Rep. Mike Kelly Statement on Pa. Commonwealth Court’s Decision on Mail-In Voting Law

WASHINGTON, D.C. -- Today, U.S. Rep. Mike Kelly (R-PA) issued the following statement regarding the Pennsylvania Commonwealth Court's ruling that Act 77, the state's election reform law that permitted no-excuse mail-in voting, is unconstitutional.

"The ruling by the Commonwealth Court is exactly why I led the challenge of Act 77 over a year ago. Act 77 is unconstitutional and deserves further review," Kelly said. "Any changes to Pennsylvania's voting laws are required to take place through a Constitutional amendment, not legislation. That is why I filed my lawsuit after the 2020 election. I'm pleased to see the Court advance this case that will create stronger, more secure mail-in voting laws in our great commonwealth."

BACKGROUND

On Friday, January 28, the Pennsylvania Commonwealth Court found Act 77, the state's election reform law that permitted no-excuse mail-in voting, to be unconstitutional. This follows a lawsuit Rep. Kelly and former U.S. House of Representatives candidate Sean Parnell brought forth following the 2020 general election, in which Mr. Kelly and Mr. Parnell challenged Act 77's constitutionality. The Pennsylvania Constitution outlines explicitly the reasons a person can vote by mail, but does not permit for universal no-excuse mail-in voting. Rep. Kelly supports mail-in voting, which in Pennsylvania dates back as far as the Civil War.

Last year, Rep. Kelly wrote an op-ed outlining his concerns about Act 77. You can read that here.