PA's Mail-In Voting Law Ruled Unconstitutional

PENNSYLVANIA — Pennsylvania's mail-in voting law, a transformative change to the nature of elections that was put in place before the pandemic made it more widely necessary, was ruled unconstitutional in the state's Commonwealth Court on Friday.

The ruling, which was voted along party lines, 3-2, is expected to be appealed.

The suit was filed by Bradford County Commissioner Doug McLinko and other Republicans.

The original bill, Act 77, was passed with overwhelming bipartisan support in Oct. 2019, as both Democrats and Republicans touted the need to make voting more accessible to larger groups.

Friday's decision drew sharp rebuke from the left.

"The party-line Commonwealth Court decision declaring mail-in ballots unconstitutional is immediately outrageous and portends a deepening crisis in our democracy," the Pennsylvania Budget and Policy Center said in a statement. "That the Republicans on the Commonwealth Court are willing to interject themselves into critical election issues in such a partisan way suggests that they, along with the Republicans in the General Assembly...have dispensed with an effort to govern by principle and reasoned debate."

However, Republican opinion of mail-in voting sharply shifted at the start of the pandemic leading up to the 2020 primaries, as the option was used primarily by Democratic voters.

Mail-in ballots have been a contentious issue ever since the pandemic began, particularly in Pennsylvania where the outcome of recent elections has been so close.

While mail-in voting is banned for the time being, the likely pending appeal from Gov. Tom Wolf's administration would stay that ruling for the time being.

After appeal, the decision would head to the state Supreme Court, which is controlled by a 5-2 Democratic majority.

Read the full opinion here.

This is a breaking story. Check back for details as they become available.