Sarge 91 said:
eric76 said:
BMX Bandit said:
Quote:
Number 3 is a huge issue. Kent says the legislatures cannot ignore previous election laws. Paxton says they can.
So if Paxton is right, can PA legislature ignore PA law and allow mail in votes for president?
Unfortunately I think you are right. , I don't think we will get an answer to any of this, but they are definitely fascinating questions
The Pennsylvania Constitution does not determine the legal method(s) of voting. Instead, it explicitly recognizes the methods of voting found in the law as being legal. Act 77 which was passed by the legislature and signed into law by the governor added mail-in voting as a legal method of voting. Thus, mail-in voting is recognized by the Pennsylvania Constitution as being legal.
Oh, since it is explicit, maybe you can provide a citation to the article and clause of the Penn Const that says this.
PS - check out Article VII, Section 14, which prescribes the only other permissible method besides in-person Election Day voting.
Sure thing.
Article VII, Section 4:
Quote:
Method of Elections; Secrecy in Voting
All elections by the citizens shall be by ballot or by such other method as may be prescribed by law; Provided, That secrecy in voting be preserved.
Check out Article VII, Section 14:
Quote:
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 State or county 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.
(b) For purposes of this section, "municipality" means a city, borough, incorporated town, township or any similar general purpose unit of government which may be created by the General Assembly.
This does not mandate any particular method of voting for absentee voting, but directs the Legislature provide a method of absentee voting and lists certain classes that are guaranteed the ability to vote absentee. They chose the wording in this manner for the purpose of making it clear that absentee voting can be extended to more than just the classes listed and have extended by law without having to amend the Constitution to do so. As an example, military spouses may vote by absentee ballot even though they are not listed as protected classes in Section 14.
The attorneys from the Pennsylvania government clearly see it the same way. Check out their response in the Kelly lawsuit in front of the US Supreme Court at
https://www.supremecourt.gov/DocketPDF/20/20A98/162968/20201208090425848_20A98%20Response%20in%20Opposition%20efile.pdfPay particular attention to pages 19 to 21 where they explain quite eloquently that Act 77 is Constitutional and make the same points.
