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A Pennsylvania court has ruled that the mass mail-in ballots that played a pivotal role in the 2020 election chaos are unconstitutional.
The Commonwealth Court ruled that Act 77, which allowed residents no-excuse absentee vote by mail in Pennsylvania, violates Article VII, Section 1 of the Pennsylvania constitution.
The Acting Secretary for the Pennsylvania Department of State had his application denied for summary relief. The ruling can be read in full below:
Commonwealth Court President Judge Mary Hannah Leavitt, who presided over a five-person panel of judges, wrote: “If presented to the people, a constitutional amendment to end 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 allowing no-excuse mail-in voting can be ‘placed upon our statute books.’”
It is unclear why the judge was making political assessments in her filing, but nonetheless it stands that the changes to the law violated the Pennsylvania constitution.
As the ruling states: “Act 77,inter alia, created the opportunity for all Pennsylvania electors to vote by mail without having to demonstrate a valid reason for absence from their polling place on Election Day, i.e., a reason provided in the Pennsylvania Constitution.”
“The central question presented in this matter is whether Act 77 conforms to Article VII of the Pennsylvania Constitution, which article governs elections,” the ruling states. “In resolving this question, we recognize that ‘acts passed by the General Assembly are strongly presumed to be constitutional’ and that we will not declare a statute unconstitutional ‘unless it clearly, palpably, and plainly violates the Constitution. If there is any doubt that a challenger has failed to reach this high burden, then that doubt must be resolved in favor of finding the statute constitutional.’”
As has become usual in state […]
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