Mail-In Voting Struck Down In PA: Latest Updates

PENNSYLVANIA — Mail-voting, once a seemingly innocuous and broadly popular attempt to expand voting access turned into a partisan touchstone that was at the heart of conspiracy theories and falsehoods during the pandemic and the 2020 election, has been declared unconstitutional by the Commonwealth Court in Pennsylvania.

The decision drew national attention and commentary from major figures on both sides of the aisle, including former President Donald Trump.

"Big news out of Pennsylvania, great patriotic spirit is developing at a level that nobody thought possible," Trump said in a statement shared by his spokesperson, Lisa Harrington. "Make America Great Again!"

The Commonwealth Court ruled 3-2 last week that Act 77, which received broad bipartisan support when it was originally passed in Oct. 2019, was unconstitutional. The bill provided what was termed "no excuse mail-in voting" that allowed anyone to vote by mail.

Republican judges argued that the move required an amendment to the state constitution.

Gov. Tom Wolf's administration immediately appealed the decision. It will now head to the state Supreme Court, which holds a 5-2 Democratic majority, for a final ruling.

"My admin. just appealed and this ruling will not immediately impact mail-in voting," the governor said. "Now Republicans want to strip away mail-in voting for a big lie. We must protect voter freedoms."

The suit to have the ruling overturned was filed by Bradford County Commissioner Doug McLinko and other Republicans.

Democrats around the state excoriated the ruling. State Sen. Katie Muth called it "the latest attempt to throw this election cycle into chaos, confuse voters, and disenfranchise millions."

"More than 5M mail-in ballots have been cast by voters of both parties in the 4 elections since our bipartisan mail-in voting law was signed in 2019," Attorney General Josh Shapiro said. "More Republicans voted for this law than Democrats. These are facts."

It's not yet certain when the state Supreme Court will hear the case, or if a final decision will be reached in time to impact the May primary.

While the courts ruminate, however, mail-in voting will remain in place, and Pennsylvanians can still request mail-in ballots in the meantime.