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Majority Of Pennsylvania Mail-In Ballots Unconstitutional: Commonwealth Court Rules

The Pennsylvania Commonwealth Court has ruled that no-excuse mail-in ballots in the state are unconstitutional.

Official mail-in ballot

Official mail-in ballot

Photo Credit: Cecilia Levine

The specific ballots the Court ruled on Friday morning were that of Act 77 which allowed residents to vote without giving any excuse for needing to vote by mail.

The court believes that this act violates Article VII, Section 1 of the Pennsylvania constitution.

In the ruling, Commonwealth Court President Judge Mary Hannah Leavitt 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.'"

The decision was made by a five-judge Commonwealth Court panel but Gov. Tom Wolf’s administration is expected to appeal to the state Supreme Court. 

Act 77 of 2019 allowed Pennsylvanians to legally vote with no-excuse mail-in voting. Prior to this act Pennsylvanians had to apply to qualify in order to vote by absentee mail in ballots.

The majority of mail-in ballots cast in the state were no-excuse, according to election officials.

The Act was initially passed with 27-0 in the Senate, and 105-2 in the House. 

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