No-Excuse Mail In Voting In Pennsylvania Struck Down

No-Excuse Mail In Voting In Pennsylvania Struck Down

In the age of COVID, mail-in voting became all the rage across the nation. Many states adopted the practice as an alternative to in-person voting.

Over a year after the 2020 election where mail-in ballots were a huge fraud risk, lawsuits challenging the laws put in place to allow for mail-in voting are finally being heard by state and federal courts, and one by one those laws are being either struck down.

The latest to be tossed by a court is Pennsylvania’s mail-in ballot law. This time, it wasn’t because it was an executive order from the governor’s office rather than legislation. Apparently, the law passed in Pennsylvania violated the state’s constitution.

The Pennsylvania Commonwealth Court said the state’s constitution requires votes to be cast in person unless voters meet certain requirements. The ruling will likely be appealed to the Pennsylvania Supreme Court, which leans Democratic.

Fourteen Republicans in the Pennsylvania House of Representatives sued last year, arguing that the law was unconstitutional. Eleven of those GOP lawmakers voted for Act 77 in 2019.

In its decision, the court noted that the law has expanded access to the ballot, but the majority said that any changes to mail voting laws would require a constitutional amendment.

“No-excuse mail-in voting makes the exercise of the franchise more convenient and has been used four times in the history of Pennsylvania,” wrote Judge Mary Hannah Leavitt, a Republican. “Approximately 1.38 million voters have expressed their interest in voting by mail permanently. If presented to the people, a constitutional amendment…is likely to be adopted. But a constitutional amendment must be presented to the people and adopted into our fundamental law before legislation authorizing no-excuse mail-in voting can ‘be placed upon our statute books.'”

Given that the population of Philadelphia is larger than that number, and that does not include suburbs, Pittsburgh, or any other part of the state, there’s a good chance putting such a provision on a ballot with heightened attention to the fraud situation that the issue will be put to rest for good.

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