By Nikita Bondale
PENNSYLVANIA— Five. That is the number of amendments in the US Constitution which have increased the scope of voting rights. The 14th and 15th Amendments, created in the aftermath of the Civil War, ensured that certain privileges and immunities of being a US citizen (such as the right to vote) cannot be denied to any person on the basis of race.
The 19th Amendment explicitly stated that people of both genders can vote. The 24th Amendment outlawed certain financial barriers to voting such as poll taxes. Lastly, the 26th Amendment set the legal voting age to eighteen. However, despite all of these amendments strengthening and clarifying voting rights, citizens’ ability to vote has continued to be weakened over time.
Pennsylvania, along with many other states, recently adopted “no-excuse, absentee voting.” This practice makes it so that individuals who are unable to come to the voting booths on election day due to work demands, family obligations or other priorities, are still able to vote by mail, up to fifty days prior.
However, after less than three years, the Pennsylvania Appellate Court struck down this law, Act 77, stating that it violated their state constitution. Though it may not have had strong constitutional backing, the objective of the law must be considered above the strict constitutional reading.
I support the opinions of Judges Michael Wojcik and Ellen H. Ceisler, I too would have dissented to this ruling. Both the federal and state Constitutions can be analyzed in two ways: with a strict interpretation or a broader interpretation of its meaning.
As stated in Wojcik’s dissenting opinion, the court’s majority read this law and applied the Pennsylvania state constitution statutes in a very strict manner where— rather than considering modern-day changes and public opinion— the judges based their opinions and ruling on the letter of the constitution alone.
Though all state constitutions include the right to vote, vote by mail and other early voting initiatives were not included since most of these advancements were created after those constitutions were written. However, recent polling has demonstrated just how integral and successful vote by mail has become.
A 2020 study, conducted by the Massachusetts Institute of Technology’s Data and Science Lab, compares three different groups of voters over time: those who vote early and in person, voters on Election day, and those who vote by mail or by absentee ballots.
This research revealed how, from 1992 to 2020, voting on election day has become less and less common, going from over 90 percent to less than 30 percent, and mail/absentee ballots have grown in use from eight percent to over 45 percent. Overall, modern developments have made these alternative voting methods more popular among voters.
Therefore, as time goes on, the federal and state Constitutions must age alongside it. In the past, voters would struggle to receive a day off from work to vote. But as the postal service improved, technological advancements made the ballot delivery faster; more voters became educated on vote-by-mail systems, so no-excuse absentee ballots became a viable, preferred, and even essential option for many people.
Currently, this case is being taken up to the Pennsylvania Supreme Court to decide whether or not it has merit under the state constitution. The five voting amendments in the federal Constitution were not enough to ensure that all citizens are able to vote freely and fairly. Efforts must continue to be taken by state and federal courts to ensure these rights are protected.
In order to ensure that citizens have sufficient resources and opportunities to vote, no-excuse absentee voting must be upheld by the Pennsylvania state Supreme Court.
