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Pennsylvania Cases November 09, 2020: In re Canvassing Observation

Up to Pennsylvania Cases

Court: Pennsylvania Supreme Court
Date: Nov. 9, 2020

Case Description

240 A.3d 614 (Table)

IN RE: CANVASSING OBSERVATION

Petition of: City of Philadelphia Board of Elections

No. 425 EAL 2020

Supreme Court of Pennsylvania.

November 9, 2020

ORDER

PER CURIAM .

AND NOW, this 9th day of November, 2020, the Petition for Allowance of Appeal is GRANTED on the following issues:

1. Whether, as a matter of statutory construction pursuant to Pennsylvania law, the Commonwealth Court erred in reversing the trial court, which concluded that Petitioner City of Philadelphia Board of Elections' regulations regarding observer and representative access complied with applicable Election Code requirements.
2. Whether the issue raised in Petitioner's petition for allowance of appeal is moot.
3. If the issue raised in Petitioner's petition for allowance of appeal is moot, does there remain a substantial question that is capable of repetition yet likely to evade review, and, thus, fall within an exception to the mootness doctrine.

This grant order should not be viewed as a stay on the ongoing processing and counting of ballots.

The Prothonotary is directed to set an expedited briefing schedule for the parties.

Chief Justice Saylor and Justice Mundy note their dissent.