County Commissioners Association of Pennsylvania votes down proposal to prioritize repeal of Pa.'s mail-in voting law

Eric Scicchitano, The Daily Item, Sunbury, Pa.
·3 min read
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Aug. 12—Members of the County Commissioners Association of Pennsylvania (CCAP) voted down a resolution that would have made overturning no-excuse mail-in voting a legislative priority.

The proposed resolution offered during the association's annual meeting this week in Lancaster was defeated by a margin of 112-68, according to the Pennsylvania Democratic Caucus of County Commissioners.

Ray D'Agostino and Josh Parsons, Lancaster County commissioners, proposed the resolution. D'Agostino last week cited eroding faith in election integrity, claiming unclear language in Act 77, conflicting guidance and directives from the Department of State, rulings by state judges, non-uniform implementation across counties, and resignations of county election officials.

Attempts on Friday to reach CCAP leadership and members of the Democratic Caucus for further comment were unsuccessful.

"The resolution, if approved by the full membership, would compel CCAP's administration to advocate for the full repeal of Act 77 of 2019, change the manner by which electors are chosen in presidential elections, as well as a constitutional amendment codifying those changes," according to a press release from the Democratic Caucus.

Approximately 2.7 million ballots were cast by mail in Pennsylvania out of 6.95 million overall in the 2020 presidential election, the first year that mail-in voting expanded to all registered voters.

The expansion was carried into law on the strength of the Republican majority in Pennsylvania's General Assembly. Negotiations for the measure led to straight-party voting being eliminated. Many Democrats in the Legislature at the time voted in opposition.

But Republicans have since turned against the measure, and protecting it is a Democratic priority. GOP lawmakers have proposed bills to repeal the law, and court challenges have been mounted.

Most recently, the Pennsylvania Supreme Court ruled 5-2 that the Pennsylvania Constitution doesn't restrict the General Assembly from enacting no-excuse mail-in voting. The decision reversed a Commonwealth Court ruling that found Act 77 unconstitutional.

A separate lawsuit was filed by Republicans last month in Commonwealth Court that alleges a "non-severability" clause in Act 77 was triggered by a federal appeals court ruling concerning undated return envelopes for mail-in ballots, voiding the entire law.

"The Pennsylvania Democratic Caucus of County Commissioners does not believe the County Commissioners Association should be used as a tool for partisan politicking, nor does it believe the repeal of the present association policy on Act 77 will produce positive results for the voters of Pennsylvania. The defeat of the resolution by the organization's voting members is a positive sign that commissioners and their association will continue their effort to work in nonpartisan circles," the statement from the Democratic Caucus reads.

CCAP has representation from all 67 Pennsylvania counties, its current president, Bradford County Commissioner Daryl Miller, said previously.

Were the resolution successful, it would have marked an about-face for CCAP's position. The organization has advocated establishing a pre-canvassing period prior to Election Day plus an earlier deadline for vote-by-mail ballot requests and clarifying language concerning drop boxes, ballot signatures and more.