A state appellate court issued a ruling Friday declaring mail-in voting as unconstitutional.

Commonwealth Court ruled in favor of challenges to Act 77 of 2019 filed by Bradford County Commissioner, Republican state representatives including Reps. Timothy Bonner, R-8th, and Aaron Bernstine, R-10th, and the Republican committees of Butler, Washington and York counties.

The appeal was granted in a 3-2 vote with three Republican judges voting in favor and two Democratic judges voted against the appeal.

Butler attorney Tom King, who argued the case on behalf of the Republican committees, said he expects the ruling to be appealed to the state Supreme Court.

“In my opinion, this is a victory for democracy,” King said.

He said Bonner filed the challenge, which is the same as the challenge filed by U.S. Rep. Mike Kelly, R-16th, in 2000.

“Rep. Bonner and Rep. Kelly have been proven to be absolutely right all along,” King said.

"The ruling by the Commonwealth Court is exactly why I led the challenge of Act 77 over a year ago. Act 77 is unconstitutional and deserves further review," Kelly said. "Any changes to Pennsylvania's voting laws are required to take place through a constitutional amendment, not legislation. That is why I filed my lawsuit after the 2020 election. I'm pleased to see the court advance this case that will create stronger, more secure mail-in voting laws in our great commonwealth."

Act 77 expanded no excuse mail-in voting and is supported by state voters, but the state constitution would have to be amended to allow it, according to the majority opinion from the court.

“Approximately 1.38 million voters have expressed their interest in voting by mail

permanently. If presented to the people, a constitutional amendment to end the

Article VII, Section 1 requirement of in-person voting is likely to be adopted. But a

constitutional amendment must be presented to the people and adopted into our

fundamental law before legislation authorizing no-excuse mail-in voting can be

placed upon our statute books,“ President Judge Mary Hannah Leavitt wrote in the majority opinion citing a prior case.

Respondents in the case are Veronica Degraffenreid, acting Secretary of the

Commonwealth of Pennsylvania, the Department of State and the state.

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