The state Supreme Court upheld the law 5 to 2 on Tuesday, with both 'no' votes coming from the court's two Republican justices.
A wide expansion of mail-in voting in Pennsylvania survived a legal challenge on Tuesday before the state Supreme Court in a case brought by some of the same Republican state representatives who voted for the legislation nearly three years ago.
"We find no restriction in our Constitution on the General Assembly's ability to create universal mail-in voting," wrote Justice Christine Donohue in the majority opinion. The majority cited a provision of the Pennsylvania Constitution that concerns "method of elections" and says all elections shall be by ballot "or by such other method as may be prescribed by law." That section was apparently motivated by the use of voting machines a century ago.
They said the constitution establishes only minimums for absentee and mail-in ballots, minimums that over decades were expanded by letting military spouses and those on vacation vote by absentee ballot even though neither is expressly permitted in the state constitution. Meanwhile, 14 Republican state lawmakers sued last month in another attempt to get the mail-in voting law thrown out. That lawsuit hinges on a provision that says the law becomes void when any of its requirements are struck down in court.
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