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Pa. Republicans weigh haves and have nots with Act 77

HARRISBURG, Pa. (WHTM) -- Mail-in voting is very popular with the electorate but very controversial for Republican lawmakers who are trying to get it booted. But Act 77, which gave no-excuse absentee balloting, also gave Republicans something they really liked that would be in jeopardy if the law were overturned.

Act 77 giveth vote by mail and taketh away straight-party voting. "Where with just one lever on a machine or checking one box on a piece of paper, you've voted for every single office of one party," Christopher Nicholas of Eagle Consulting said.

That one button convenience is a hot button irritant for the GOP. "Republicans were so dead set on getting rid of straight-ticket voting that they were willing to give to the governor's demands for more ballot accessibility," Former Spokesman for Governor Wolf, JJ Abbott said.

So Republican lawmakers said yes to no-excuse mail-ins 50 days out from an election and relaxed voter registration deadlines. In 2020, as those mail-ins counted, Joe Biden surged to victory. But the state's biggest upset was incumbent Democratic Treasurer Joe Torsela losing to unknown and underfunded Republican Stacy Garrity.

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"Torsella's loss had a lot to do with the elimination of straight-party voting," Rep. Dan Frankel (D-Allegheny) said. Republican strategist Nicholas agrees. "I haven't heard anyone give me a better explanation or better theory," Nicholas said.

Each party won something. Each party lost something. To longtime State Rep. Frankel, that's the way important issues are supposed to be horse traded.

"Act 77 was an old school process that I miss and I wish we could get back to so we can move ahead and do the things that are important for the Commonwealth of Pennsylvania," Frankel said.

He also says he'd make the deal again. Giving lots more people access is more important than the convenience of straight-party voting. But Republican lawmakers are suing to toss the entire law insisting mail-ins are unconstituional. "What we're seeing now is complete hypocrisy from those who made that deal now wanting to go back on it," Abbott said.

So will Act 77 stay or will it go? Its fate is in the hands of the State Supreme Court.

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