Court Sides With Republicans, Declaring Pennsylvania’s Mail-In Voting Law Unconstitutional

By SpotlightPA
Posted on 01/28/22 | News Source: SpotlightPA

HARRISBURG — An appellate court has ruled that Pennsylvania’s mail voting law is unconstitutional, but the decision is not likely to have an immediate impact as the Wolf administration plans to appeal to the state’s highest court.

The ruling by Commonwealth Court comes in response to suits filed by Bradford County Commissioner Doug McLinko and a group of Republican state representatives — many of whom voted for Act 77, the 2019 law that expanded no-excuse mail voting in Pennsylvania.

In a 3-2 decision along party lines, the Republican judges — citing extensively from past state Supreme Court rulings — said such a change would need to be made through an amendment to the Pennsylvania Constitution.

Friday’s decision sets the stage for the state Supreme Court, which is dominated by Democrats, to take up the matter. The high court in 2020 largely rejected GOP efforts to scale back the law, which will remain in place once the Wolf administration formally appeals, as it is expected to later Friday.