Are pennsylvania mail in ballots unconstitutional

The constitutionality of Pennsylvania's mail-in ballot system has been the subject of controversy and litigation. Here's a summary of the key issues:

  1. Equal Protection Clause: The Equal Protection Clause of the 14th Amendment requires that all citizens be treated equally under the law. Critics argue that Pennsylvania's mail-in ballot system, which allows voters to request a ballot by mail without providing a reason, violates this clause by giving some voters an unfair advantage over others. For example, voters who are unable to vote in person due to disability or illness may be disproportionately affected by the lack of a reason requirement.
  2. Due Process Clause: The Due Process Clause of the 14th Amendment requires that the government provide a fair and impartial process for resolving disputes. Opponents of the mail-in ballot system argue that the lack of a reason requirement for requesting a ballot by mail creates an opportunity for fraud and undermines the integrity of the electoral process.
  3. Voter ID laws: Pennsylvania has a voter ID law that requires voters to show identification at the polls. However, the state's mail-in ballot system does not require voters to provide identification when requesting a ballot by mail. This has led to concerns about the potential for fraud and the integrity of the electoral process.

In 2019, a federal judge ruled that Pennsylvania's mail-in ballot system was unconstitutional, citing the Equal Protection Clause and the Due Process Clause. The judge ordered the state to implement a system that requires voters to provide a reason for requesting a mail-in ballot. However, the Pennsylvania Supreme Court overturned the decision, ruling that the state's mail-in ballot system was constitutional.

In 2020, the U.S. Supreme Court declined to hear a challenge to Pennsylvania's mail-in ballot system, effectively allowing the system to remain in place for the 2020 general election.

In summary, while there are valid concerns about the constitutionality of Pennsylvania's mail-in ballot system, the courts have ultimately upheld the system as constitutional. However, the issue remains controversial, and some argue that the system is vulnerable to fraud and undermines the integrity of the electoral process.