The Daily Fuckup

On November 17, 2020, the Pennsylvania Supreme Court rejected the Trump campaign’s attempt to force Philadelphia election officials to move its observers closer to the ballot-counting tables. The justices held that the state Election Code gave watchers a right to be present in the room during canvassing, but did not set a minimum viewing distance or require a 6-foot placement.

The dispute turned on what “meaningful access” meant under Pennsylvania law. The Commonwealth Court had ordered the city to allow observers within 6 feet of the ballot-processing work. The Supreme Court undid that ruling and reinstated the trial court’s denial of the campaign’s request for closer access.

In the court’s reading, the statute required room to observe, not a campaign-selected setup for how the count had to be arranged. Philadelphia election officials had discretion over the layout of the canvassing area so long as watchers were permitted to remain in the room and observe the process.

The result left the Trump campaign with a talking point, but not a legal win. The justices drew a narrow line: Pennsylvania law protected observer presence, not a specific distance from the tables.