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The Philadelphia Inquirer
The Philadelphia Inquirer
Politics
Chris Brennan

Federal judge rejects call to restrain Trump supporters at Pa. polling places

PHILADELPHIA _ A federal judge on Monday rejected an attempt by the Pennsylvania Democratic Party to restrict the behavior of Donald Trump supporters at polling places in Tuesday's election.

U.S. District Judge Paul S. Diamond, in a ruling issued a few hours after a hearing in Philadelphia, was critical of the last-minute nature of the lawsuit, filed last week.

He said the Democratic Party "contrived to transform this litigation into a mad scramble" with the late filing and by not producing any evidence of the claim that Trump and his supporters are "illegally conspiring to suppress minority voting."

The lawsuit was part of a wave of recent legal filings by Democratic parties in Ohio, Arizona, Nevada, North Carolina and Michigan. Marc Elias, general counsel to the campaign of Democratic nominee, Hillary Clinton, was listed on each action.

Diamond, in his ruling, cited a lack of specific claims in the testimony from two witnesses called to testify by the Democratic Party during Monday's hearing _ the Rev. Mark Kelly Tyler of Mother Bethel AME Church and former Philadelphia City Councilman Angel Ortiz.

"Neither witness knew of any actual voter intimidation efforts or of any voters who had actually been intimidated," Diamond wrote. "Rather, both were concerned that Mr. Trump's statements 'might' or 'could' intimidate African-American or Latino voters."

Trump, in rallies in Pennsylvania, has claimed the election is "rigged" and exhorted his supporters to travel to "certain areas" like Philadelphia to watch for voter fraud.

The Pennsylvania Republican Party, in a recent lawsuit, sought to overturn the state Election Code's provision that requires poll watchers to be registered to vote in the county where they serve.

In a ruling last week that took a similarly dim view of that lawsuit's timing, U.S. District Judge Gerald Pappert denied the Republican request.

The Democratic Party also sought to restrain Roger Stone Jr., a longtime national political adviser, and a group he advocated for, Stop the Steal Inc., which has said it plans to perform exit polling Tuesday. The lawsuit also looped in the state Republican Party.

Stone, in a declaration filed with the court Monday, said he is a volunteer manager for Stop the Steal and has "no intention whatsoever of violating any law."

Stone said last week he is not working with the Trump Campaign or the Republican Party on the project.

The Democrats have not fared well with these legal filings.

A federal judge in Ohio granted the Democratic Party's request for a temporary restraining order against Trump's campaign, Stone and Stop the Steal on Friday but denied it for the state Republican Party. An appeals court in Ohio then overturned that order.

The Ohio Democratic Party is now appealing to the U.S. Supreme Court.

In Arizona, a federal judge on Friday rejected the state Democratic Party's request for a temporary restraining order.

In Nevada, a federal judge also rejected on Friday a request from the state's Democratic Party for a temporary restraining order.

There were hearings scheduled Monday for the lawsuits filed in North Carolina and Michigan.

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