PHILADELPHIA (KYW Newsradio) — The Pennsylvania Supreme Court heard hours of arguments Tuesday on whether the state's "no-excuse" mail-in balloting law is constitutional.
Mail-in voting will likely be in place for the May 17 primary, after lots of back-and-forth about the issue in the past several weeks.
The suit comes from a group of Republicans who argue Act 77, the law that allows the no-excuse mail-in balloting, should have been done by a constitutional amendment. They also argue that the legislature lacked the authority to make the change on their own.
The Supreme Court hearing came on the heels of Commonwealth Court ruling in favor of the suit.
But last week, the Pennsylvania Supreme Court overturned that ruling.
While it's unclear where the Supreme Court will eventually land on the issue, Chief Justice Max Baer said the court does not want to disrupt an election.
He noted the timing of the case being this close to the primary. He asked if they were to decide to get rid of mail-in ballots, would it be enough time to prepare for November's general election?
Lawyer Seth Waxman, who was arguing in favor of keeping mail-in ballots, said he didn't think it would be because of all the people who have come to rely on or expect mail-in ballots.
But the justices made it clear that just because a law is popular doesn't mean it has a better chance of withstanding constitutional scrutiny.
Justice Kevin Dougherty, a Democrat, noted some of the lawmakers bringing the suit voted for Act 77. He wondered if the suit was in his words, an "attack for supremacy at the ballot" as mail-in voting has been more popular among Democrats than Republicans.
Attorneys arguing against mail-in ballots said in-person voting helps make sure they are who they say they are, though it was noted several times in the hearing that the intent was to make sure voting was limited to white men.
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