meaner gene
Diamond Member
- Feb 11, 2017
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See my preceding post. I looked up the law in question, and discovered that the legislature did not "change" the absentee ballot rules section 1301 (which would have been unconstitutional) but instead created a new category of ballots called "mail-in" ballots (under section 1301-d)
The constitution doesn't limit additions to the election law.
The Constitution of Pennsylvania
www.legis.state.pa.us
"are unable to attend at their
proper polling places because of illness or physical disability
or who will not attend a polling place because of the observance
of a religious holiday or who cannot vote because of election
day duties, in the case of a county employee, may vote, and for
the return and canvass of their votes in the election district
in which they respectively reside."
Court is going to have a hard time pretending this did not circumvent the constitutionally prescribed rules.
They specifically invoke illness or physical disability which would prevent you from attending a polling place.
As I said, they didn't change the absentee ballot rules, which are constitutionally defined.
They added a new election law for "mail-in ballots" (note a different name) for people not absent, and not ill.
They can do that.