A Pennsylvania Court ruled that the state’s law which allowed no excuse absentee voting violates the state constitution and a constitutional amendment would be needed to modify the voting law. The state law was passed in 2019 by the Republican-controlled legislature with overwhelming Republican support. The lawsuit arguing that the law was unconstitutional was brought by Republican lawmakers. That was a quick change of heart.
Our local NPR station WHYY explains the whole sad situation is an article beginning this way.
Pennsylvania’s Commonwealth Court handed down an opinion early Friday declaring a major election law unconstitutional. The 2019 law, known as Act 77, dramatically expanded mail voting ahead of the 2020 election, passing with near-unanimous Republican support. Then, in the wake of former President Donald Trump’s loss, it became a target of GOP vitriol.
I should say at this point I am not a lawyer and I read the state constitution today for the first time. Actually, I find it rather long and wordy so I just skimmed and looked at what seemed to me to the relevant parts. The section below seems to be what the judges what talking about
It is Article VII Section 14 Paragraph (a) of the CONSTITUTION of the COMMONWEALTH OF PENNSYLVANIA
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/00/00.HTM
§ 14. Absentee voting.
(a) The Legislature shall, by general law, provide a manner in which, and the time and place at which, qualified electors who may, on the occurrence of any election, be absent from the municipality of their residence, because their duties, occupation or business require them to be elsewhere or who, on the occurrence of any election, are unable to attend at their proper polling places because of illness or physical disability or who will not attend a polling place because of the observance of a religious holiday or who cannot vote because of election day duties, in the case of a county employee, may vote, and for the return and canvass of their votes in the election district in which they respectively reside.
It may be the longest sentence most of you will ever see. It clearly says the legislature shall by general law provide for absentee voting and lists several situations. It is unclear to me if those are the only conditions allowed or if the legislature has a bit of flexibility to allow additional conditions. I am total confused by the last part about county employees
If they are the only conditions allowed it seems voters who want to vote absentee just need an excuse such as :
- I plan on being out of town on Election Day
- Some of these candidates make me sick, I’ll be ill and should stay home
- For me, it is a religious holiday
They may think this is a joke so maybe it is not worth trying.
Hard to believe but also hard to refuse.
On the other hand the State Supreme Court overturn this ruling and we may not need excuses.