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04/25/2024 09:08 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20230&cosponId=39208
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 10, 2023 12:47 PM
From: Senator Doug Mastriano and Sen. Chris Gebhard
To: All Senate members
Subject: Statewide Ballot Measure: Repeal of Act 77 Provisions
 
 In the near future, we will reintroduce legislation to add questions on a future statewide ballot referendum to repeal provisions of Act 77. It is our view that the people of Pennsylvania should have the direct final say in how Pennsylvania conducts future elections.

Shortly after the passage of Act 77 in 2019, critical election security safeguards were removed. The state Supreme Court unilaterally – and in direct contravention of the wording of Act 77 – extended the deadline for mailed ballots to be received from Election Day to three days after the Election Day. Similarly, the court declared that ballots mailed without a postmark should be presumed to have been received timed.
The court then mandated that all ballots lacking a verified signature be accepted.
 
It’s clear that Act 77 in its current form is susceptible to unauthorized changes that weaken the security and stability of our elections. 

The constitutionality of Act 77 is also in question. In early 2022, The Commonwealth Court ruled Act 77 as unconstitutional and found that a constitutional amendment must be presented to the people and adopted into fundamental law before legislation authorizing no-excuse mail-in voting can ‘be placed upon our statute books.’ 

Millions of voters around our state have expressed skepticism about the security of our elections going forward. Significant doubt in the validity of a one’s vote has serious repercussions for our republic.

The best course of action is to introduce several referendum questions for the people of Pennsylvania to consider.

Our legislation will add questions on a statewide ballot referendum to allow voters to determine the following changes to election law:
  • Elimination of “No-excuse” mail in voting
  • Mandatory deadline for mailed ballots to be received by 5PM the Friday before Election Day
  • Mandatory signature verification for all mailed ballots
  • Elimination of the permanent “mail-in/absentee voter list”
 
If passed by both the Senate and House of Representatives in two consecutive sessions, the referendum questions will appear on the May 2025 Ballot.
 
Prior co-sponsors include Senators STEFANO, J. WARD, HUTCHINSON, MENSCH, PITTMAN, BROOKS, and SCAVELLO

We respectfully ask you to join us in cosponsoring this important legislation.
 



Introduced as SB292