January 29, 2022

On Friday, the Commonwealth Court of Pennsylvania declared that Act 77, Pennsylvania’s ‘No Excuse’ Mail-In Voting Law, does not comply with the State’s Constitution.

Writing for the majority, Judge Mary Hannah Leavitt said, “No-excuse mail-in voting makes the exercise of the franchise more convenient and has been used four times in the history of Pennsylvania.  Approximately 1.38 million voters have expressed their interest in voting by mail permanently.  If presented to the people, a constitutional amendment to end the
Article VII, Section 1 requirement of in-person voting 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.” Lancaster City, 126 A. at 201.

For these reasons, we grant summary relief to McLinko and declare that Act 77 violates Article VII, Section 1 of the Pennsylvania Constitution, PA. CONST. art. VII, §1.  We deny the Acting Secretary’s application for summary relief on the procedural and substantive grounds proffered therein.”

The opinion can be found here:  PA Court Opinion on Act 77

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