Thread by @DemocracyDocket

🚨⚖️COURT ALERT: The Pennsylvania Commonwealth Court will hear oral arguments today in a Republican lawsuit seeking to strike down #Act77.

Here’s what you need to know.👇🧵

In 2019, the Republican-controlled Pennsylvania Legislature passed Act 77, a major election reform law that enacted no-excuse mail-in voting. The law also extended the time period allowed to register to vote before an election, funded new election equipment and more.

In July 2021, a group of Republican state lawmakers, who originally supported and passed the law in 2019, filed a lawsuit arguing that Act 77 violates the Pennsylvania Constitution and should be struck down.
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In August 2022, the Pennsylvania Supreme Court upheld Act 77 and no-excuse mail-in voting in the state.
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But before the Pennsylvania Supreme Court’s ruling to uphold Act 77 was released, another lawsuit was filed by the same group of Republican lawmakers seeking to strike down the law in its entirety.
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The Republicans argue that Act 77 should be struck down due to a section of the law that states that “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.”

This is known as a non-severability clause. It means that if one section of a law is struck down or declared invalid, the whole law must be invalidated.

Republicans allege that a 3rd Circuit ruling that undated mail-in ballots should be counted strikes down a provision of Act 77 that requires voters to write a date on the outer envelope of mail-in ballots. Thus, they claim, all of Act 77 should be voided.
democracydocket.com/cases/pennsylv…

However, yesterday, the U.S. Supreme Court vacated the 3rd Circuit’s decision that required undated ballots to be counted. We don't know the full implications of this new ruling on the Act 77 lawsuit, but it’s sure to complicate matters.
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The Republican legislators are asking the court to strike down all remaining provisions of Act 77. Oral arguments are scheduled for today, Oct. 12, and we will be providing live updates.

Find all the filings for the case here.👇
democracydocket.com/cases/pennsylv…