Pennsylvania Firearm Owners Association
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  1. #1
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    Default One for our legal eagles

    I happened to catch Mark Levin on his Fox show Life, Liberty and Levin last night. Mark spent the first segment of the show bloviating about Oct 2019 law passed by the Gen'l Assembly and signed by Wolf. Levin brought up some interesting points among them that the State Legislature could not change election law without a PA Constitutional amendment and the regimen for amending the PA Cons which requires a public referendum and how there was neither and amendment nor a public vote on the measure.

    I tried searching the PA Cons. to confirm what he had said and could find no such requirement, though I admit I read it in a cursory manner. Levin also pointed out the fact that the US Constitution does give State Legislatures the SOLE authority to write or change election law regarding Congressional Elections (Art 1 Sect 4) and Presidential Elections (Art 2 Sect 1).

    I'd really like to confirm what Levin said so if any of you can point me to the right PA Cons. Sections I'd appreciate it. BTW I found and read the article covering Elections including the section on absentee voting.

  2. #2
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    Default Re: One for our legal eagles

    Quote Originally Posted by Brick View Post
    I happened to catch Mark Levin on his Fox show Life, Liberty and Levin last night. Mark spent the first segment of the show bloviating about Oct 2019 law passed by the Gen'l Assembly and signed by Wolf. Levin brought up some interesting points among them that the State Legislature could not change election law without a PA Constitutional amendment and the regimen for amending the PA Cons which requires a public referendum and how there was neither and amendment nor a public vote on the measure.

    I tried searching the PA Cons. to confirm what he had said and could find no such requirement, though I admit I read it in a cursory manner. Levin also pointed out the fact that the US Constitution does give State Legislatures the SOLE authority to write or change election law regarding Congressional Elections (Art 1 Sect 4) and Presidential Elections (Art 2 Sect 1).

    I'd really like to confirm what Levin said so if any of you can point me to the right PA Cons. Sections I'd appreciate it. BTW I found and read the article covering Elections including the section on absentee voting.
    PA Constitution Article VII Section14 gives very narrowed and specific reasons to allow for issuance of absentee ballots. The expansion that is in act 77, that requires no justification for absentee voting, goes far beyond what section 14 allows and said expansion is therefore in direct contravention of the PA Const.


    § 14. Absentee voting.
    (a) The Legislature shall, by general law, provide a manner
    in which, and the time and place at which, qualified electors
    who may, on the occurrence of any election, be absent from the
    municipality of their residence, because their duties,
    occupation or business require them to be elsewhere or who, on
    the occurrence of any election, are unable to attend at their
    proper polling places because of illness or physical disability
    or who will not attend a polling place because of the observance
    of a religious holiday or who cannot vote because of election
    day duties, in the case of a county employee, may vote, and for
    the return and canvass of their votes in the election district
    in which they respectively reside.
    Last edited by tl_3237; December 8th, 2020 at 12:54 PM. Reason: added Section 14 excerpt
    IANAL

  3. #3
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    Default Re: One for our legal eagles

    Quote Originally Posted by tl_3237 View Post
    PA Constitution Article VII Section14 gives very narrowed and specific reasons to allow for issuance of absentee ballots. The expansion that is in act 77, that requires no justification for absentee voting, goes far beyond what section 14 allows and said expansion is therefore in direct contravention of the PA Const.

    But the Pennsylvania courts don*t give a crap.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  4. #4
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    Default Re: One for our legal eagles

    Quote Originally Posted by PAMedic=F|A= View Post
    But the Pennsylvania courts don*t give a crap.
    True PA Supreme Court seems to ignore the Constitution regularly. But maybe the argument would sway a federal court if made there.

  5. #5
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    Default Re: One for our legal eagles

    my understanding is not only did PASC go ahead and greenstamp the "law" but went as far as extending it of their own accord because we're all supposed to have become good reliable democrat voters by now due to the varus.
    (translate:dead from chywuflu)
    so yes, f'ck the pa supreme court with concertina.
    "These are the times that try men's souls" - Thomas Paine
    "Live free or die. Death is not the worst of evils” – John Stark

  6. #6
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    Default Re: One for our legal eagles

    Quote Originally Posted by fallenleader View Post
    my understanding is not only did PASC go ahead and greenstamp the "law" but went as far as extending it of their own accord because we're all supposed to have become good reliable democrat voters by now due to the varus.
    (translate:dead from chywuflu)
    so yes, f'ck the pa supreme court with concertina.
    Then let's be as active as possible to depose any of the court turds tha come up for reelection and be sure to press the PA Republican Party to present viable candidates as opposition.

  7. #7
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    Default Re: One for our legal eagles

    Quote Originally Posted by Brick View Post
    Then let's be as active as possible to depose any of the court turds tha come up for reelection and be sure to press the PA Republican Party to present viable candidates as opposition.
    Maybe some of us should be running for office...

  8. #8
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    Default Re: One for our legal eagles

    Quote Originally Posted by RenoV8 View Post
    Maybe some of us should be running for office...
    Yes, those of us with the qualifications and desire to do so! Imagine Gunlawyer as PA AG for example or Senator tl_3237 for example. Though both might balk at the cut in pay :-)

  9. #9
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    Default Re: One for our legal eagles

    Quote Originally Posted by Brick View Post
    Yes, those of us with the qualifications and desire to do so! Imagine Gunlawyer as PA AG for example or Senator tl_3237 for example. Though both might balk at the cut in pay :-)
    and the mouth breathers will continue to vote for whomever their boxed liars of choice pound the drums for while the elite starve everyone out with slush funds of ill gotten gains.

    after it all burns down and we plant the seed of liberty, gunlawyer for AG in the province formerly known as PA
    "These are the times that try men's souls" - Thomas Paine
    "Live free or die. Death is not the worst of evils” – John Stark

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