Keystone Today

The lawyer who successfully argued in court against Act 77, the 2019 law that allowed no-excuse mail ballots, is hoping for the Pennsylvania Supreme Court’s final ruling on the law before primary mail ballots are sent out to voters.

“In normal years the mail ballots would be sent out any day now for a May primary,” Philadelphia lawyer Wally Zimolong told Keystone Today. “But with all the deadline changes for candidates, this isn’t a normal year.”

A spokesperson for the Pennsylvania Department of State, which oversees election administration in the Quaker State, said that the earliest mail ballots could be sent out is April 12 for the May 18 primary.

Attorney Wally Zimolong | zimolonglaw.com

“The last day for the Commonwealth Court to render decisions in cases involving objections that have been filed to nomination petitions for senator in the general assembly, representative in the general assembly, and member of a state committee is April 12 so the ballot will not be finalized until then,” Ellen Lyon said in an email.

In late January, the Commonwealth Court ruled that the state Constitution requires in-person voting unless the voter has a valid excuse for use of a mail ballot. Zimolong represented an election official from Bradford County in the case.

“The Constitution is clear about in-person voting, and past court rulings are clear that any changing the law regarding absentee ballots must be done by constitutional amendment not by an act of the Legislature,” he said.  

Days after the Commonwealth Court ruling, the Pennsylvania Supreme Court granted an emergency order for the law to remain in effect while it rules on the case. The court heard arguments March 8 but did not indicate when it would render a final decision.

The Republican-controlled General Assembly approved no-excuse balloting in 2019, but now many have turned against it.

Senate President Jake Corman (R-Centre), a candidate for governor, issued a statement after the Commonwealth Court ruling criticizing the way the Department of State implemented the law during the COVID-19 pandemic.

“There have been numerous concerns raised about the way Act 77 was implemented by the Department of State, especially the double standard created by the removal of key mail-in ballot security measures in leadup to the 2020 election,” Corman said. “After what occurred in the 2020 and 2021 elections, I have no confidence in the no-excuse mail in ballot provisions. There is no doubt that we need a stronger election law than the one we have in place today.”

Among currently registered Pennsylvania voters, 2.5 million have cast at least one no-excuse mail-in ballot since the passage of the law.