Fox News host Sean Hannity on Thursday night floated the idea of a “do-over” of the presidential election in Pennsylvania if the vote count is found to be illegal and fraudulent.
Hannity acknowledged that the scenario is “something that has never been done.”
Pennsylvania is essential to the possible victory of Republican President Donald Trump. As such, its 20 electoral votes are hotly sought by both parties and the vote counting has been subject to lawsuits from the Trump campaign.
After Hannity quoted the part of the U.S. Constitution which requires legislatures to determine each state’s election laws, he said, “The state legislature they decide election law and regulations, not local or city officials.”
“And by the way,” Hannity continued, “it is illegal for them to block observers or restrict location to 20 or 100 feet where you can’t observe. It’s also illegal for the city of Philadelphia to disregard a court order mandating that observers be allowed back in.”
Hannity was referring to Thursday’s court decision by Judge Christine Fizzano Cannon, a Republican in the Pennsylvania Commonwealth Court, which immediately reversed a lower court’s denial of the Trump campaign’s motion to let election watchers in Philadelphia observe vote counters from only six feet away.
Attorneys for the Board of Elections appealed Judge Fizzano’s ruling to the state Supreme Court. In its filing, the board said that watchers observing vote counting in the Philadelphia Convention Center had been allowed to stand in an observation area where they wouldn’t impede the work of counters or potentially spread coronavirus.
According to Philadelphia Magazine, Linda Kerns, an attorney handling the case for the Trump campaign, wrote in her appeal of the lower court decision, “The Board of Elections seems to be indicating that as long as the watchers and representatives are in the room (whether the room is the size of an office or the size of a football field) that the requirements of the Election Code are met.”
“Allowing such a narrow interpretation defies logic and reasonableness,” she continued. “Mandating a distance that prevents a candidate or his watchers to be truly present actually shrouds the election process in a veil, denying transparency and accountability.”
Continuing his monologue, Hannity wondered, “Does that invalidate the process considering they are violating the law? And what is the remedy?”
“The only remedy I would see at that point is—they did it, and they violated the law, nobody can testify to the legitimacy of what their counting was—well what, a do-over in that state?” Hannity wondered, adding, “By the way, something that has never been done in a presidential election.”
The Trump campaign claims to have evidence of voter fraud in Pennsylvania. In a Thursday press conference outside the center following Judge Fizzano’s ruling, Trump campaign surrogate Pam Bondi said, “We are not going anywhere until they declare we won Pennsylvania.”
On Thursday afternoon, Pennsylvania Secretary of State Kathy Boockvar said the state would count most of its estimated 550,000 outstanding votes by the end of the day.
As of Thursday afternoon, Trump leads the state over Biden by about 114,000 votes. Trump must win the state to have a chance at re-election.
Newsweek contacted the Philadelphia City Commissioners for comment.