Pennsylvania’s Act 77 of 2019 authorized mail in voting
https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2019&sessInd=0&act=77
It specifies in Section 7:
“(ii) An absentee ballot cast by any absentee elector as defined in section 1301(i), (j), (k), (l), (m) and (n), an absentee ballot under section 1302(a.3) or a mail-in ballot cast by a mail-in elector shall be canvassed in accordance with this subsection if the absentee ballot or mail-in ballot is received in the office of the county board of elections no later than eight o’clock P.M. on the day of the primary or election.”
And then we have
“Section 11. Sections 1, 2, 3, 3.2, 4, 5, 5.1, 6, 7, 8, 9 and 12 of this act are nonseverable. If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void. “
When the PA Supreme Court struck down the requirement of Section 7, it triggered the “nonseverability” clause.
My impression is that the US Supreme Court could rule that, when the PA Supreme Court struck down the deadline, it also struck down the authorization for mail-in ballots.
It remains to be seen as to whether the Supremes have the guts to say that.
I’m not a attorney.
But think this will be resolved. Somewhat from reasons other than this Supreme Court case.
thanx...saving this post...
They’ll probably just treat them as absentee ballots, there’s no need for the USSC to go down that rabbit hole - they don’t need to, and so far it isn’t being argued