Latest news with #Act77
Yahoo
08-04-2025
- Health
- Yahoo
Continued pharmacy closures prompts calls for reform
HARRISBURG, Pa. (WHTM) —The Pennsylvania Pharmacists Association says pharmacies continue to close because they're under-compensated for prescription reimbursements. Since January 2024, almost 200 pharmacies have closed in Pennsylvania despite legislation being passed to help keep them open. 'If you look at current reimbursement that we have for retail pharmacy, pharmacists are paying one price for a product and being reimbursed below that cost,' says Pennsylvania Pharmacists Association President John DeJames. The Pharmacy Audit Integrity and Transparency Act, or Act 77, expands the Pennsylvania Insurance Department's authority to regulate and audit Pharmacy Benefit Managers. State lawmakers say the insurance department and Department of Human Services are needed to fully implement the law. Act 77 also prohibits Pharmacy Benefit Managers from paying independent pharmacies less than what is reimbursed to their own affiliated pharmacy. 'The pharmacy benefit managers, which are the middlemen in between your insurance company and your pharmacy, that actually pay the pharmacy, they're continuing to find ways to manipulate the system, even though there's new laws and regulations that they're supposed to follow,' says Rep. Jessica Benham (D) – Allegheny County. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now 'Some of these things can actually be implemented even without legislation and that's why we're here calling on the governor, DHS and the insurance department,' says Rep. Valerie Gaydos (R) – Allegheny County. As pharmacies continue to close, customers may have to drive farther to get their prescriptions. 'Your wait time can be potentially much longer because one pharmacy is doing the work for two or three pharmacies in the area,' says Value Drug Company President Rick Seipp. Rep. Benham says there are constraints as to what can be done at the state level and more reform would need to come from the federal level. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
02-04-2025
- Politics
- Yahoo
Will undated mail-in ballots be counted in Pennsylvania?
(WHTM) — The thorny issue of Pennsylvania's mail-in ballots is once again being batted around in the courts. The latest ruling from a federal judge in Pittsburgh says undated mail-ins should be counted—a reversal from the State Supreme Court's most recent decision that governed the November election. Judge Susan Baxter's 21-page ruling says booting ballots for outer envelope errors violates the U.S. Constitution. The state's previously ruled undated mail-ins must not be counted per the law. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now 'Well, to use a non-legal word, this is a mess, and it has ping-ponged through the courts,' said John Jones, President of Dickinson College and a former federal judge. 'Maybe it goes to the Supreme Court of the United States to decide it,' Jones added. The Pennsylvania Department of State applauds Baxter's decision, saying in part, 'A voter's fundamental right to vote should not be burdened by a meaningless technicality.' But Republicans bristle at a plainly written law called a meaningless technicality. FirstEnergy announces layoffs in Pennsylvania, four other states 'Judges are to interpret the law as it's written, not as they want it to happen,' said Rep. Kerry Benninghoff (R). But lawmakers have known for years there's legal ambiguity around mail-ins and drop boxes, with no continuity between counties. 'This is so poorly written,' said Rep. Scott Conklin (D), who was a no-vote on Act 77, which created mail-ins. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now 'It's going to go to the courts, and you're going to cause chaos and exactly what happened,' said Conklin. So, why haven't obvious flaws been fixed? 'Politics,' answered Conklin. 'This is the greatest political scandal that's been going on in years.' Everything boils down to 202 votes here, 26 votes in the Senate, and a Governor is willing to sign it,' said Benninghoff. Until lawmakers pass and a Governor signs, judges will have to keep ruling. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
01-04-2025
- Politics
- Yahoo
Judge rules Pa. mail ballot date law violates political expression constitutional right
Pennsylvania's requirement for voters to write the date on mail-in ballots infringes on the constitutional right to free expression, a federal judge in western Pennsylvania ruled Monday. The decision by Erie-based U.S. District Judge Susan Paradise Baxter is the latest in a series on Act 77, which gave voters the option of voting by mail without an excuse for not going to the polls in person for the first time in 2020. It's also the second time Baxter has found the law impermissibly disenfranchises voters. More: Pennsylvania lawmakers resume push to allow 1.3 million independents to vote in primaries People who choose to vote by mail are required to complete a declaration including the date on the outside of the envelope provided to return their ballots. But voters often forget the date or write a date unrelated to the election, such as their birthdate. Such mistakes have caused tens of thousands of ballots to be disqualified even when they're returned on time. They often form the basis to challenge mail ballots in close elections. In a lawsuit by the national Democratic congressional and senate campaign committees and the American Federation of Teachers against Pennsylvania's 67 county boards of elections, Baxter found the requirement serves no compelling government interest and doesn't justify infringing on voters' First Amendment rights. She found no evidence to support 'nebulous' claims by Republican groups that intervened in the case that the date requirement bolsters voter confidence or preserves the solemnity of voting. While preventing voter fraud is less ambiguous, there's also no evidence the date requirement serves that purpose, Baxter said. 'Since there is no evidence that the date requirement serves any state interest, even a slight burden on voting rights cannot withstand constitutional scrutiny,' she wrote. 'Put another way, even the slightest burden that results from the enforcement of the date provision is too much when there is no counterbalance.' Calls to attorneys for the Republican National Committee were not returned Monday. More: When are Pa. elections happening in 2025? What's the voter registration deadline? Democratic Congressional Campaign Committee spokesperson Viet Shelton said the ruling was a 'victory for free and fair elections, protecting Pennsylvanians' constitutional right to participate in our democracy.' 'It's also a reminder that while Republicans continue their efforts to disenfranchise voters across the country, Democrats are ready to fight everywhere to ensure every legal vote is counted,' Shelton said. More: Erie elections board didn't act in 'bad faith' after drop-box video overwritten: Judge Last year, Baxter, who is a Trump appointee, ruled in a separate lawsuit the date requirement violated the Materiality Clause of the federal Civil Rights Act, which bans rules that prevent people from voting over meaningless errors on election paperwork. The U.S. 3rd Circuit Court of Appeals reversed Baxter's decision, finding the provision applies only when the state is determining who may vote and not to 'rules, like the date requirement, that govern how a voter must cast his ballot for it to be counted.' The date requirement has also been the subject of a web of state court decisions that have, so far, failed to resolve whether the rule violates the Pennsylvania Constitution. In a case last October, the state Supreme Court declined to rule on the issue with the Nov. 5 presidential election fewer than 30 days away, citing the risk of confusion a change in the rules might cause. In each of the earlier cases, the evidence established that counties stamp ballots with the date and time they are received to document that they arrived before the Election Day deadline. The Supreme Court in January agreed to hear an appeal in a case from Philadelphia challenging the disqualification of mail-in ballots in a special election for the state House. The lower Commonwealth Court ruled just before the Nov. 5 election that the date rule violates the state constitution. In her decision, Baxter noted the right to free expression at issue was separate from the 'core political speech' protected under the First Amendment. The U.S. Supreme Court established a test to determine whether rules that infringe on political expression via the ballot are constitutional. That test balances whether the infringement is justified by an interest in orderly elections. 'The commonwealth has not identified what specific regulatory interest is furthered. Indeed, despite formal notification, the commonwealth has not defended the constitutionality of the dating requirement,' Baxter said, noting that most of the county boards of elections had not identified an interest in enforcing the date requirement. Peter Hall has been a journalist in Pennsylvania and New Jersey for more than 20 years, most recently covering criminal justice and legal affairs for The Morning Call in Allentown. Pennsylvania Capital-Star is part of States Newsroom, the nation's largest state-focused nonprofit news organization. This article originally appeared on Erie Times-News: Judge rules PA ballot dating law violates right to free expression
Yahoo
01-04-2025
- Politics
- Yahoo
Federal judge rules Pa. ballot dating rule violates constitutional right to political expression
A Pennsylvania mail ballot envelope (Capital-Star photo) Pennsylvania's requirement for voters to write the date on mail-in ballots infringes on the constitutional right to free expression, a federal judge in western Pennsylvania ruled Monday. The decision by U.S. District Judge Susan Baxter is the latest in a series on Act 77, which gave voters the option of voting by mail without an excuse for not going to the polls in person for the first time in 2020. It's also the second time Baxer has found the law impermissibly disenfranchises voters. People who choose to vote by mail are required to complete a declaration including the date on the outside of the envelope provided to return their ballots. But voters often forget the date or write a date unrelated to the election, such as their birthdate. Such mistakes have caused tens of thousands of ballots to be disqualified even when they're returned on time. They often form the basis to challenge mail ballots in close elections. In a lawsuit by the national Democratic congressional and senate campaign committees and the American Federation of Teachers against Pennsylvania's 67 county boards of elections, Baxter found the requirement serves no compelling government interest and doesn't justify infringing on voters' First Amendment rights. She found no evidence to support 'nebulous' claims by Republican groups that intervened in the case that the date requirement bolsters voter confidence or preserves the solemnity of voting. While preventing voter fraud is less ambiguous, there's also no evidence the date requirement serves that purpose, Baxter said. 'Since there is no evidence that the date requirement serves any state interest, even a slight burden on voting rights cannot withstand constitutional scrutiny,' she wrote. 'Put another way, even the slightest burden that results from the enforcement of the date provision is too much when there is no counterbalance.' Calls to attorneys for the Republican National Committee and an attorney and a spokesperson for the Democratic Congressional Campaign Committee and Democratic Senate Campaign Committee were not returned Monday. Last year, Baxter, who is a Trump appointee, ruled in a separate lawsuit the date requirement violated the Materiality Clause of the federal Civil Rights Act, which bans rules that prevent people from voting over meaningless errors on election paperwork. The U.S. 3rd Circuit Court of Appeals reversed Baxter's decision, finding the provision applies only when the state is determining who may vote and not to 'rules, like the date requirement, that govern how a voter must cast his ballot for it to be counted.' The date requirement has also been the subject of a web of state court decisions that have, so far, failed to resolve whether the rule violates the Pennsylvania Constitution. In a case last October, the state Supreme Court declined to rule on the issue with the Nov. 5 presidential election less than 30 days away,citing the risk of confusion a change in the rules might cause. In each of the prior cases, the evidence established that counties stamp ballots with the date and time they are received to document that they arrived before the Election Day deadline. The Supreme Court in January agreed to hear an appeal in a case from Philadelphia challenging the disqualification of mail-in ballots in a special election for the state House. The lower Commonwealth Court ruled just before the Nov. 5 election that the date rule violates the state constitution. In her decision, Baxter noted the right to free expression at issue was separate from the 'core political speech' protected under the First Amendment. The U.S. Supreme Court established a test to determine whether rules that infringe on political expression via the ballot are constitutional. That test balances whether the infringement is justified by an interest in orderly elections. 'The commonwealth has not identified what specific regulatory interest is furthered. Indeed, despite formal notification, the commonwealth has not defended the constitutionality of the dating requirement,' Baxter said, noting that most of the county boards of elections had not identified an interest in enforcing the date requirement.
Yahoo
21-03-2025
- Politics
- Yahoo
ACLU: ‘Notice and cure' policies helped 9,000 Pennsylvanians have their votes counted
A voter deposits a mail-in ballot at the drop box outside the Chester County Government Center on Tuesday, Nov. 5, 2024. (Capital-Star/Peter Hall) More than 9,000 Pennsylvanians successfully cast ballots in the 2024 election, after they initially made mistakes on vote-by-mail ballots, a voting rights group said. About half of the voters who made errors on their mail ballots were able to preserve their rights to vote. That's an improvement over recent elections, when confusion over the rules for voting by mail caused as many as 22,000 voters to be disenfranchised in 2022. The American Civil Liberties Union of Pennsylvania said its analysis of the 2024 election found more than 7,000 voters were notified by county election officials they forgot to sign or date their ballot envelopes or made similar disqualifying mistakes. County policies allowed those people to correct the errors and have their ballots counted. A further 2,000 were able to vote because of a state Supreme Court decision last year that requires county election officials to count provisional ballots cast by voters who find out that their mail ballots have been disqualified. But more than 8,500 voters still did not have their votes counted because of errors that have not bearing on their qualifications to cast ballots, the analysis found. And 6,500 mail ballots were not counted because they arrived after the Election Day deadline. SUPPORT: YOU MAKE OUR WORK POSSIBLE The findings the ACLU of Pennsylvania published Thursday show county policies and the Supreme Court's ruling made a difference, Mike Lee, the group's executive director, said. 'That's a win for democracy, and we applaud the majority of counties that inform voters about their potentially disqualifying mistakes. Our question for the other counties is, 'Why aren't you doing more to help people vote?'' Lee said in a statement. Pennsylvania's 67 counties have a patchwork of differing practices under Act 77, which made voting by mail without an excuse an option for the first time in 2020. Some counties inform voters by telephone, email or letter that they have made mistakes ahead of Election Day. Others record canceled ballots in the Statewide Uniform Registry of Voters (SURE), which automatically generates an email that tells voters about their ballot's status. When voters know there's a problem, they can preserve their right to vote by casting a provisional ballot at their polling place. In a case led by the ACLU of Pennsylvania and the Public Interest Law Center last year, the Supreme Court ruled in favor of voters from Butler County that election officials were required to count the provisional ballots cast after their primary ballots were canceled. Marian Schneider, the ACLU of Pennsylvania's senior policy counsel for voting rights, told the Capital-Star the Supreme Court has not made a definitive ruling whether county election officials are required to give voters a chance to fix their mistakes. The Election Code doesn't directly address the subject leaving counties broad authority to do what they want, Schneider said. The Department of State, which oversees elections at the state level, could make a rule that all counties have to record whether a ballot has been rejected in the SURE system. That would give voters the notice they need to cast a provisional ballot, Schneider said. Legislation awaiting action in the state House would address three of the main reasons mail-in ballots get rejected. House Bill 499 introduced by Rep. Joe Webster (D-Montgomery) would change the deadline to apply for a mail ballot from seven days before the election to 12 days, to ensure that the postal service has enough time to deliver and return them. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX It would also eliminate the requirement to use a blank secrecy envelope inside the return envelope for mail ballots. Ballots returned without secrecy envelopes now must be disqualified. Webster's bill would clarify that the requirement to sign and date mail-in ballots means to include the date of the voter's signature. It would also state that failing to date the ballot cannot be the sole reason to disqualify the ballot. And it would explicitly give counties the authority to use ballot drop boxes and establish minimum requirements for the counties that choose to do so. Another measure Webster introduced, House Bill 473, would prohibit third-party organizations from sending ballot applications to eligible voters. Ballot applications submitted in bulk, sometimes with incorrect information, prompted investigations in several counties last fall. Rep. Scott Conklin (D-Centre) introduced House Bill 37 to allow counties to begin preparing to count mail ballots up to a week before Election Day. Election workers now may not begin preparing mail ballots until polls open on Election Day, leading to delays in providing election results. The legislation, which Conklin said is consistently the most requested change to Act 77, passed the House last session but was not considered in the Senate.
