This article contains commentary which reflects the author's opinion
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Act 77 May Be Unconstitutional
Yesterday, Judge McCullough made a significant acknowledgment in favor of the Trump campaign’s lawsuit against Pennsylvania. She believes that Act 77, on mail-in voting, may be unconstitutional. If so, this will throw out about 600,000 votes for Biden and 3,200 for President Trump. The total may be more than that, as Pennsylvania has recorded over 2 million mail-in ballots as being received and counted.
The Logic of the Case
The order to stop the certification, pending an evidentiary hearing, is upheld and legal and has to be followed. The response by the defendants was not good enough to overturn the order. Moreover, the steps they took to certify the presidential races and get around procedure furthered the need to halt the certification. This allows the case to move forward considering it appears they will win on the merits.
The case is alleging that Act 77 which expanded and changed the rules for mail-in ballots did not follow the Pennsylvania Constitution and is illegal. Therefore all the mail-in ballots could be thrown out and counted as not valid.
The Constitutional Law is Clear
According to the order, and the petition filed, in order for a change this massive to happen “a proposed constitutional amendment must be approved by a majority vote of the members of both the Pennsylvania House of Representatives and Senate in two consecutive legislative sessions, then the proposed amendment must be published for three months ahead of the next general election in two newspapers in each county, and finally it must be submitted to the qualified electors as a ballot question in the next general election and approved by a majority of those voting on the amendment.”
Since these procedures were not followed, all mail-in ballots that did not adhere to the previous law regarding absentee ballots rightfully should be considered invalid. The previous law that states that voters may vote via absentee ballot by “submitting an absentee ballot, but only if the qualified voter satisfies the conditions precedent to meet the requirements of one of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution.”
This is a huge win for the Republic in upholding constitutional provisions regarding our electoral process.