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Preservation of the Commonwealth’s marquee election reform package from 2019 – Act 77 – is now pending before the state Supreme Court. Key among the improvements authorized by Act 77 was the adoption of no-excuse mail-in voting. According to Kyle Miller of Protect Democracy and Jabari Jones of the West Philadelphia Corridor Collaborative, also in play are uncertainty over legislative districts and a likely shortage of poll workers – particularly if no-excuse mail in balloting is prohibited in November. Additionally, a supposed “audit” or review of the 2020 Election is underway in the state Senate, although the election was certified twice within the past year and fraud claims were disproven. The “audit” is funded exclusively by the Pennsylvania Senate GOP and the process and goal of the review remain unclear.

In November 2020, over 2.5 million Pennsylvania voters exercised their right to vote by using no-excuse mail in voting – a process supported in 2019 with bipartisan support. To say mail-in voting was popular is an understatement. Millions of Keystone State voters cast their ballots securely via mail as no cases of widespread fraud were reported.

In January, the Commonwealth Court of Pennsylvania ruled on a challenge filed by some Republican lawmakers that the legislature could not make Act 77 changes like mail-in voting without an amendment to the state constitution and approval by voters. The State Supreme Court, however, will have the final determination on the legality of Act 77 – and recently heard arguments on the challenge from attorneys representing the Wolf Administration and the Republican legislators.

Protect Democracy’s Miller described the 2020 elections as, “The most secure and safe election in Pennsylvania from a critical infrastructure standpoint ever.”

During the oral arguments this week, Justice Kevin M. Dougherty, a Democrat said, “Let’s be candid - what it really looks like is that maybe some legislators are concerned because the no-excuse balloting — at least recently — shows that maybe one party votes overwhelmingly by mail-in ballot as opposed to another. So maybe this is an attack for supremacy at the ballot. I don’t know.”

It is not certain when the Supreme Court will rule.

Back to Business Pennsylvania organized a joint letter urging the state legislature to support the Commonwealth’s economy and the many businesses which have struggled to recover after the pandemic. Pennsylvania businesses are frustrated by the legislature’s taxpayer funded attempts to investigate the prior election or measures to make it more difficult for voters to cast their ballots.

Business for America’s PA Policy Director Doug Murray, stated, “Mail-in balloting in 2020 was extremely successful – from a voter perspective and election integrity perspective. We will be working with businesses from across Pennsylvania in the coming months to make the business case for voting rights and election security. Pennsylvania businesses seek an accountable and stable state government, and we will continue working with them to educate their employees and customers on their voting rights.”

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