a pre-canvass meeting may disclose the results of any portion of any pre-canvass meeting prior to the close of the polls.”
Basically, Trump’s legal team doesn’t want the Biden team to have the ability to have voters whose ballots were rejected cast new votes.
City attorney:
- City agrees that no one may disclose results of the pre-canvass. City argues that results means vote counts.
- doesn’t believe the information that the Trump campaign is referencing is info the city is providing to observers
- City agrees that no one may disclose results of the pre-canvass. City argues that results means vote counts.
- doesn’t believe the information that the Trump campaign is referencing is info the city is providing to observers
Trump states they have a witness who will testify that the “board of election workers are revealing which ballots aren’t passing preliminary review and watchers have stated they need the information so voters can try to cure their ballot.”
Judge encouraging the parties to have a conversation to try to work it out before taking testimony.
City’s position is somewhat murky. “We agree the statue says what it says, but not as to the interpretation.” Pa Dems have not weighed in - stand by City’s position.
IMHO, the heart of the issue is whether voter information is a “result” of a portion of a pre-canvass meeting.
City is arguing that results means actual votes; Trump argues results includes whether ballot was sufficient and any information related to that ballot.
City is arguing that results means actual votes; Trump argues results includes whether ballot was sufficient and any information related to that ballot.
Parties are in the antechamber trying to figure out whether they can come to an agreement about what is acceptable. If not, we’ll likely hear witness testimony via zoom.
Here’s a screenshot of the canvass space in the PA Convention Center.
Philly has two election court rooms today. Just popped over to the other one and no matters are pending.
And for those wondering, no, there is no way to stream proceedings. PA law prohibits audio and video recordings in the court room.
Lawyers and Judge are back. Let’s see where we are.
Judge is asking for a status update of the motion on the info sharing. Per the city the “lawyers for the city are still discussing.”
Trump Attorney is making a 3rd Motion. “The various candidates on the GOP ticket have poll watchers who were issued poll watcher certificates by the city...”
States poll watchers are issued certificates with a ward / division number but these certificates are good at any polling place in the city, not just the one listed.
Trump atty alleges that duly appointed republican pollwatchers are being kicked out of polling places by JOEs.
Trump atty alleges that duly appointed republican pollwatchers are being kicked out of polling places by JOEs.
25 ps 2687(b) is the statue Trump atty is relying on.
https://codes.findlaw.com/pa/title-25-ps-elections-electoral-districts/pa-st-sect-25-2687.html
https://codes.findlaw.com/pa/title-25-ps-elections-electoral-districts/pa-st-sect-25-2687.html
City agrees with interpretation of the law. Notes that JOEs are independently elected and that they are happy to reach out to correct the issue. “This is a mountain out of a mole hill.”
Trump campaign, “this is happening all over the city in at least 30 polling places.”
Trump campaign, “this is happening all over the city in at least 30 polling places.”
City says they don’t have the capability to reach out to all 1700 polling places.
Biden campaign wants to make sure Trump poll watchers are respecting the numerical limit set by law.
Biden campaign wants to make sure Trump poll watchers are respecting the numerical limit set by law.
Each candidate and party get one watcher. This year that would mean each party would get at least 5 potential watchers per polling place (E.g., Trump / RNC / State Row offices (x3))
Trump campaign, “We only assigned one watcher to each division. We don’t have those numbers.”
Trump campaign, “We only assigned one watcher to each division. We don’t have those numbers.”
While a JOE may have to permit a duly appointed poll watcher to observe polling place operations, if that watcher does anything to disrupt operations or, intimidate or coerce voters, the JOE has the authority to remove that watcher to ensure a fair election.
No allegations of poll watcher abuse of position have been made in court, just making a point that having a certificate isn’t a license to intimidate pr disrupt.
So for those keeping score at home:
Trump Motion 1: meaningful observation at canvass, withdrawn
Trump Motion 2: preventing sharing of voter info with observers of canvass (pending)
Trump Motion 3: requiring duly appointed GOP poll watchers access to polling places (pending)
Trump Motion 1: meaningful observation at canvass, withdrawn
Trump Motion 2: preventing sharing of voter info with observers of canvass (pending)
Trump Motion 3: requiring duly appointed GOP poll watchers access to polling places (pending)
Lawyers lawyering in the hallway still.
This lull in activity appears to be Trump campaign working to ID the list of polling places where their certified poll watchers were improperly turned away.
(Aside: This is where having a strong eday operation is so important - ability to observe, collect and transmit issues.)
(Aside: This is where having a strong eday operation is so important - ability to observe, collect and transmit issues.)
Judge wants a status update.
Trump Atty - re: GOP poll watcher issue working on getting list polling locations not following law out to city attorney to resolve that way
(Motion 2) Pre-canvass info release issue: still no agreement about that.
Trump atty position is that it doesn’t matter if both parties get access to info at the same time - position is that the info should not be released prior to the close of polls at 8pm to either party.
Trump atty position is that it doesn’t matter if both parties get access to info at the same time - position is that the info should not be released prior to the close of polls at 8pm to either party.
So we continue to wait.
Switching court rooms. Another Trump motion.
Trump atty presenting testimony that a voter in 36-15 voted on a machine without turning in his or her vote by mail ballot.
Arguing that this could be a double vote if the mail in ballot had been sent. Seeking court order taking the machine out of use.
Other issue raised - improper illegal electioneering of someone wearing a t-shirt with candidate name.
The court has recessed for 30 minutes to provide the parties an opportunity to look up the voting status of the person alleged to have possibly double voted.
Meanwhile, word on the street is that the Trump canvass observers are apparently using binoculars down at the convention center in order to overcome the distance issue that was the subject of an earlier motion that was withdrawn.
Sounds like the parties have gotten to the bottom of the situation in 36-15 as far as voter status / process. Waiting on the judge to resume the hearing; expect Trump attorneys to maintain their request that the machine be impounded.
We’re back. City states that no ballot was received from the voter who allegedly double voted.
Voter will be affirming a declaration that she spoiled her own ballot. Therefore no double vote.
City dispatching commissioners office to reaffirm proper procedures.
Voter will be affirming a declaration that she spoiled her own ballot. Therefore no double vote.
City dispatching commissioners office to reaffirm proper procedures.
Trump atty - affidavit doesn’t cure the issue. We want them to testify not just sign an affidavit.
Court is going to allow the voter to be called as a witness.
Court is going to allow the voter to be called as a witness.
We are recessed again to allow time for the witness to be located and for the commissioner’s office to make contact with the Judge of Election in 36-15.
We are back. Judge Fletman currently has two open motions before her:
1) republican poll watcher being prohibited in polling place.
1) republican poll watcher being prohibited in polling place.
Trump atty - worked with city and that issue has been resolved.
Judge - what are we doing with motion?
Trump - motion withdrawn without prejudice
Judge - what are we doing with motion?
Trump - motion withdrawn without prejudice
Next open motion - Trump objecting to information being released in violation of the pre-canvass
Trump attorney - this issue has been raised in Federal court in the ED of PA. Doesn’t want to withdraw the local motion though.
Trump attorney - this issue has been raised in Federal court in the ED of PA. Doesn’t want to withdraw the local motion though.
Here’s the story on the Federal lawsuit launched by Congressional Candidate Kathy Barnette. https://www.buckscountycouriertimes.com/story/news/2020/11/03/pennsylvania-election-lawsuit-montgomery-county-kathy-barnette/6140552002/
Trump attorney has changed mind on keeping canvass information issue motion open. She is now withdrawing it without prejudice.
The court will issue an order marking the three motions brought before her withdrawn without prejudice. No objections from city / Biden campaign.
The court will issue an order marking the three motions brought before her withdrawn without prejudice. No objections from city / Biden campaign.
