A Pennsylvania Commonwealth Court ruled the state’s mail in ballot law — Act 77 — is unconstitutional, as former President Donald Trump claimed.
“If presented to the people, a constitutional amendment to end Article VII, Section 1 requirement of in-person voting is likely to be adopted,” Commonwealth Court Judge Mary Leavitt opined, adding, “but a constitutional amendment must be presented to the people and adopted into our fundamental law before legislation allowing no-excuse mail-in voting can be placed upon our statute books.”
Governor Tom Wolf (D-Pa.) administration officials confirmed the decision will be appealed to the Pennsylvania Supreme Court. The appeal stays the Commonwealth Court’s injunction, keeping Act 77 in place until a final ruling is made. A City&State Pennsylvania report noted the 2019 voting act was a bipartisan legislation but the ruling has promoted different reactions from different parties.
State Senate Democratic Leader Jay Costa is frustrated by the court’s ruling. “While I am surprised and disappointed by this decision, it will be appealed – and I’m hopeful for a reversal by the Pennsylvania Supreme Court,” Senator Costa said. “Act 77 was a bipartisan, bicameral achievement that protected and improved access to the ballot box. It must be protected.”
Senate President Pro Tempore Jake Corman (R-Bellefonte) sees things slightly different. He said he hopes the ruling will force Gov. Wolf to the bargaining table to revamp Act 77.
“I am going to introduce similar legislation with key components including voter ID, elimination of straight party voting, an end to drop-boxes, a ban on outside money, and a provision for independent audits of elections by third parties,” said Senator Corman. “My plan will expand access, increase integrity, and prevent fraud and give Pennsylvanians an election system they can believe in.”
“This lawsuit is an attack on the right to vote,” opined Reggie Shuford, executive director of the ACLU of Pennsylvania. “Vote-by-mail has been wildly successful, with millions of Pennsylvanians taking advantage of the option in 2020 during the worst pandemic in a century. We’re on the side of democracy; we believe that voting should be convenient and accessible.”
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