Louisiana Supreme Court Allows Election Do-Over After 11 Illegal Votes Found In Race Decided By 1 Vote
The Louisiana Supreme Court let stand a lower court's decision that the existence of voter fraud in a sheriff's race warranted a new election.
A federal court on Tuesday blocked South Carolina from banning school mask mandates in a temporary order that is being contested by Gov. Henry McMaster (R).
U.S. District Judge Mary Geiger Lewis found in her ruling that a proviso of the state budget that prohibits schools receiving state funding from implementing face mask requirements discriminates against students with disabilities.
According to the judge and to plaintiffs represented by the American Civil Liberties Union, the law is discriminatory because students with disabilities are at greater risk from COVID-19 and in the absence of mask mandates they are denied access to in-person learning and other educational opportunities provided to other students.
"A review of the declarations provided by Plaintiffs in this case demonstrate, because of Proviso 1.108, Governor McMaster and AG Wilson have denied the minor plaintiffs meaningful access to in-person education, programs, services, and activities because of Proviso 1.108," Lewis wrote.
Plaintiffs argued that the mask proviso disproportionately affects students with underlying health conditions and denies them equal opportunity to learn in school in violation of the Americans with Disabilities Act.
"There is an inherent tension between the exercise of one's personal freedoms and rights, on the one hand, and the government's protecting the health of the public, on the other," the court said. "This case presents the added burden of making sure the government's public health measures are not infringing against one's right to be free from discrimination."
Following the court order, the South Carolina Department of Education issued a statement announcing it is reviewing the ruling and "will provide guidance to schools and districts on its implications."
Judge Lewis found that Proviso 1.108 is in violation of the Americans with Disabilities Act (Title II) and the Reha… https://t.co/Hpi6iFBwLM
— S.C. Department of Education (@EducationSC) 1632875788.0
That guidance came Wednesday, when the education department announced, "the immediate effect of the Court's order is that both the state and local school districts are prohibited from enforcing Proviso 1.108 and school districts now have the discretionary authority to require masks."
State Superintendent of Education @Molly_Spearman and the SCDE issued the following guidance to districts in respon… https://t.co/rGXBD95I5z
— S.C. Department of Education (@EducationSC) 1632934522.0
McMaster and South Carolina Attorney General Alan Wilson filed a notice to appeal the ruling on Wednesday, the Greenville News reported.
Bans on school mask mandates are being litigated in federal courts across the nation, with varying results.
In Texas and Florida, higher courts eventually overturned lower court rulings prohibiting those states from enforcing their bans on mandatory mask requirements for students. Courts in Arkansas, Arizona, Oklahoma, and Tennessee have either struck down or issued temporary orders blocking the governors of those states from enforcing bans on mandatory mask requirements in schools.
President Joe Biden's Department of Education has opened civil rights investigations in Iowa, Oklahoma, South Carolina, Tennessee, and Utah to determine whether prohibitions on mask mandates in those states unlawfully discriminate against students with disabilities.
Members of President Donald Trump's campaign Thursday allegedly were not being permitted to observe ballot counting in the Philadelphia Convention Center despite a court order issued earlier in the day allowing them to do so.
A Philadelphia court ruled Thursday morning that poll watchers were allowed to be within six feet of ballot counting at the Pennsylvania Convention Center rather than the previous 20-foot perimeter, KYW-TV reported.
Pam Bondi and Corey Lewandowski of the Trump Campaign presented the order, which went into effect at 10:30 a.m., the station said, adding that the pair said it allows them access inside and up to six feet of the vote-counters. KYW reported that they then walked inside the convention center.
Lewandowski, Bondi, and others head into the Pennsylvania Convention Center. They said they'll be observing the mai… https://t.co/7oDD5MIDfx— Erin McCarthy (@Erin McCarthy)1604590684.0
However, two videos posted to social media show Trump campaign representatives — including Lewandowski — declaring that they were being blocked from observing the count:
The latest via @CLewandowski_ https://t.co/VRbnit2ksM— Ron Coleman (@Ron Coleman)1604595215.0
Lewandowski said in the above clip that Philadelphia officials "refuse to honor the judge's order" giving them access and that it "flies in the face of democracy." He added that "the attorney for the city said they are going to evaluate ... the judge's order."
🚨 Here in Philadelphia with Former Democratic Candidate for Judge Michelle Hangley who is paid for by city tax paye… https://t.co/zfW5NigHeO— Corey R. Lewandowski (@Corey R. Lewandowski)1604600457.0
A woman who said she's an attorney representing Philadelphia stated in the above clip that the city is "evaluating" the judge's order and determining "what the order means" and "when they're ready to talk to you about it, they will." The woman also said the city isn't violating the court order by its actions.
Ballot counting in Philadelphia was halted for about an hour Thursday morning due to legal challenges, KYW said in a separate story. It isn't clear if above videos were recorded when counting was paused or not.
City commissioners tweeted later that the count was back on:
The count is going forward. There was a brief pause in light of the ongoing litigation, but it has resumed in accor… https://t.co/4RpygtK4u5— Philadelphia City Commissioners (@Philadelphia City Commissioners)1604597349.0
However, TheBlaze looked at the livestream referred to in the above tweet just before 4:30 p.m. Thursday, and it didn't appear to show poll watchers standing within six feet of ballot counters.
Still, Republican Philadelphia City Commissioner Al Schmidt told KYW that representatives from both the Trump campaign and from Democratic presidential nominee Joe Biden's campaign were watching the vote count.
"They're observing all of it," Schmidt noted to the station.
None of the three Philadelphia commissioners on Thursday immediately responded to TheBlaze's request for comment on the allegations that Trump officials were being prevented from observing the vote count despite the court order allowing them to do so.
The Associated Press reported late Wednesday that Trump's campaign sued to stop the Pennsylvania vote count over lack of "transparency" and was seeking to intervene in the Supreme Court case. Fox News said the lawsuit was meant to overturn a SCOTUS decision that allows Pennsylvania to continue counting mail-in ballots received after Tuesday until Friday, as long as they were postmarked by Nov. 3.
An NBC News reporter said Thursday she incorrectly tweeted that the Pennsylvania Supreme Court overruled the lower court's decision favoring the Trump campaign and added that the state's high court hasn't "weighed in" on the case yet.
Pennsylvania officials on Thursday were still counting mail-in ballots for Trump and Democratic presidential nominee Joe Biden. Winning the state's 20 electoral votes would put Biden above the 270-vote threshold that determines the winner of the election.