Pennsylvania politicians Violated The State Constitution when they enacted “No Excuse” Mail-In ballot Voting

After Pennsylvania politicians hurriedly approved “no-excuse” ballots in 2019, mail-in voting increased from 266,288 in 2016 to over 2.5 million in 2020.

Pennsylvania Voters

+ 0

2012 Mail-In Ballots

2016 Mail-In Ballots

2020 Mail-In Ballots

DOCKET NO. 244 M.D. 2021

McLinko vs Pennsylvania

On January 28, 2022 the Commonwealth Court of Pennsylvania found in favor of the plaintiff in Doug McLinko vs Commonwealth of Pennsylvania. In short, “no excuse” mail-in balloting has been found unconstitutional in Pennsylvania. Bradford County, Pennsylvania commissioner Doug McLinko is the lead plaintiff along with several state representatives and local GOP county committees who joined the case. The establishment Republicans and Democrats of the state all supported the law to allow the flood of hundreds of thousands of mail in ballots that had a dramatic impact on the 2020 presidential election. That year, Pennsylvania voted for Joe Biden. At least, that’s how it appears. Doug is a principled conservative from rural Pennsylvania, a dedicated public servant for two decades. As the legislature told voters and local elected members of election boards to “sit down and shut up” he chose to fight for our constitutional rights instead. Join his fight to return the ballot box back to the voters.

The Case against the state of Pennsylvania

In 2019 Pennsylvania’s Republican-controlled legislature voted to move the state to “no excuse” mail-in voting. McLinko vs Commonwealth of Pennsylvania, Department of State and Veronica Degraffenreid – challenges the legislation passed by the state legislature and alleges the change to mail-in voting was unconstitutional. The results of the suit will have major implications for future elections and potentially for ongoing efforts to challenge the 2020 election results.

Doug McLinko is a member of the Bradford County Board of Elections and a Bradford County Commissioner. “As a member of the Board of Elections, McLinko must oversee the lawful administration of all aspects of elections, including voter registration, the voting process, and tabulation of votes. He must also certify the results of all primary and general elections in the county to the Secretary of State.” He contends in his suit that, because the move to mail-in voting was done unconstitutionally, he was placed in the untenable position of being required by the state to “act unlawfully.”

The action he filed in the Commonwealth Court is a straightforward constitutional argument. It does not address issues of election fraud, ballot stuffing, hacking of voting machines or any of the other allegations surrounding the November 2020 election. It says simply that the Pennsylvania Supreme Court has long held that the Pennsylvania state constitution requires in-person voting.

Given that this requirement is embedded in the state’s constitution then only a change to that document could allow mail-in voting. The constitution cannot be amended by a simple act of the legislature. Act 77 – the bill that moved Pennsylvania to mail-in voting – was unconstitutional and thereby legally null and void, the lawsuit contends. Therefore, Doug contended the law is unconstitutional.

Ballot Security Reform

The National Conversation

"In Act 77 they included language they are changing election laws to allow universal mail in voting. The problem is Pennsylvania, being an old state, having an old constitution, one of the original state legislatures, didn't allow that."

Mark LevinAttorney

"This lawsuit will decide if "the government has the unilateral right to create ‘no excuse mail-in voting’ without the approval of the citizens of Pennsylvania."

Timothy R. BonnerState Rep.

"This was an unconstitutional act by the legislature and the governor in creating a whole new time, place, and manner for voting."

Sean ParnellCombat Vet / GOP Activist

Universal, excuse-free mail-in ballots are ripe for fraud. For decades, both parties agreed that such form of voting would allow for ballot harvesting & voter fraud. Now, all of a sudden, the Democrats have changed their tune. We MUST secure the ballot box to protect Democracy!

Charlie GerowPennsylvania Governor Candidate

Two Supreme Court cases provide precedent against the Pennsylvania State legislature expanding voting without amending the constitution.

Precedent Case # 1

Chase v. Miller

“Whoever would claim the franchise which the constitution grants, must exercise it in the manner the constitution prescribes.” The Pennsylvania constitution does not prescribe universal no-excuse mailed voting. Accordingly, Act 77 violates the Pennsylvania Constitution.” Click to Read More.

Precedent Case #2

Lancaster City's Fifth Ward Election

The PA Supreme Court held that “The words ‘offer to vote’ as used in the Constitution of PA mean that the voter is to present himself, with proper qualifications at the time and place appointed, and to make manual delivery of the ballot to the officers appointed by law to receive it.” Click to Read More.

McLinko V. PA

Pending precedent 3

“This lawsuit will determine whether the power to expand absentee or mail-in voting remains with the people or whether the government has the unilateral right to create a distinct and separate form of voting referred to as ‘no excuse mail-in voting’ without the approval of the citizens of Pennsylvania.” Click to Read More.

CAN YOU CONTRIBUTE

As a result of the Court finding in Doug’s favor, he is being attacked by powerful forces. The Democratic National Committee has joined the defendants and is dipping into their deep pockets to destroy him and end his efforts. Doug needs your help – even a small donation will help him in this battle.

Please give what you can - TODAY

As expected, Doug prevailed. It is still unclear how this may impact the 2020 presidential election – and the 2021 state and local elections – and now the battle will get far more intense. Can you help Doug in his fight? Even a donation of $10, $20, $50, or $100 to Ballot Security Education, Inc. will be a big help. Thank you!