A statewide court says Pennsylvania’s expansive two-year-old mail-in voting law is unconstitutional, agreeing with challenges by Republicans. According to a Commonwealth Court filing released Friday, the court ruled that Act 77, allowing residents to vote by mail in Pennsylvania, violates Article VII, Section 1 of the Pennsylvania constitution, Amy Lutz with FOX43 reported.
Following Friday’s ruling, 45th President Donald J. Trump issued a brief email statement from his “Save America” PAC, saying that “great patriotic spirit is developing”.
FOX 43 reported:
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.'”
Friday’s decision by a five-judge Commonwealth Court panel could be put on hold immediately by an appeal from Gov. Tom Wolf’s administration to the state Supreme Court.
The decision throws the state’s voting laws into doubt in a big election year. The three Republican judges agreed with Republican challengers. The two Democrats on the panel dissented. Continued Below
“Big news out of Pennsylvania, great patriotic spirit is developing at a level that nobody thought possible. Make America Great Again!” Trump said, praising the court’s decision and attached a link to read the article from FOX 43.
Pennsylvania’s attorney general, Josh Shapiro, said in a statement the opinion will be immediately appealed and will not have any immediate impact on Pennsylvania’s upcoming elections, KDKA CBS 2 Pittsburgh reported.
2.6 million mail-in ballots were counted in Pennsylvania in the 2020 general election, according to the Pennsylvania Department of State. Continued Below
The U.S. Supreme Court last February, refused to hear the case. Rep. Mike Kelly (R-PA) had asked the Supreme Court to consider his lawsuit, which challenged mail-in voting policies in his home state of Pennsylvania. Kelly argued that Act 77, the 2019 state statute that authorized universal, no-excuses mail-in voting, violated the Constitution.
Trump’s spokesperson Liz Harrington tweeted a screenshot of Trump’s email statement:
"Big news out of Pennsylvania, great patriotic spirit is developing at a level that nobody thought possible. Make America Great Again!" – President Donald J. Trump
— Liz Harrington (@realLizUSA) January 28, 2022
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