Pennsylvania Firearm Owners Association
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  1. #181
    Join Date
    Mar 2009
    Location
    Southwest, Pennsylvania
    (Washington County)
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    Default Re: Amending the PA constitution via Marsy’s Law on 2019 ballot

    Quote Originally Posted by alpacaheat View Post
    On something this shady and potentially dangerous, it absolutely should be discussed...and influencing others is important.
    That's your opinion and you're entitled to it, however I'm going to run my household as I desire, and I do not try to coerce my wife's vote. I get my own. She can have her's. If she asks my opinion, that's another thing.


    Anyway, she saw through the bullshit and voted 'No', so good for her.

  2. #182
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    49
    Posts
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    Default Re: Amending the PA constitution via Marsy’s Law on 2019 ballot

    Since the court enjoined "counting or certifying" the results, why are the vote totals all over the place? Is there some alternate definition of "enjoin" or "count" that I'm not privy to?
    Get your "Guns Save Lives" stickers today! PM for more info.

  3. #183
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
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    21474851

    Default Re: Amending the PA constitution via Marsy’s Law on 2019 ballot

    Article in the paper recently reports that there were too many issues voted on at one time and Marsy's Law as passed is null and void. Only one issue at a time on these.
    Thank you for keeping me safe.

  4. #184
    Join Date
    Aug 2009
    Location
    bloomsburg, Pennsylvania
    (Columbia County)
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    Default Re: Amending the PA constitution via Marsy’s Law on 2019 ballot

    Quote Originally Posted by Walleye Hunter View Post
    Article in the paper recently reports that there were too many issues voted on at one time and Marsy's Law as passed is null and void. Only one issue at a time on these.
    Here a article in the Pittsburg Gazette about it.

    A state appellate court on Thursday ruled Marsy’s Law, a victims’ rights initiative, unconstitutional and invalidated referendum votes for the law that appeared on the 2019 general election ballot because it affected too many aspects of the state constitution.
    The referendum asked voters whether or not to add a Crime Victims’ Rights Amendment to the Pennsylvania Constitution. A five-judge panel of the state Commonwealth Court filed a 3-2 decision with multiple opinions, with the judges finding that the law was trying to change too many things at once.
    If passed, the law would impact the accused’s right to bail, the governor’s power to commute sentences and the state Supreme Court’s ability to govern court procedures, all of which involve separate rights and provisions in the state’s constitution, the opinion by Judge Ellen Ceisler reads.
    The law also would have a negative impact on the rights on the accused, the court found, by allowing “a victim or any other person directly impacted by a crime to refuse an interview, deposition or other discovery request” made by the defendant. That includes evidence sought through text messages, e-mails, social media, medical and financial records, cellphone data and security videos.
    “Such evidence can be critical to building a defense,” Judge Ceisler wrote in her opinion. “If not obtained as soon as possible, such evidence can easily be lost forever.”

    The League of Women Voters, along with the the American Civil Liberties Union, filed a lawsuit against Secretary of State Kathy Boockvar weeks before the 2019 election, arguing that the ballot question was too vague and did not properly inform voters on the issues in the proposed amendment.
    They have said that because it introduces several different changes, voters were not able to vote for the ones they favored while rejecting the ones they didn’t.

    Before the general election, the state Supreme Court ruled the votes for the referendum would not be counted until the legal challenge to the amendment was complete. Voters supported the amendment overwhelmingly, with 70% of them approving the law.
    Judge Patricia A. McCullough wrote a separate opinion agreeing with the court’s judgment, saying the amendment encompassed “laudable and salutary provisions” but alters many rights of the accused.

    She said she disagreed with some of Judge Ceisler’s analysis, but was also at odds with the opinion of President Judge Mary Hannah Leavitt, who came down on the opposite side of the ruling.

    In her opinion, Judge Leavitt wrote that the amendment would create a right for crime victims without deleting or revising existing provisions in the constitution. “The League of Women Voters has not demonstrated otherwise.

    “Instead, it has offered only hypotheticals on the various ways this newly declared right might impact the rights of a criminal defendant in some case, in some time and in some place,” Judge Leavitt wrote.

    Concluding, she wrote that the court’s judgment “deprives the people” of the inherent power given by the Declaration of Rights of the state’s constitution.
    The ACLU praised the court’s decision. “Marsy’s Law is flawed policy that was passed in a flawed manner,” Reggie Shuford, executive director of the ACLU of Pennsylvania, wrote. “If implemented, this amendment would tip the scales of the criminal legal system even further against people who are accused of crimes, who are facing the full weight of the state that is trying to deprive them of their liberty.”
    The secretary of state’s office said they are reviewing the ruling and had no comment at this time.
    Meanwhile, the Marsy's Law for Pennsylvania organization said they would encourage an appeal of the decision to the Supreme Court. “Each day without victims’ rights is a day that guarantees a victim’s voice is lost in the legal process,” Jennifer Riley, the state director of the organization, wrote in response to the opinion.

    “We are prepared to continue advocating for victims and to bring an appeal to the Supreme Court to ensure that the votes of Pennsylvanians are counted and that the voices of the victims are protected.”
    https://www.post-gazette.com/news/cr...s/202101070127

  5. #185
    Join Date
    Feb 2013
    Location
    Morgantown, Pennsylvania
    (Berks County)
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    106
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    605357

    Default Re: Amending the PA constitution via Marsy’s Law on 2019 ballot

    Good. I'm tired of the powers that be tricking ignorant people into voting for ballot measures through emotion or wording (Marsy's Law, judge retirement age, etc).
    I am not a lawyer

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