Several state courts issued major election integrity rulings this week that could have a profound effect on elections in swing states ahead of the 2022 midterms.
The Pennsylvania Commonwealth Court ruled on Friday that the state’s “no-excuse” mail-in voting law, also known as Act 77, violates the state’s Constitution which requires in-person voting for most people who don’t fit the state’s list of exceptions.
In a 3-2 decision, the court’s conservative majority determined that the expansion of mail-in voting put ballots in the hands of constitutionally ineligible people. While the court acknowledged that the law made voting “more convenient,” the judges noted that legislators can’t just ignore the Pennsylvania Constitution to get what they want.
“No-excuse mail-in voting makes the exercise of the franchise more convenient and has been used four times in the history of Pennsylvania,” the court’s opinion states. “Approximately 1.38 million voters have expressed their interest in voting by mail permanently. If presented to the people, a constitutional amendment … is likely to be adopted. But a constitutional amendment must be presented to the people.”
The law, known as Act 77, was passed by the Republican-controlled legislature and signed by Gov. Tom Wolf, a Democrat, in 2019. It permitted no-excuse absentee voting, created a permanent mail-in voter list, reduced the voter registration deadline from 30 days to 15, and provided for $90 million in election infrastructure upgrades. It also eliminated straight ticket voting.
The far-left Pennsylvania Supreme Court, which issued 2020 election rulings favoring Democrats, will most likely rule on the lower court’s decision to strike down the mail-in voting law following a quick appeal from the state on Friday afternoon.
Shortly before the 2020 election, the Democrat Party in Pennsylvania also used leftist-run courts, after bypassing the state legislature, to make five different changes to the state’s Election Code ahead of the presidential vote. These changes included expanding mail-in voting, adding drop boxes across the state, and relaxing verification standards for absentee ballots.
Pennsylvania isn’t the only state evaluating the constitutionality of its election practices which were weaponized by Democrats during the 2020 election.
The Wisconsin Institute for Law & Liberty asked the Wisconsin Supreme Court this week to issue a final decision on whether absentee ballot drop boxes should be used in the swing state.
“Wisconsin voters, candidates, and election officials deserve certainty on the legal methods to cast an absentee ballot,” said WILL President Rick Esenberg. “We are hopeful the Wisconsin Supreme Court will hear this urgent matter.”
A Waukesha County judge ruled earlier this month that drop boxes may only be used by voters returning their own ballots. The judge also said drop boxes must be limited to the offices of local voting clerks. A state appeals court indulged election manipulation groups by halting the Waukesha ruling.