could not precede their very creation by the Constitution, such power ‘had to be
delegated to, rather than reserved to by, the States.’”4 Consequently, the Elections
Clause “delegated to the States the power to regulate the ‘Times, Places, and
Manner of holding Elections for Senators and Representatives,’ subject to a grant
of authority to Congress to ‘make or alter such Regulations.’”5 Accordingly,
States’ power to “regulate the incidents of such elections, including balloting” is
limited to “the exclusive delegation of power under the Elections Clause.”6
Pennsylvania regulates the “times, places, and manner” of its elections
through the Pennsylvania Election Code.7 The Commonwealth’s Constitution
mandates that “[e]lections shall be free and equal; and no power, civil or military,
shall at any time interfere to prevent the free exercise of the right of suffrage.”8
Recognizing this as a foundational principle, the Pennsylvania Supreme Court has
declared that the purpose of the Election Code is to promote “freedom of choice, a
fair election and an honest election return.”9
In October 2019, the General Assembly of Pennsylvania enacted Act 77,
which, “for the first time in Pennsylvania,” extended the opportunity for all
4
5
6
7
8
9
Id. (quoting U.S. Term Limits v. Thornton, 514 U.S. 779, 804 (1995)).
Id. (quoting U.S. Const. Art. I, § 4, cl. 1).
Id. at 523.
25 P.S. §§ 2601, et seq.
Pa. Democratic Party v. Boockvar, 238 A.3d 345, 356 (Pa. 2020) (quoting Pa. Const., Art. I,
§ 5).
Id. (quoting Perles v. Hoffman, 213 A.2d 781, 783 (Pa. 1965)).
-3-