The Pennsylvania state Supreme Court on Tuesday voted 7-2 to overturn a lower court ruling that found Pennsylvania’s Act 77 violates the state’s constitution. In a recent Delaware Valley Journal podcast, veteran GOP operative Michael Caputo, an outspoken opponent of Act 77, explained why he believes the Supreme Court is putting partisan politics ahead of Pennsylvania law.
Caputo spoke before the Supreme Court’s ruling.
“The Supreme Court had hearings and then stayed the decision of the lower court, which basically overturned Act 77, (The Commonwealth Court) ruled it unconstitutional,” Caputo said. The Commonwealth Court “spelled it out very clearly,” he said.
“I worked with Doug McLinko, a county commissioner and an election official from Bradford County, on his challenge of the act,” said Caputo. “He was the primary…plaintiff on the lawsuit that overturned Act 77, which is the legislature-driven, no excuse mail-in ballots law that led to massive, massive use of mail-in ballots in Pennsylvania in 2020.”
While the Commonwealth Court found it unconstitutional because the constitution calls for “in-person voting,” with a few excuses for absentee voting, the state Supreme Court disagreed.
“The Commonwealth Court decision on Act 77 and McLinko v. Pennsylvania spelled it out and said, ‘Look, this is unconstitutional. But the voters in Pennsylvania appear to like no excuse, mail-in ballots, so they need to amend the constitution. Until the constitution is amended, this is going to remain unconstitutional,'” he said.
“I believe the state Supreme Court knows that and still wants the public to have no excuse mail-in balloting at their disposal for the general election,” said Caputo. “I, for the life of me, can’t see the technical reason why they would demand that and allow it. I do have my suspicions, of course.
“Many of the Republican state legislators took a long time to understand just how much they had tilted the entire election of the nation by writing this unconstitutional law in their own state. For many, many months, over a year, they could not take the blame for what they had done…The problem is we’re going to go through the midterm, I think, with no-excuse mail-in ballots because it took so long for any effective legislative fix.
“Act 77 needs to be repealed entirely,” Caputo said. “And if the Democrats and even some Republicans want no excuse, mail-in ballots, they need to amend the constitution. The problem is…there’s no way to pass a constitutional amendment to get mail-in ballots for the 2024 presidential election. It’s a conundrum for Democrats, including Democrats on the Supreme Court because they really want that ability to have no excuse mail-in ballots in the presidential (election) just two years from now.”
Asked if mail-in ballots were one reason former President Donald Trump lost Pennsylvania in 2020, Caputo said, “I do believe that. I’ve seen some reports done by Pennsylvania investigators, Pennsylvania lawyers, Wally Zimolong, the attorney on our case, makes a great case that this led to widespread fraud.”