00:02 - >>HELLO I'M CANDACE WHOLE AN

00:03 - APPELLATE LAWYER WITH MCNEESE

00:05 - WALLACE IN NEWARK.

00:06 - WITH ME IS KAREN RIAS HE AN

00:08 - APPELLATE LAWYER WITH THE LAW

00:09 - FIRM OF POSTING SHOW.

00:12 - WE'RE HERE IN THE COURTROOM OF

00:14 - THE SUPREME COURT OF

00:15 - PENNSYLVANIA IN THE CAPITOL

00:16 - BUILDING IN HARRISBURG.

00:19 - WE'RE HERE TO HEAR ORAL

00:21 - ARGUMENTS. ON THE APPEALS

00:23 - BEFORE THE SUPREME COURT.

00:25 - THE SUPREME COURT OF

00:26 - PENNSYLVANIA IS THE HIGHEST

00:27 - COURT IN THE PENNSYLVANIA

00:28 - JUDICIAL SYSTEM.

00:30 - THE PENNSYLVANIA COURT SYSTEM

00:32 - IS STRUCTURED LIKE A PYRAMID

00:33 - WITH THE SUPREME COURT AT THE

00:35 - TOP.

00:36 - BELOW THE SUPREME COURT OR TO

00:37 - INTERMEDIATE APPELLATE COURTS.

00:39 - THE COMMONWEALTH COURT AND THE

00:41 - SUPERIOR COURT. BELOW

00:43 - THOSE COURTS ARE THE TRIAL

00:45 - COURTS AND THE STATE AGENCIES.

00:47 - THE APPEALS WE WILL HEAR TODAY.

00:49 - I HAVE COME TO THE

00:51 - SUPREME COURT AFTER BEING HEARD

00:53 - IN THOSE LOWER TRIBUNALS.

01:00 - IS THE CASE OF THE CLINK

01:01 - OVERSEAS DEPARTMENT OF STATE.

01:04 - THIS IS ACTUALLY A CONSOLIDATED

01:06 - CASE IN WHICH SEVERAL DIFFERENT

01:08 - ACTIONS HAVE BEEN BROUGHT

01:09 - TOGETHER TO BE HEARD BY THE

01:11 - COURT.

01:12 - THE CASE COMES TO THE SUPREME

01:14 - COURT ON DIRECT APPEAL FROM AN

01:16 - ORDER OF THE COMMONWEALTH

01:17 - COURT.

01:20 - THE CASE WAS INITIALLY FILED IN

01:21 - THE COMMONWEALTH COURT

01:23 - WHICH IS A SPECIAL COURT IN

01:24 - PENNSYLVANIA THAT HEAR CIVIL

01:26 - CASES TO WHICH THE GOVERNMENT

01:28 - IS A PARTY.

01:32 - THE PLAINTIFFS CHALLENGE THE

01:33 - CONSTITUTIONALITY OF ACT, 77 OF

01:36 - 2019. IN

01:39 - 2019. THE PENNSYLVANIA

01:41 - GENERAL ASSEMBLY AND ACTED

01:43 - ACT 77, WHICH MADE SEVERAL

01:45 - IMPORTANT UPDATES AND

01:47 - IMPROVEMENTS TO THE

01:48 - PENNSYLVANIA ELECTION CODE.

01:51 - ACT 77, INCLUDED PROVISIONS

01:53 - THAT FOR THE

01:54 - FIRST TIME OFFERED THE OPTION

01:56 - OF MAIL IN VOTING. TO

01:58 - PENNSYLVANIA ELECTORS WHO DID

02:00 - NOT QUALIFY FOR ABSENTEE VOTING

02:03 - PREVIOUSLY. IN OTHER WORDS ACT

02:06 - 77 ALLOWED FOR NO EXCUSE

02:08 - ABSENTEE VOTING. PRIOR

02:11 - DAC 77

02:12 - MAIL IN VOTING WAS ALLOWED ONLY

02:14 - IF A VOTER MET A PARTICULAR

02:16 - EXEMPTION REQUIREMENT, ALLOWING

02:19 - THEM NOT TO SHOW UP TO VOTE IN

02:20 - PERSON. THOSE

02:22 - EXEMPTIONS INCLUDED THEIR

02:23 - OCCUPATION. THEY'RE PHYSICAL

02:25 - INCAPACITY THE RELIGIOUS

02:27 - OBSERVATIONS FOR THEIR ELECTION

02:29 - DAY DUTIES.

02:32 - ACTS EVAN T 7 CONTAINED

02:33 - OTHER PROVISIONS THAT INCLUDED

02:35 - THE ELIMINATION OF STRAIGHT

02:37 - TICKET VOTING. REVISIONS TO

02:40 - REGISTRATION AND BALLOT

02:41 - DEADLINES AND MODERNIZATION

02:43 - OF AREAS. ADMINISTRATIVE

02:45 - REQUIREMENTS FOR ELECTIONS.

02:47 - AS WELL AS

02:48 - FUNDING MECHANISMS FOR COUNTIES

02:50 - TO REPLACE OUTDATED VOTING

02:51 - SYSTEMS.

02:54 - THE GENERAL ASSEMBLY INCLUDED A

02:55 - NON SEVER IT SEVERABILITY

02:57 - PROVISION IN THE ACT

02:59 - STATING THAT THE INVALIDATION

03:01 - OF CERTAIN SECTIONS OF THE ACT,

03:03 - INCLUDING THE PORTION GOVERNING

03:06 - MAIL IN BALLOTS

03:07 - WOULD VOID THE REST OF THE ACT

03:09 - IF THAT PROVISION WERE FOUND

03:11 - UNCONSTITUTIONAL.

03:14 - THE COMMONWEALTH COURT

03:15 - HELD THAT ACT 77 VIOLATES

03:18 - ARTICLE 7 SECTION ONE OF THE

03:20 - PENNSYLVANIA CONSTITUTION.

03:22 - THE COMMONWEALTH COURT

03:24 - INTERPRETED. THAT PROVISION OF

03:26 - THE CONSTITUTION

03:27 - AS REQUIRING IN-PERSON VOTING

03:29 - AND LESS ONE OF THOSE

03:31 - EXEMPTIONS WAS MET.

03:33 - SINCE NO EXCUSE VOTING WAS NOT

03:35 - IN THE CONSTITUTION. THE

03:37 - COURT CONCLUDED THAT THE

03:38 - CONSTITUTION DOES NOT PERMIT

03:40 - IT.

03:43 - THE APP A LEAD.

03:47 - EXCUSE ME ARGUE THAT THE

03:48 - COMMONWEALTH COURT LACKED

03:50 - JURISDICTION TO ADJUDICATE THE

03:51 - CONSTITUTIONAL CHALLENGE TO AXE

03:53 - EVAN T SEVEN'S MAIL IN VOTING

03:55 - PROVISIONS. THEY ARGUE THAT THE

03:57 - CHALLENGE WASN'T IT

03:58 - TIMELY BECAUSE THERE WAS A

04:00 - PROVISION IN X 77 THAT SAID.

04:03 - ANY CHALLENGE TO THE ACT ITSELF

04:06 - HAD TO BE BROUGHT WITHIN 180

04:08 - DAYS OF ITS AN ACT.

04:10 - THIS CHALLENGE WAS AFTER THAT

04:13 - 180 DAY PERIOD. THE

04:15 - APPELLANTS ALSO RELY ON A

04:17 - PROVISION WITHIN THE ACT IT

04:18 - SAYS ONLY THE SUPREME COURT

04:20 - ITSELF HAS THE POWER TO A DUTY.

04:22 - JUDY KATE, THE

04:23 - CONSTITUTIONALITY OF THE ACT.

04:27 - THE APPELLANTS ARGUE THAT THE

04:28 - COMMONWEALTH COURT LACKED

04:30 - JURISDICTION TO REACH ITS

04:31 - DECISION. THEY ALSO ARGUE ON

04:34 - THE MERITS THAT THE

04:36 - ACT IS NOT UNCONSTITUTIONAL AND

04:38 - THAT NOTHING IN.

04:41 - THE CONSTITUTION PROHIBITS MAIL

04:44 - IN VOTING WITHOUT EXCUSE AS ACT

04:46 - 77 ALLOWS.

04:49 - THE SUPREME COURT IS HEARING

04:51 - THIS CASE ON AN EXPEDITED

04:52 - SCHEDULE. MEANING

04:55 - THAT IT HAS REACHED THE COURT

04:57 - QUICKLY BECAUSE

04:59 - THE CASE IS THE POTENTIAL TO

05:00 - AFFECT HOW PRIMARY ELECTIONS

05:02 - ARE CONDUCTED. IN PENNSYLVANIA

05:04 - IN 2022. NOW LET'S LISTEN TO

05:08 - THE ARGUMENTS.

05:10 - THE HONORABLE THE CHIEF JUSTICE

05:11 - AND JUSTICES OF THE SUPREME

05:13 - COURT OF PENNSYLVANIA.

05:17 - >>OH

05:17 - YEA YEA.

05:18 - >>ALL MEN ARE PERSONS WHO STAND

05:20 - BOUND BY RECOGNIZANCE WHO

05:21 - OTHERWISE HAVE BUSINESS BEFORE

05:23 - THIS COURT ME NOW HERE IN THE

05:24 - SHALL BE HURT. GOD SAVE THE

05:26 - COMMONWEALTH AND THIS HONORABLE

05:27 - COURT PLEASE BE SEATED.

05:48 - >>GOOD MORNING. IT'S NICE TO

05:49 - SEE EVERYONE OUT.

05:51 - FIRST ARGUMENT IN THE SPRING

05:53 - SESSION IN 2020 MATCH THEIR

05:54 - SECOND ARGUMENT IN THE SPRING

05:56 - SESSION, 2022, WE'RE HERE FOR

05:58 - THE 18TH FOR SPECIAL ARGUMENT.

06:02 - LOOK FORWARD TO THE ADVOCACY AS

06:04 - ALWAYS.

06:07 - OUR FIRST CASES CLIMBED OVER

06:09 - CITY DEPARTMENT OF STATE IN

06:11 - THESE CONSOLIDATED CASES.

06:13 - PELLYS CHALLENGE THE

06:15 - CONSTITUTIONALITY OF

06:16 - ACT 77 WHICH PERMITS ANY

06:18 - QUALIFIED ELECTOR TO VOTE

06:20 - BY MAIL ON GROUNDS THAT VIOLATE

06:22 - SEVERAL PROVISIONS CONTAINED IN

06:24 - ARTICLE 7 OF THE

06:25 - PENNSYLVANIA CONSTITUTION.

06:27 - THE COMMONWEALTH COURT

06:28 - INITIALLY REJECTED THE

06:29 - PROCEDURAL CHALLENGES TO THE

06:31 - ACTIONS BASED UPON BLACK IS

06:34 - STANDING LATCHES IN TIME AND

06:36 - ITS GROUNDS ON THE MERITS.

06:38 - THE COMMONWEALTH COURT HOW THE

06:39 - NAC 77 IS UNCONSTITUTIONAL

06:42 - WITH THAT THE

06:43 - ARTICLE 7 OF THE CONSTITUTION

06:45 - ALLOWS ABSENCE ABSENTEE BALLOT

06:47 - VOTING ONLY UNDER LIMITED

06:48 - CIRCUMSTANCES IN

06:50 - ANY EXPANSION WHICH WOULD

06:52 - INCLUDE NO EXCUSE MAIL IN

06:53 - VOTING HAS TO BE ESTABLISHED A

06:55 - CONSTITUTIONAL AMENDMENT.

06:57 - THE PROPRIETY OF THOSE RULINGS

06:59 - ARE NOW AT ISSUE BEFORE THIS

07:00 - COURT. I UNDERSTAND THAT WE

07:02 - HAVE.

07:04 - 5 COUNCIL THAT ARE GOING

07:06 - TO ARGUE AND IT'S BEEN

07:09 - EXPLAINED THAT WE DON'T OFFER A

07:12 - REBUTTAL. WE HAVE NO TIME

07:13 - LIMITS. WE'VE GOT YET ARGUE

07:15 - WITHIN REASONABLE LIMITS UNTIL

07:18 - YOU'VE COMPLETED

07:18 - YOUR ARGUMENT AND ALL THE

07:20 - JUSTICES AND ANSWER THE

07:21 - QUESTIONS. AND SO WE HAVE THE

07:24 - REBUTTAL AND WE WE DON'T WANT

07:26 - TO HEAR REPETITIVE ARGUMENTS IT

07:28 - WITH GREAT RESPECT ALL AND THEY

07:30 - ARE OFTEN ADVOCATES.

07:32 - I WILL POLITELY INTERRUPT YOU

07:34 - IF YOU'RE BEGINNING TO RETREAT

07:35 - GROUNDS ONE OF THE OTHER

07:36 - COUNCIL HAS COVER

07:38 - IF ONE OF THE JUSTICES ASK YOU

07:40 - A QUESTION THAT ONE OF YOUR

07:41 - COLLEAGUES GOING TO COVER.

07:43 - PLEASE FEEL FREE TO SAY SO SO

07:45 - THAT YOUR RESPONSE TO THE

07:46 - QUESTION DOESN'T ARGUMENT.

07:48 - OKAY. MISTER WITT WIBLE PLEASE

07:52 - PROCEED.

07:55 - ROBERT WHY GO ON JOINED HERE

07:56 - WITH MY CO-COUNSEL.

07:58 - >>KERRY RICE ON BEHALF OF THE

08:00 - PENNSYLVANIA DEPARTMENT OF

08:01 - STATE AND THE ACTING SECRETARY

08:04 - OF THE COMMONWEALTH,

08:05 - THE CHAPMAN IT PLEASE THE COURT

08:07 - I INTEND TO ADDRESS THE

08:08 - PROVISIONS OF THE PENNSYLVANIA

08:09 - CONSTITUTION GOVERNING

08:11 - ELECTIONS AND THEIR

08:12 - APPLICABILITY TO ACT 77.

08:14 - I WILL ALSO EXPLAIN WHY NOT

08:16 - WITHSTANDING THE 2 CASES THE

08:17 - COMMONWEALTH COURT

08:18 - RELIED ON. CHIEFS VERSUS MILLER

08:21 - DECIDED MEETING 62 IN LANCASTER

08:23 - CITY DECIDED IN 1924.

08:25 - THE CURRENT CONSTITUTION DOES

08:27 - NOT PROHIBIT THE METHOD OF MAIL

08:28 - IN VOTING. ESTABLISHED BY

08:30 - ACT 77 WITH RESPECT TO

08:32 - PETITIONERS FAILURE TO COMPLY

08:34 - WITH THE STRUCTURE OF

08:35 - ADDITIONAL REVIEW WE SET FORTH

08:36 - IN SECTION 13 OF

08:38 - ACT 77. WE'RE CONTENT TO REST

08:40 - IN OUR BRIEF SUBJECT OF COURSE

08:42 - ANY QUESTIONS THAT THE COURT

08:43 - MAY HAVE I'M MISTER WAXMAN

08:45 - COUNSEL FOR THE DEMOCRATIC

08:46 - NATIONAL COMMITTEE. WE'LL FOCUS

08:48 - ON WHY CHASE IN LANCASTER CITY.

08:50 - >>SHOULD BE OVERRULED IF THIS

08:51 - COURT CONCLUDES THEY ARE NOT

08:53 - DISTINGUISHABLE MISTER WAXMAN

08:55 - ALSO ADDRESS PETITIONERS

08:56 - FEDERAL CLAIM.

08:59 - NOTHING IN THE PENNSYLVANIA

09:00 - CONSTITUTION PROHIBITS THE

09:01 - GENERAL ASSEMBLY FROM PROVIDING

09:03 - ALL PENNSYLVANIANS WITH A

09:05 - METHOD. VOTING BY MAIL

09:07 - LET ALONE DOES SO CLEARLY AND

09:09 - BEYOND ALL DOUBT AS PETITIONERS

09:11 - MUST SHOW IN ORDER TO PREVAIL

09:13 - MOREOVER PETITIONERS

09:14 - INTERPRETATION OF THE

09:15 - CONSTITUTION REQUIRES POLICING

09:17 - THE PROVISIONS OF ARTICLE 7 IN

09:19 - CONTRADICTED IN CONTRADICTION

09:20 - WITH EACH OTHER WHERE'S

09:21 - OUR READING HARMONIZE THE

09:23 - INCONSISTENT WITH THIS COURT'S.

09:25 - I PRECEDENTS REGARDING

09:26 - CONSTITUTIONAL INTERPRETATION.

09:28 - NOW IT'S NOT HARD TO IMAGINE

09:30 - HOW THE CONSTITUTION COULD

09:32 - CLEARLY PROHIBITED MAIL IN

09:33 - VOTING. IT WOULD HAVE DONE SO

09:35 - IN THE PROVISION ADDRESSED TO

09:36 - THE PERMISSIBLE METHODS

09:37 - OF VOTING. AND IT WOULD HAVE

09:39 - PROVIDED THAT ELECTORS MAY VOTE

09:40 - ONLY IN PERSON AT POLLING

09:42 - PLACES ON

09:43 - ELECTION DAY. AND IN FACT THE

09:45 - PENNSYLVANIA CONSTITUTION DOES

09:46 - HAVE A PROVISION EXPRESS THE

09:48 - ADDRESSING NOTHING'S OF

09:49 - ELECTIONS THAT ARTICLE 7

09:51 - SECTION 4 ENTITLED METHOD OF

09:53 - ELECTIONS. BUT IT SAYS NOTHING

09:54 - OF THE SORT

09:55 - TO THE CONTRARY THAT ARTICLE

09:57 - EXPRESSLY GIVES THE LEGISLATURE

09:59 - PLENARY POWER TO PRESCRIBE THE

10:01 - PERMISSIBLE METHODS OF ELECTION

10:03 - SUBJECT TO ONLY ONE PROVISO AND

10:05 - THAT PROVISO IS THAT SECRECY IN

10:08 - VOTING MUST BE PRESERVED.

10:09 - AND OF COURSE THIS COURT WE

10:11 - WILL RECALL THAT

10:12 - IT ADDRESSED THE VOTING FOR

10:15 - VISION WITH SPECIFIC RESPECT TO

10:16 - ACT 77 IN THE 2020 CASE OF

10:19 - PENNSYLVANIA

10:19 - DEMOCRATIC PARTY AND THE COURT

10:21 - HELD I THINK CLEARLY INFORMED

10:23 - BY THAT CONSTITUTIONAL

10:24 - REQUIREMENT OF SECRECY

10:26 - THAT THE AKC

10:27 - 77 IS REQUIREMENT WHICH SAID

10:29 - THAT BALLOTS RETURNED BY MAIL

10:31 - HAD TO BE INCLUDED IN THE

10:32 - SECRECY ENVELOPE THAT THAT WAS

10:33 - MANDATORY AND THAT ANY BALLOTS

10:35 - THAT DID NOT COMPLY WITH THAT

10:37 - REQUIREMENT MUST WE SET ASIDE

10:39 - AND NOT COUNTED.

10:40 - SO PETITIONERS ALSO LOOK NOW TO

10:42 - ARTICLE 7 SECTION 14 FOR THE

10:45 - PROHIBITION THAT THEY SAY

10:46 - EXIST. BUT THE PLAIN LANGUAGE

10:48 - OF THAT SECTION REQUIRES

10:50 - THE LEGISLATURE TO ALLOW

10:52 - CERTAIN TYPES OF PERSONS TO

10:53 - VOTE ABSENTEE IT SAYS THE

10:55 - LEGISLATURE SHALL PROVIDE THOSE

10:57 - GROUPS THE ABILITY TO VOTE BY

10:59 - ABSENTEE BALLOT. SO IN OTHER

11:00 - WORDS, IT SETS A FLOOR

11:02 - CONSTITUTIONAL RIGHTS THAT THE

11:04 - LEGISLATURE CANNOT TAKE AWAY

11:06 - FOR THE PEOPLE WHO FALL INTO

11:07 - THAT CATEGORY. IT DOES NOT

11:09 - PROHIBIT THE LEGISLATURE FROM

11:11 - ALLOWING OTHERS TO VOTE

11:12 - BY MAIL. WELL FINALLY THE

11:14 - PETITIONERS RELY ON ARTICLE 7

11:16 - SECTION ONE AND THAT'S REALLY

11:18 - THE THE PRIMARY BASIS FOR THEIR

11:20 - ARGUMENT. BUT THAT SECTION

11:22 - BITES CLEAR TERMS

11:23 - IS EXPRESSLY ADDRESSED TO VOTER

11:25 - QUALIFICATIONS IN OTHER WORDS,

11:27 - IT TALKS ABOUT A VOTE.

11:31 - IT IMPOSES

11:32 - RESIDENCY REQUIREMENTS THAT

11:34 - CITIZENS MUST MEET IN ORDER TO

11:35 - BE ELIGIBLE TO VOTE SO FIRST

11:37 - THEY HAVE TO BE A RESIDENT,

11:38 - A PENNSYLVANIA. AND THEY ALSO

11:40 - HAVE TO BE A RESIDENT OF A

11:41 - PARTICULAR ELECTION DISTRICT.

11:42 - NOW WHICH ELECTION DISTRICT

11:44 - WELL, THE PROVISION TELLS US

11:45 - IT'S THE ELECTION DISTRICT IN

11:47 - WHICH THEY OFFER TO VOTE.

11:48 - SO THE PROVISION SAYS

11:50 - YOU'VE GOT TO BE A RESIDENT OF

11:51 - THE ELECTION DISTRICT IN WHICH

11:52 - YOU WATCHED TO CAST YOUR

11:54 - BALLOT. SO AS AS A MEMBER OF

11:57 - THE RESIDENTS CITIZEN RESIDENT

11:58 - OF PHILADELPHIA. I CAN'T VOTE

12:00 - FOR THE MAYOR OF HARRISBURG

12:01 - AND INDEED I CAN'T VOTE FOR THE

12:03 - JUDGE OF ELECTIONS OF A

12:04 - DIFFERENT ELECTION DISTRICT

12:05 - THAN THE ONE IN WHICH I'M A

12:06 - RESIDENT. THAT'S ALL IT SAYS

12:08 - CAN I ASK YOU ABOUT THAT.

12:10 - JUST THAT LANGUAGE.

12:13 - >>WHAT'S THE DIFFERENCE.

12:14 - >>BETWEEN YOU VOTING IN

12:16 - PHILADELPHIA AND YOU OFFERING

12:18 - TO VOTE IN PHILADELPHIA.

12:19 - >>WELL YOUR HONOR I THINK

12:21 - OFFERED TO VOTE.

12:22 - CLEARLY BY ITS TERM SUGGESTS

12:24 - THAT I'M MAKING AN ATTEMPT

12:26 - WHICH COULD BE ACCEPTED OR

12:27 - REJECTED.

12:28 - >>RIGHT SO I CAN OFFER TO VOTE

12:30 - BY SUBMITTING MY INDEED UNDER

12:33 - ACT 77, IT'S IT THE METHOD IS

12:35 - MORE EXPANSIVE RIGHT GOT TO

12:36 - START BY REGISTERING

12:38 - AND THEN I'VE GOT TO APPLY FOR

12:39 - A BALLOT AND AFTER SEASON AFTER

12:41 - RETURN IT

12:42 - AND THEN ALL OF EVERYTHING I'VE

12:44 - DONE WILL BE EVALUATED BY

12:46 - ELECTION OFFICIALS AND THEY

12:47 - WILL DETERMINE WHETHER WHAT

12:49 - I'VE DONE COMPLIES WITH THE

12:50 - REQUIREMENTS AND THEREFORE

12:51 - WHETHER THAT OFFER WILL BE

12:52 - ACCEPTED AS IT IS EFFECTIVE IS

12:54 - IT TO BE TRACED TO A SORT OF AN

12:56 - ANT TO CLARION SETTING THAT.

12:58 - >>THE KIND OF THING JUSTICE

12:59 - WOODWARD WAS TALKING ABOUT BACK

13:02 - DURING THE CIVIL WAR PEOPLE

13:03 - SEEING YOU SHOW UP TO VOTE AND

13:05 - THEY COULD QUESTION WHO YOU

13:06 - WERE.

13:07 - >>YOUR HONOR THERE'S NOTHING IN

13:08 - THE TERM OFFER DEVOTE RESUBMIT

13:10 - THERE'S NOTHING IN FOR THE VOTE

13:11 - IN 1838

13:13 - AND THAT'S CLEARLY REFLECTED WE

13:14 - THINK BY THE LEGISLATIVE

13:16 - HISTORY. CERTAINLY NOT.

13:19 - THERE'S AND THE BULK OF THE

13:20 - CASE LAW THE THING SUPPORT OUR

13:21 - POSITION. THE TERM OFFERED A

13:23 - VOTE EVEN READ

13:24 - IN ISOLATION DOESN'T SUPPORT

13:26 - PETITIONERS ARGUMENT, IT

13:27 - CERTAINLY DOESN'T CLEANLY

13:28 - CLEARLY IMPROPER THEN ARE YOU

13:32 - WHICH CHASE AND THEN LANCASTER

13:35 - WHICH WAS PREMISED UPON CHASE.

13:37 - >>WRONGLY DECIDED STAY WITH THE

13:39 - BULL WHAT WE DO

13:40 - WITH IT.

13:40 - >>YOUR HONOR WE THINK IT'S

13:41 - DISTINGUISHABLE AND SO WE DON'T

13:43 - THINK THE COURT NEEDS TO

13:45 - OVERRULE THEM. BUT IF THE COURT

13:47 - DISAGREES WITH ICE ON THEIR

13:48 - DISTINGUISH ABILITY. YES, WE

13:50 - THINK THEY WERE WRONGLY DECIDED

13:51 - AT THE TIME MISTER WATTS IS

13:53 - GOING TO DRESS MORE LIKE BUT

13:54 - JUST BY WAY OF INTRODUCTION.

13:56 - THEY WERE WRONGLY DECIDED THE

13:57 - TIME THEY'RE EVEN MORE

13:59 - IRRECONCILABLE WITH THE CURRENT

14:00 - CONSTITUTION, THE CURRENT

14:01 - STANDARDS OF CONSTITUTIONAL

14:03 - INTERPRETATION INTO THIS AREA.

14:05 - THEY SHOULD BE OVERRULED BUT WE

14:06 - ARE WE DO THINK THAT THERE

14:07 - ARE DISTINGUISHABLE AND IF I

14:08 - MAY I THINK ALL I LIKE TO START

14:10 - TO ADDRESS CHASE IN PARTICULAR

14:12 - SO

14:13 - SHE SAYS DISTINGUISHABLE FOR

14:15 - 2 MAJOR REASONS ONE IT

14:17 - INTERPRETED MATERIALLY

14:18 - DIFFERENT PROVISIONS OF THE

14:20 - 1838 CONSTITUTION AS OPPOSED TO

14:22 - THE CURRENT CONSTITUTION AND 2

14:24 - THE

14:25 - THE SCHEME OF VOTING AT ISSUE

14:26 - IN CHASE IS NOTHING LIKE THIS

14:29 - THE SYSTEM OF VOTING METHOD OF

14:30 - VOTING SUPPORT AND THAT 77 I

14:33 - WANT TO START WITH THAT BECAUSE

14:34 - I THINK IT CLEARLY UNDERSCORES

14:35 - WHY CHASES THE MAPS IT.

14:37 - THE SYSTEM OF VOTING CHASE

14:39 - WRIGHT WAS A SYSTEM IN WHICH.

14:43 - ELECTIONS WERE ALLOWED TO

14:44 - BE CONDUCTED ESSENTIALLY

14:46 - MILITARY COMMANDERS WHO MIGHT

14:47 - NOT EVEN THE PENNSYLVANIANS

14:49 - WE'RE ALLOWED TO SET UP

14:50 - ELECTION DISTRICTS IN MILITARY

14:52 - CAMPS OUTSIDE OF PENNSYLVANIA,

14:54 - EVEN ON THE BATTLE FRONT AND

14:56 - HOLD ELECTIONS WITH NO

14:59 - PENNSYLVANIA CIVIL AUTHORITIES

15:00 - TO SUPERVISE

15:01 - WITH NO MEANS OF DETERMINING

15:03 - WHETHER THE PEOPLE WHO ARE

15:04 - VOTING WERE EVEN QUALIFY

15:06 - PENNSYLVANIA. ELECTORS I THINK

15:07 - IF YOU READ SOME OF THE THE

15:08 - PROLONGED ABOUT OPINION THERE'S

15:10 - A QUESTION OF HOW DO WE KNOW

15:11 - WHETHER THESE VOTES ARE EVEN

15:12 - CAST BY PENNSYLVANIANS WERE

15:13 - GOING TO LIE IN A STIPULATION.

15:15 - >>SO WE CAN GET TO THE THE

15:16 - LEGAL MEAT OF THE CASE. BUT.

15:18 - >>COMPLETELY DIFFERENT THAN AT

15:20 - 77, AND I THINK THE COURT

15:22 - UNDERSTANDABLY RULED THAT THAT

15:24 - BUT THAT SCHEME OF WHOLESALE

15:27 - DELEGATION OF CIVIL

15:28 - ELECTION AUTHORITY. 2 MILITARY

15:30 - OFFICIALS WHO ARE NOT IN

15:32 - PENNSYLVANIA MEANS WAS ITSELF

15:34 - ENOUGH TO INVALIDATE THE

15:34 - STATUTE SO THAT THIS IS YOU IN

15:37 - IN FURTHER AND SAID THAT.

15:40 - >>LOOTING BACK I THINK TO AN

15:41 - ANSWER

15:42 - TO SWEAT WHAT THE MILITARY

15:44 - COMMANDER SETS UP A

15:46 - PENNSYLVANIA VOTING IN THE

15:47 - MILITARY COMMANDERS FROM.

15:50 - ILLINOIS AND DOESN'T EVEN KNOW

15:52 - WHAT PENNSYLVANIA IS. IT

15:54 - IS IT AND UNDER THE LAW THAT

15:58 - CHASE WAS SCRUTINIZED WITH

16:00 - A PITTSBURGHER BE ABLE TO VOTE

16:02 - FOR AN EERIE CITY COUNCILMAN

16:04 - WITH AN EERIE CITY COUNCILMAN

16:05 - BE ABLE TO VOTE FOR 8.

16:06 - PHILADELPHIA MAYOR,

16:07 - WELL.

16:08 - >>UNDER SECTION ONE EVEN AT THE

16:10 - TIME THAT WAS PROHIBITED RIGHT

16:11 - BECAUSE OF THE RESIDENCY

16:12 - REQUIREMENT THAT I TALK ABOUT

16:13 - BUT I THINK SHE SAYS

16:15 - CONCERN WISE

16:16 - GIVEN THIS THE STATUTE AT ISSUE

16:18 - THERE WAS NO WAY OF POLICING

16:20 - EVEN NOT REQUIREMENT RIGHT THAT

16:22 - THAT WAS WHAT CHASE WAS

16:23 - CONCERNED WITH BUT ONE OF THE

16:25 - POINTS I WANT TO MAKE IS THAT

16:26 - CHASE CHASE

16:27 - IS ADDRESSING WHETHER ANY MAIL

16:31 - IN VOTING WOULD BE PERMISSIBLE

16:33 - WE BELIEVE THAT DICK TIME

16:34 - BECAUSE CHASE WITH THE WHOLE

16:36 - THING WAS THAT

16:37 - THE CONSTITUTION RECOGNIZE

16:39 - ELECTION DISTRICTS AS AMONG THE

16:40 - CIVIL INSTITUTIONS OF THE STATE

16:42 - AND I'M QUOTING FROM THE

16:43 - OPINION NOW TO BE CREATED AND

16:45 - CONTROLLED EXCLUSIVELY BY THE

16:46 - SIMPLE AS OPPOSED TO THE

16:48 - MILITARY POWER AND THAT THE

16:49 - CIVIL POWER CAN NOT COMMIT THE

16:51 - FORMATION OF ELECTION DISTRICTS

16:53 - TO THE MILITARY. SO THAT WAS

16:55 - MORE THAN SUFFICIENT BASIS TO

16:56 - DISPOSE OF

16:57 - THAT CASE. NOW THE COURT ALSO

16:59 - WENT ON TO DISCUSS THE LANGUAGE

17:02 - THAT WAS NOT NECESSARY TO THE

17:04 - HOLDING BUT EVEN IF EVEN IF YOU

17:06 - LOOK AT THAT TICKED UP FOR WHAT

17:07 - IT IS WE

17:08 - THINK IT'S CLEARLY

17:09 - DISTINGUISHABLE FROM THE

17:10 - CURRENT

17:11 - CONSTITUTION BECAUSE SHE'S

17:13 - LOOKED NOT AT OFFERED A VOTE IN

17:14 - ISOLATION, NOT JUST THAT WHAT

17:16 - WAS THEN

17:16 - SECTION ONE IVAN ELECTIONS

17:19 - ARTICLE THAT'S ARTICLE 3 OF 18

17:21 - 3 CONSTITUTION THAT IS

17:22 - COMPLETELY DIFFERENT THAN WHAT

17:24 - IS NOW ARTICLE 7 RIGHT ARTICLE

17:25 - 3 I'D ONLY 3 PROVISIONS

17:27 - QUALIFICATIONS IN SECTION ONE

17:29 - SECTION 2 WHICH DIDN'T PROVIDE

17:32 - THE LEGISLATURE WITH ANY

17:33 - DISCRETION TO PRESCRIBE THE

17:34 - METHOD OF VOTING.

17:36 - AND THEN A SECTION 3 THAT SAID

17:38 - YOU COULDN'T BE ARRESTED YOU'RE

17:39 - GOING TO VOTE THAT'S IT.

17:40 - CURRENT CONSTITUTION BY

17:42 - CONTRAST AS A 14 DIFFERENT

17:44 - PROVISIONS IN ITS ELECTIONS

17:46 - ARTICLE AND CRUCIALLY THE NONE

17:48 - OF THOSE THE SINCE CHASE.

17:51 - THE CONSTITUTION HAS BEEN

17:52 - AMENDED SEVERAL TIMES AND

17:54 - NOT ONCE DID THE FRAMERS WERE

17:57 - WHERE THE VOTERS REMOVE THE

17:59 - OFFER TO VOTE LANGUAGE

18:01 - WHICH WAS CLEARLY INTERPRETED

18:02 - BY THE COURT AND CHASE AND IF

18:04 - ANYBODY WANTED TO DO THAT

18:05 - WOULDN'T THAT BE THE CLEAREST

18:06 - CONTENT OF WANTING TO CHANGE.

18:08 - >>REACT CHASED BY CHANGING THE

18:10 - OFFERED VOTE LANGUAGE INSTEAD

18:11 - OF ADDING OTHER PROVISIONS THAT

18:13 - DON'T CUT AGAINST THAT

18:15 - INTERPRETATION CHASE.

18:16 - >>WE ARE I THINK THEY'RE COUPLE

18:17 - RESPONSE TO THAT FIRST OF ALL

18:18 - CHASE RELIED NOT JUST ON OFFER

18:21 - TO VOTE FOR ITS INTERPRETATION

18:22 - BUT ALSO WHAT WAS THEN SECTION

18:23 - 2 WHICH WAS A PROVISION THAT AS

18:26 - I MENTIONED ONLY GAVE OR DIDN'T

18:28 - GIVE THE LEGISLATURE ANY

18:29 - DISCRETION OVER THE METHOD OF

18:31 - VOTING AND THAT WAS

18:32 - DIAMETRICALLY CHANGED IN 19 OH

18:35 - ONE FOR USING THAT WAS AN

18:36 - IMPLICIT POINT ADDING THAT 19

18:37 - OH ONE THAT ADDITIONAL

18:39 - DISCRETION TO CRY FROM METHOD

18:40 - OTHER THAN

18:41 - BY BALLOT.

18:42 - >>THAT WAS AN IMPLICIT REPEAL

18:44 - OR OF THE OFFER TO BOTH

18:46 - LANGUAGE.

18:46 - >>YOUR HONOR I THINK IT CLEARLY

18:48 - DISTINGUISHES CHASES HOLDING

18:50 - UNDER THE 1838 CONSTITUTION,

18:52 - YOU'RE NOT ARGUING. IT WAS AN

18:53 - IMPLICIT REPEAL OR YOU'RE

18:54 - ARGUING THAT BECAUSE OF THE

18:55 - ACTIONS WE SHOULD INTERPRET

18:57 - OFFER TO VOTE DIFFERENTLY

18:58 - WE'RE ON I DON'T THINK THE

19:00 - QUESTION OF WHETHER IT'S AN

19:01 - IMPLICIT TO REPEAL OR IS THE

19:03 - QUESTION THAT REALLY IS

19:04 - DISPOSITIVE HEARING THE

19:05 - QUESTION IS WHETHER THE CURRENT

19:06 - CONSTITUTION BEFORE

19:07 - THE COURT.

19:08 - >>WE INTERPRETED AS AN

19:09 - INTEGRATED WHOLE AS IT MUST BE

19:11 - THE MODERN CONSTITUTION, THE

19:12 - CONSTITUTION OF 1968.

19:14 - CLEARLY HOW BUBBLY AND PLAINLY

19:16 - PROHIBITS MAIL IN VOTING AND I

19:18 - THINK I WOULD ALSO MENTION NOT

19:21 - NOT ONLY DO WE THINK THE

19:22 - INTERPRETATION FOR THE VOTE

19:23 - WAS WRONG IN ITS OWN TERMS OF

19:25 - THE TO 38 AND DICK TO BE ON

19:26 - THAT AND THEN FURTHER

19:28 - DISTINGUISHED BY ALTERATION OF

19:30 - ONE OF THE KEY PROVISIONS THAT

19:31 - SHE'S RELIED ON FOR ITS

19:33 - INTERPRETATION.

19:35 - I I YOU KNOW THE THE THE

19:38 - THE BASIC POLICY WHILE THE

19:40 - BASIC RATIONALE THAT LED THE

19:42 - CHASE TO STREAM TO READ IN A

19:45 - PROHIBITION ON MAIL IN VOTING

19:46 - REQUIREMENT OF IN-PERSON VOTING

19:49 - INTO THAT DECISION NO LONGER

19:50 - EXISTS SO IT'S CLEAR IF YOU

19:52 - LOOK AT THE CHIEFS OPINION,

19:53 - WHAT THE COURT WAS CONCERNED

19:55 - ABOUT WAS THAT IF YOU DIDN'T

19:56 - HAVE IN-PERSON VOTING. YOU

19:58 - WOULD HAVE NO MEANS.

20:00 - VERIFYING THE QUALIFICATIONS OF

20:02 - ELECTORS AND THAT MAY WAS

20:03 - PROBABLY TRUE AS A MATTER OF

20:05 - SOCIAL FACT AT THE TIME RIGHT

20:06 - CHASE TALKS ABOUT THEY

20:08 - NEED FOR I WANT TO VOTE

20:10 - ALONGSIDE ONE'S NEIGHBORS.

20:12 - SO THAT ONE'S NEIGHBORS CAN

20:13 - NEITHER CONFIRM WE'RE DISPUTE

20:15 - YOUR IDENTITY AND YOUR

20:17 - QUALIFICATIONS TO VOTE NOW

20:19 - THAT'S IN A TEXT TO A

20:20 - REQUIREMENT AND WE DON'T THINK

20:21 - THAT APPEARS IN THE

20:21 - CONSTITUTION, BUT IT'S

20:23 - UNDERSTANDABLE THAT THE COURT

20:24 - WAS CONCERNED ABOUT THAT AT THE

20:26 - TIME WITH THAT

20:27 - THAT SYSTEM OF VOTING OR THE

20:29 - NEED FOR THAT KIND OF IN PERSON

20:31 - VERIFICATION. IT'S COMPLETELY

20:33 - ERODED OVER TIME RIGHT SO IN

20:35 - 19 OH ONE,

20:37 - NOT ONLY DO WE HAVE THE

20:38 - INTRODUCTION OF THE METHOD

20:41 - PROVISION THAT CURRENTLY EXIST

20:42 - IN THE CONSTITUTION.

20:43 - BUT WE ALSO HAVE AN AMENDMENT

20:45 - TO THAT QUALIFICATIONS SECTION

20:47 - ONE THE ARTICLE AND ITS AMENDED

20:49 - TO ALLOW THE LEGISLATURE TO

20:51 - IMPOSE REGISTRATION

20:52 - REQUIREMENTS AND THAT'S

20:54 - IMPORTANT BECAUSE YOU MOVE INTO

20:55 - THE 20TH CENTURY AND CERTAINLY

20:57 - BY THE TIME YOU GET TO THE 21ST

20:58 - CENTURY YOU HAVE A VERY

20:59 - SOPHISTICATED SYSTEM OF

21:01 - REGISTRATION THAT GROWS UP AND

21:03 - THAT MEANS WELL BEFORE YOU GET

21:05 - TO THE POLLS.

21:06 - A VOTER HAS TO PROVE THEIR

21:08 - QUALIFICATIONS TO VOTE BY

21:10 - SUBMITTING EVIDENCE THAT'S

21:11 - EVALUATED AND IN FACT

21:13 - THE ELECTION CODE ALLOWS PEOPLE

21:15 - TO CHALLENGE SOMEONE'S RIGHT TO

21:17 - BE REGISTERED IS

21:18 - THE OFFER IS THAT AN OFFER TO

21:20 - VOTE THE REGISTRATION

21:22 - YOUR HONOR I THINK YOU COULD

21:23 - UNDERSTAND THAT AS PART OF THE

21:25 - PROCESS OF OFFERING TO TO VOTE

21:27 - I THINK YOU ABSOLUTELY COULD BE

21:29 - CONSTRUE OFFERED A VOTE IN

21:31 - TODAY'S WORLD.

21:33 - I THINK IT MEANS THAT YOU ARE

21:35 - NOTHING MORE THAN YOU ARE

21:36 - SEEKING ARE PROPOSING TO VOTE

21:37 - IN OTHER WORDS,

21:38 - THE THE REASON YOU NEED THE

21:40 - OFFER TO VOTE LANGUAGES YOU HAD

21:41 - THIS AS HAVE SOME WAY OF

21:43 - SPECIFYING WHICH ELECTION

21:45 - DISTRICT ONE NEEDED TO BE A

21:46 - RESIDENT, NOT RIGHT AND SO IT'S

21:48 - YOU'VE GOT TO BE A RESIDENT OF

21:50 - THE ELECTION DISTRICT IN WHICH

21:51 - ARE SEEKING TO VOTE NOT SOME

21:52 - OTHER ELECTION JUST RECEIVED

21:54 - OUR PROPOSED.

21:56 - YOU KNOW INDICATES THAT YOU

21:57 - HAVE TO DO SOMETHING

21:58 - AFFIRMATIVELY SO FLOODING IS

22:00 - THAT SOMETHING.

22:01 - >>YES, SO CLEARLY UNDER THAT

22:03 - CURRENT CONSTITUTION, THE CLEAR

22:04 - CURRENT ELECTORAL REGIME YOU'VE

22:06 - GOT TO REGISTER IF YOU'RE

22:07 - VOTING ABSENTEE OR BY MAIL AND

22:09 - THEN YOU'VE GOT TO APPLY.

22:10 - >>FOR A BALLOT IN WHICH CASE

22:11 - YOU HAVE TO PROVE YOUR

22:12 - IDENTIFICATION ONCE AGAIN AND

22:14 - THAT HAS TO BE VERIFIED.

22:16 - AND IT CAN BE A CHALLENGE TO

22:17 - GET ALL PRIOR TO ELECTION DAY.

22:20 - AND THEN YOU HAVE TO CAST A

22:21 - VOTE AND OF COURSE IF YOU VOTE

22:22 - IN PERSON GOT TO REGISTER NEED

22:24 - TO GO.

22:25 - >>AND REGISTER AND THEN ATTEMPT

22:26 - TO VOTE AND OF COURSE AT ANY

22:28 - POINT IN THAT PROCESS. THE

22:30 - ELECTION OFFICIALS FINALLY YOU

22:32 - HAVEN'T COMPLIED WITH THE

22:33 - AUTHORITIES THAT OFFER WILL BE

22:34 - REJECTED RIGHT, BUT WE THINK

22:36 - THE CASE LIES I'M SORRY TO THIS

22:38 - IS BEHIND US IS THAT THE CASE

22:39 - LAW.

22:41 - NATIONWIDE THE RATE OFFERED TO

22:42 - VOTE THE POINT I WANT TO MAKE

22:44 - IT IS NOT IN ANY WAY UNIQUE TO

22:45 - THE PENNSYLVANIA CONSTITUTION

22:47 - IT APPEARS A LOT OF DIFFERENT

22:48 - CONSTITUTIONS AND HAS OVER THE

22:50 - YEARS AND WE'VE CITED TO YOU A

22:52 - LOT OF THE AUTHORITY

22:54 - INTERPRETING THAT PROVISION AND

22:55 - THE VAST MAJORITY OF 8 UNDER

22:57 - READS IT JUST AS WE DO IT IS

23:00 - SOMETHING THAT CAN BE DONE

23:02 - IN WRITING CONTINUE TO BE DONE

23:03 - BY MAIL THERE'S NOTHING ABOUT

23:05 - AN OFFER TO VOTE THAT REQUIRES

23:06 - IT TO BE ICON YOUR ATTENTION

23:08 - JUST BACK FOR SECOND BEFORE

23:10 - YOUR TOP TIME.

23:11 - >>EXPIRES THAT ARTICLE 7

23:13 - SECTION 14 YOU SORT OF SLIPPED

23:15 - BY TO SAY WELL IT'S OBVIOUSLY A

23:18 - FLOOR. WHAT IT'S IT CAN BE READ

23:20 - AS A FLOOR. IT CAN ALSO BE READ

23:23 - AS THE CEILING IS THERE

23:24 - ANYTHING THAT THAT YOU

23:27 - DISCOVERED THAT INFORMS OR LOSE

23:30 - THE DATES THAT IT WAS INTENDED

23:32 - IS THE FLOOR RATHER THAN SUING

23:33 - I THINK THAT AT LEAST 2 THINGS

23:36 - YOUR HONOR ONE THE

23:38 - FACT THAT.

23:39 - >>THE LANGUAGE WAS CHANGED FROM

23:41 - MADE A SHOT RIGHT IT'S NOT THAT

23:43 - WE'RE JUST LOOKING AT A

23:43 - PROVISION THAT IT'S A CHALLENGE

23:45 - AS IT'S ALWAYS A CHALLENGE

23:47 - TRYING TO FIGURE OUT WHAT IT

23:48 - MEANS I THINK IT'S IMPORTANT

23:50 - THAT THERE WAS A CHANGE MADE IN

23:51 - 1967 OUT AFTER A LANCASTER

23:53 - CITY. FOR THE SOLE PURPOSE OF

23:56 - CHANGING MADE A SHOWER.

23:57 - >>I BELIEVE THE LEGISLATIVE

23:58 - HISTORY THAT WAS THE SOLE

23:59 - PURPOSE OF THAT AMENDMENT AND

24:01 - THE LEGISLATIVE HISTORY.

24:03 - CERTAINLY SUGGESTS THAT THE

24:05 - REASON FOR THAT CHANGE WAS

24:07 - BECAUSE THERE HAVE BEEN A

24:08 - COMPLETE SHIFT IN ATTITUDE

24:09 - TOWARD VOTING BETWEEN CHASE IN

24:12 - 1967 RIGHT

24:13 - CHASE REALLY CELEBRATED THE

24:16 - FACT THAT AT THE TIME.

24:17 - THE CONSTITUTION ONLY ALLOWED

24:19 - WHITE FREE MONEY TO PAY TAXES

24:21 - TO VOTE AND THAT EXCLUDING 80%

24:23 - OF THE POPULATION FROM FROM

24:25 - SUFFRAGE IN 9 BY THE TIME WE

24:26 - GET TO 1967.

24:28 - THE BASIC ATTITUDE OF THE

24:29 - CONSTITUTION TOWARD VOTING IS

24:31 - FUNDAMENTALLY DIFFERENT AND THE

24:33 - LEGISLATIVE HISTORY REFLECTS

24:35 - THAT THAT AMENDMENT WAS

24:36 - ANIMATED BY THE SPIRIT OF OF

24:38 - MAKING VOTING RIGHTS UP

24:40 - PROTECTED AND BECAUSE THEY WERE

24:42 - SO FUNDAMENTAL

24:43 - BECAUSE THEY ARE UNDERSTOOD TO

24:44 - BE PROTECTIVE OF ALL THE OTHER

24:45 - RIGHTS COUNCIL IN THAT REGARD

24:47 - HOW DO YOU ADDRESS RIZZO VERSUS

24:49 - BOARD

24:49 - OF ELECTIONS.

24:50 - >>WHICH SPECIFICALLY HELD THAT

24:53 - SHALL IMPLIES A CEILING ON THE

24:55 - FLOOR.

24:56 - >>WELL YOUR HONOR I THINK IN

24:57 - CERTAIN CONTEXTS IT CAN MEAN

24:59 - THESE ARE ALL CONTEXT DEPENDENT

25:01 - ISSUES BUT I THINK IN THE

25:02 - CONTEXT OF THE ARTICLE 7 IN THE

25:05 - CONTEXT OF THE LEGISLATIVE

25:06 - PLATE OF HISTORY THAT

25:08 - WE HAVE. IT DOES NOT WE THINK

25:11 - IT CLEARLY

25:11 - DOES NOT BUT AT THE END OF THE

25:13 - DAY, IT'S PETITIONERS BURDEN TO

25:15 - SHOW THAT IT CLEARLY DOES AND

25:17 - WE THINK THERE'S NO WAY THAT

25:18 - THEY CAN SHOW THAT WE CAN BEAT

25:20 - US IN THAT I THINK AT THAT BEST

25:22 - FOR PETITIONERS IT'S IN BIG US

25:24 - WE THINK.

25:25 - GIVEN THE LEGISLATIVE HISTORY

25:27 - AND GIVEN THE CHANGE FROM A

25:29 - DISH OW AND I WOULD ADD ONE

25:31 - OTHER POINT IT'S NOT JUST

25:32 - MY INTERPRETATION OF MAJOR

25:34 - SHALL IT'S ALSO THE

25:35 - LEGISLATURE'S INTERPRETATION

25:37 - BECAUSE AS WE SHOWED.

25:39 - COINCIDENT WITH THE CHANGE FROM

25:40 - A DISH ALLEN IN 1967.

25:43 - THE LEGISLATURE ALLOWED

25:45 - CATEGORIES OF PERSONS NOT

25:46 - WITHIN THE GROUPS DEFINED IN

25:48 - ARTICLE

25:49 - 7 SECTION 14. TO VOTE ABSENTEE

25:52 - AND THAT INCLUDED ANYONE WHO

25:54 - WAS ON VACATION AND THAT

25:56 - SUFFICIENTLY SIGNIFICANT

25:57 - EXCEPTION BECAUSE THE

25:58 - CONSTITUTION ARTICLE ONLY

26:00 - ALLOWS

26:01 - IMPORTANT PART PEOPLE WHOSE

26:03 - WHOSE WORK DUTIES REQUIRE THEM

26:05 - TO BE OUT OF TOWN WHITE WAS

26:06 - BECAUSE THE GENERAL ASSEMBLY

26:07 - HAS ALLOWED IT DOES THAT

26:08 - INFLUENCE

26:09 - OUR INTERPRETATION.

26:11 - >>THE MAJOR SHAO BECAUSE

26:13 - THOSE STATUTES MAY BE

26:13 - UNCONSTITUTIONAL AS WELL THAT

26:15 - IS NOT CHALLENGING FOR US WHAT

26:16 - YOUR HONOR I THINK THE

26:17 - CONTEMPORANEOUS INTERPRETATION

26:19 - OF THE LEGISLATURE IS AN

26:20 - IMPORTANT PIECE OF EVIDENCE OF

26:22 - WHAT THE COMMON UNDERSTANDING

26:24 - OF THAT CONSTITUTIONAL MEETING

26:26 - WAS AT THE TIME AND THE COURT

26:28 - HAS LOOKED TO I

26:30 - HAVE CONTEMPORANEOUS

26:31 - LEGISLATIVE INTERPRETATION TO

26:33 - TO GLEAN CONSTITUTIONAL MEANING

26:35 - AND I THINK YOU KNOW INDEED

26:36 - THAT WAS ONE OF THE FLAWS IN

26:38 - OUR VIEW OF THE CHASE OPINION

26:39 - IS THAT AT THE TIME OF CHASE

26:41 - RIGHT AFTER THE TEEN 38

26:42 - CONSTITUTION WAS ENACTED THE

26:44 - LEGISLATURE REENACTED THIS

26:46 - METHOD ALLOWING SOLDIERS TO

26:48 - VOTE OUTSIDE OF THEIR DISTRICT

26:50 - WHICH I WOULD THINK IS

26:51 - POWERFUL EVIDENCE HOW OFFERED A

26:53 - VOTE SHOULD OR SHOULD NOT BE

26:55 - UNDERSTOOD AND SHE STRESSED

26:56 - BRUSH THAT ASIDE IN FAVOR OF

26:58 - ITS OWN INTERPRETATION COUNCIL

26:59 - WHEN I THINK BACK TO JUSTICE

27:01 - TYPE QUESTION FOR A MOMENT ON

27:03 - THE CONTEXT THAT USE LOOKING

27:04 - FOR IN ACTS 77 IN THERE.

27:07 - >>THE OFFER TO VOTE LANGUAGE.

27:09 - A MAJORITY OF THIS COURT HELD

27:11 - BACK IN THEIR 2020 ELECTION

27:13 - CYCLE.

27:15 - AT LEAST I THINK IT COULD BE

27:16 - ARGUED THAT THE OFFER TO VOTE

27:18 - IS PUTTING THE BALLOT IN THE

27:20 - MAIL BECAUSE A MAJORITY OF THIS

27:22 - QUITE HEALTH THAT THAT WAS SORT

27:25 - OF THE KEY

27:26 - TIMING POINT. I IN THE CONTEXT

27:29 - OF WHETHER OR NOT A BALLOT WAYS

27:31 - WHICH

27:31 - IS TIMELY IT IS IS THAT

27:34 - ACCURATE IS IS THAT THE WAY

27:36 - THAT WE SHOULD LOOK WHAT

27:38 - OFFERED TO VOTE MEANS YOU PUT

27:40 - IT IN THE MAIL. I THINK THAT'S

27:42 - A A PERFECTLY REASONABLE

27:44 - INTERPRETATION OF HOW WOULD

27:45 - APPLY HERE, I GUESS I WOULD

27:46 - SAY.

27:47 - >>I THINK THE ONLY QUESTION

27:48 - THIS COURT HAS TO ANSWER FOR

27:49 - PURPOSES OF DECIDING

27:50 - THIS CASE IS DOES OFFER DOES

27:52 - OPERATIVO REQUIRE MANUAL

27:54 - IN PERSON SUBMISSION OF THE

27:56 - BALLOT. BUT I THINK THAT THE

27:58 - INTERPRETATION YOUR HONOR HAS

27:59 - JUST SUGGESTED IS ALSO

28:01 - CONSISTENT WITH THE

28:02 - INTERPRETATION OF OTHER COURTS

28:03 - LIKE THE JENKINS COURT IN

28:04 - NORTH CAROLINA THAT SAID AN

28:06 - OFFER TO VOTE CAN BE MADE IN

28:08 - WRITING IT CAN BE MADE BY MAIL

28:10 - AND THAT I'M JUST TRYING TO GET

28:11 - CONTEXT I HAVE CONTACTS GOING

28:13 - I'M TRYING TO WORK THESE THINGS

28:14 - OUT

28:14 - TO ME.

28:15 - >>WHEN JUSTICE TIED ASK A

28:17 - QUESTION YOU STARTED TALKING BY

28:19 - OUR REGISTRATION AND I YOU KNOW

28:21 - ASKING FOR MAIL IN BALLOT.

28:23 - WHY ARE YOU LOOKING AT

28:24 - THAT ISN'T THE OFFER TO BOW TIE

28:27 - TO THE CONCEPT OF CASTING A

28:29 - VOTE. YOUR HONOR I THINK AND

28:31 - THAT'S A LIVE IN AREAS THERE

28:32 - TOO I THINK THAT'S A VERY

28:34 - REASONABLE READING OF I DON'T

28:35 - HAVE ANY ANY DISPUTE WITH THAT

28:37 - AND I AGREE WITH YOUR HONOR

28:38 - THAT THAT DOES SEEM TO BE THE

28:39 - READING THE REPORT SUGGESTED IN

28:41 - ITS.

28:41 - >>AND IT'S 2020 OPINION FOR ME

28:43 - WHAT IS WHAT IS CRYSTAL CLEAR

28:45 - IS THAT THERE'S NOTHING OFFERED

28:47 - A VOTE TAKEN ALONE AND

28:48 - CERTAINLY NOT IN CONTEXT

28:50 - THAT REQUIRES IN-PERSON VOTING

28:52 - AND INDEED TO COME BACK TO THE

28:53 - CONTEXT. ARTICLE ONE.

28:56 - IS ABOUT THE QUALIFICATIONS OF

28:58 - VOTERS RIGHT NOT ABOUT

29:00 - HOW THEY VOTE AND PETITIONERS

29:02 - INTERPRETATION OF THE

29:03 - CONSTITUTION WOULD SAY THAT THE

29:05 - LEGISLATURE WAS GRANTED.

29:07 - WE'VE ASKED DISCRETIONARY

29:08 - AUTHORITY TO PRESCRIBE THE

29:09 - METHOD OF VOTING IN A METHODS

29:11 - SECTION OF THE CONSTITUTION AND

29:14 - THEN THAT AUTHORITY WAS LARGELY

29:15 - GUIDED IN A TERSE ERIC TERTIARY

29:18 - SUBDIVISION ON THE CLAUSE

29:20 - ADDRESSED TO VOTER

29:22 - QUALIFICATIONS WITHOUT ANY IN

29:24 - THE CONSTITUTION THAT THAT'S

29:25 - WHAT IT WAS WELL DONE IT IN

29:27 - FAIRNESS. THE AUTHOR OF THE

29:28 - OFFER TO VOTE LANGUAGE APPEARED

29:29 - IN THE CONSTITUTION BEFORE THE

29:31 - AUTHORITY WAS GIVEN TO THE

29:32 - GENERAL ASSEMBLY SO.

29:34 - >>IT'S REALLY THE REVERSE

29:35 - YOU'RE SUGGESTING THAT THE

29:36 - ADDITION OF THE DISCRETION OF

29:37 - THE GENERAL ASSEMBLY GOT TO THE

29:38 - OFFER TO VOTE REQUIREMENT

29:40 - INTERPRETED BY THE COURT AND

29:41 - CHASE AND THE METHOD LANGUAGE

29:44 - ARE ALSO RELYING ON WAS IN THE

29:45 - CONSTITUTION OF THE TIME THE

29:46 - CITY LACKS PETITION WAS SIDE.

29:50 - YOUR HONOR THAT IS TRUE,

29:50 - ALTHOUGH ONE OF THE PROBLEMS

29:51 - WITH THE LANCASTER CITY'S

29:53 - DECISION AS WE POINT OUT.

29:54 - >>IS THAT IT DOESN'T ENGAGE

29:55 - WITH CHANGE AT ALL AND IT

29:57 - DOESN'T. IT DOESN'T GRAPPLE

30:00 - WITH THE FACT THAT SHE'S

30:01 - EXPRESSED HAVE STAND YOU KNOW I

30:03 - DON'T STAND YOU DON'T LIKE THE

30:04 - DECISIONS I GET IT BUT BUT IT

30:07 - BUT YOUR ARGUMENTS DON'T SEEM

30:08 - TO BE ANY DIFFERENT THAN I

30:09 - COULD IMAGINE THE LAWYERS

30:10 - MAKING AT THE TIME THE CITY OF

30:12 - LANCASTER WAS DECIDED AT THE

30:13 - TIME. CHASE WAS DECIDED YOUR

30:15 - ARGUMENTS ARE PROBABLY

30:17 - NO DIFFERENT AND YOU'RE JUST

30:19 - ASKING US TO REVISIT WHAT

30:20 - PROVISIONS IN THE CONSTITUTION

30:22 - OR BEEN FOR A LONG TIME.

30:23 - >>WITH THE WITH THE INDICTMENT

30:26 - OF BEING HERE IN 2022 VERSUS

30:28 - WHAT THE

30:28 - JUSTICES HAD.

30:29 - >>WHEN YOU'RE 20 SOME YEARS

30:31 - AFTER THE OFFER TO THAT

30:32 - LANGUAGE WAS PUT IN THE

30:33 - CONSTITUTION. WHY ARE WE SO

30:34 - MUCH MORE LIGHTNING TODAY THAN

30:36 - THE JUSTICES WERE THAT

30:37 - WE ARE I WOULD CHARACTERIZE

30:38 - WHAT WHAT WE'RE ASKING THE

30:39 - COURT TO DO A BIT DIFFERENTLY.

30:40 - I THINK WE'RE ASKING THE COURT

30:42 - TO LOOK AT THE CURRENT

30:43 - CONSTITUTION AND READ IT.

30:44 - >>WE ALL OF ITS PROVISIONS

30:47 - TOGETHER HARMONIOUSLY AND

30:49 - DECIDE WHETHER THERE IS A CLEAR

30:50 - PROBLEM PLAYING PROHIBITION ON

30:52 - MAIL IN VOTING. AND WE

30:53 - THINK THAT YES WE UNDERSTAND WE

30:56 - NEED TO.

30:57 - ADDRESSED CHASE IN LANCASTER

30:59 - CITY BUT THEY WERE DECIDED

31:00 - UNDER OTHER CONSTITUTIONS AND

31:02 - WE THINK THAT THEY ARE

31:02 - DISTINGUISHABLE AND WE THINK

31:04 - THAT IN EACH CASE NOT ONLY ARE

31:06 - THOSE DECISIONS FLAW ON THEIR

31:08 - OWN TERMS BUT THEY RESTED

31:10 - ON PREVENT PROVISIONS OF THE

31:11 - CONSTITUTION THAT NO LONGER

31:13 - EXIST AT ALL OR HAVE BEEN

31:14 - FUNDAMENTALLY ALTERED BUT THE

31:16 - PROVISION THAT CHASE THAT STEVE

31:18 - THE

31:18 - LANCASTER CITY RESTED ON WHICH

31:20 - WAS AN AMENDMENT THAT WAS AN

31:22 - ACT IN 1864 FOR

31:24 - THE EXPRESS PURPOSE OF

31:25 - OVERTURNING THE CHASE DECISION

31:27 - AND LANCASTER CITY RATHER

31:29 - PUZZLING LEE

31:29 - I THINK DECIDED TO GIVE YOU

31:32 - THAT AMENDMENT WHICH HAVE THE

31:33 - PURPOSE AND EFFECT OF

31:34 - FIND FACE AS AS LIMITING THE

31:37 - LEGISLATURE'S POWER

31:40 - ALLOW OTHER GROUPS OF PEOPLE TO

31:42 - VOTE ABSENTEE BUT THAT

31:43 - PROVISION WAS REPEALED IN ITS

31:44 - ENTIRETY IN 1967 COINCIDENT

31:47 - WITH THE INTRODUCTION OF WHAT

31:48 - IS NOW

31:48 - ARTICLE 7 SECTION 14 AND IN

31:51 - ADDITION, NOT ONLY ARE THE

31:52 - CONSTITUTIONAL PROVISIONS VERY

31:53 - DIFFERENT. BUT THE SCHEMES A

31:55 - VOTING ISSUE ARE VERY

31:56 - DIFFERENT. I JUST IF I COULD

31:57 - PUT A POINT ON THIS.

31:59 - I MENTIONED THE INTRODUCTION OF

32:01 - REGISTRATION REQUIREMENTS,

32:03 - ESPECIALLY AS WE GET INTO THE

32:04 - 20TH CENTURY. THERE'S A

32:06 - DECISION BY THIS COURT WHICH IS

32:07 - EXCITED

32:07 - OUR PAPERS FROM 19 38 CALLED IN

32:10 - OR A GENERAL ELECTION CITY AND

32:12 - COUNTY OF PHILADELPHIA ON

32:13 - NOVEMBER 8TH 1938 THAT'S

32:15 - REPORTED TO A SECOND 3 OH ONE.

32:18 - AND AND THAT PIECE IS REALLY

32:21 - THE MURAL OPPOSITE OF CHASE IN

32:22 - SOME WAYS RIGHT. SHE SAID

32:24 - WE CAN'T VERIFY THE

32:26 - QUALIFICATIONS OF VOTERS IN

32:27 - LESS THEY SHOW UP IN PERSON TO

32:28 - THEIR NEIGHBORS CAN SAY.

32:30 - YES, THIS IS JOHN SMITH THERE

32:31 - NO IT'S NOT IN THE

32:33 - 1938 CASE, I'M SOMEONE WHO I

32:35 - THINK CHIEF PARTY OFFICIAL IN

32:37 - PHILADELPHIA.

32:39 - WAS GOING TO GO AND VOTE THERE

32:41 - WAS A PROBLEM HIS REGISTRATION

32:42 - PAPERS WERE IN ORDER. AND THE

32:45 - COURT THIS COURT SAID WELL THEN

32:47 - YOU

32:47 - CAN'T VOTE RIGHT IT DOESN'T

32:49 - MATTER THAT YOU'RE GOING TO GO

32:50 - AND VOTE IN PERSON AND EVERYONE

32:51 - COULD SAY YES I KNOW YOU'RE A

32:52 - PROMINENT LEADER IN THE

32:53 - COMMUNITY. YOU HAVEN'T COMPLIED

32:55 - WITH THE REGISTRATION

32:56 - REQUIREMENTS. AND YOU'VE GOT TO

32:58 - GO TO THE COURT OF COMMON PLEAS

32:59 - AND GET THAT SORTED OUT AND

33:00 - PROVE THAT YOU HAVE IN FACT

33:01 - REGISTER RIGHT SO WE'VE COME SO

33:04 - FAR FROM THAT

33:05 - THAT CONCERNS AND A MEETING

33:07 - CHASE BY THE TIME WE GET TO

33:09 - 1938. BUT THE COURT HAS

33:11 - REALIZED THAT

33:12 - WE VERIFY VOTER QUALIFICATIONS

33:15 - WELL IN WHEN SOMEONE ACTUALLY

33:17 - GOES TO THE POLLS AND CAST

33:19 - THEIR BALLOT. SO THAT'S THE

33:20 - BASIC EVEN IF YOU EVEN IF YOU

33:22 - PUT ASIDE THE A TEXTUAL NATURE

33:24 - OF CHASES CONSTRUCTION OF

33:26 - OFFERED

33:26 - A VOTE TOGETHER WITH SECTION 2

33:29 - EVEN TO PUT ASIDE ITS CONFLICT

33:31 - WITH THE LEGISLATIVE HISTORY OF

33:33 - 1838 CONSTITUTION, EVEN IF YOU

33:34 - ACCEPT, BUT THE CENTURY POLICY

33:36 - CONCERNS THAT ANIMATED

33:38 - THE COURT. YOU KNOW SHOULD BE

33:39 - GIVEN GIVEN WEIGHT THOSE POLICY

33:41 - CONCERNS ARE GONE CERTAINLY BY

33:43 - THE TIME YOU GET TO 1938

33:44 - AND NOW THE 21ST CENTURY WE

33:46 - HAVE A COMPUTERIZED

33:47 - REGISTRATION SYSTEM WE HAVE THE

33:48 - SURE SYSTEM WHICH IS A

33:50 - COMPUTERIZED DATABASE THAT

33:52 - CONTAINS THE REGISTRATION

33:53 - INFORMATION FOR ALL VOTERS IN

33:55 - THE COMMONWEALTH AND IT CAN

33:56 - BE ACCESSED BY ALL THE ELECTION

33:58 - OFFICIALS AND IT'S KEPT UP TO

33:59 - DATE AND ITS CONTEMPORANEOUS

34:02 - MISTER WHY THAT WAS BEFORE YOU

34:03 - CONCLUDE JUSTICE CARS AND

34:04 - TRYING TO ASK A QUESTION FOR

34:06 - ABOUT 20 MINUTES, I'M SORRY,

34:07 - I'M SORRY YOUR HONOR.

34:10 - >>IF WE WERE TO FIND MISTER

34:12 - WEIGEL THAT THERE'S AN

34:13 - AMBIGUITY.

34:14 - >>AND NOT OUR INTERPRETATION OF

34:16 - THE MADE A SHELL LANGUAGE OR

34:18 - ANY OTHER RESPECT WHAT WOULD

34:20 - YOU HAVE US DO.

34:21 - >>IF THERE IS AN AMBIGUITY I

34:23 - THINK THIS COURT'S PRECEDENT

34:24 - DID THE HONORS OF PAYING FOR

34:26 - THE FOR THE COURT AND STILL IS

34:27 - VERY CLEAR. IT'S THAT.

34:30 - >>ALL DOUBTS.

34:31 - >>AS TO THE CONSTITUTIONALITY

34:33 - OF THE STATUTE, HALF TO BE

34:34 - RESOLVED IN FAVOR OF THE

34:35 - GENERAL ASSEMBLY'S AUTHORITY

34:37 - AND I WOULD I WOULD SAY IF

34:39 - ANYTHING THAT THAT PRINCIPLE

34:40 - APPLIES MORE FOR US HERE

34:42 - BECAUSE THERE'S NO ALLEGATION

34:43 - THAT ACT 77 IS VIOLATING ANY

34:46 - INDIVIDUAL RIGHT IN SECTION ONE

34:48 - ARTICLE ONE OF THE

34:49 - CONSTITUTION. THERE'S NO

34:50 - ALLEGATION THAT IT IMPERILS THE

34:52 - SEPARATION OF HOURS BEYOND

34:54 - BETWEEN THE COORDINATE BRANCHES

34:55 - SO WE DON'T DISPUTE THAT IF

34:57 - THERE WERE A CLEAR PLAN AND

34:58 - PALPABLE PROHIBITION IT WOULD

35:00 - HAVE TO BE GIVEN A FACT BUT IF

35:02 - THIS COURT HAS ANY DOUBT ABOUT

35:03 - THAT THE PRECEDENT IS CLEAR AND

35:05 - THE STATUTE MUST BE UPHELD.

35:07 - >>CERTAIN IRONY IN THE FACT

35:09 - THAT 13 LEGISLATE TOURS ARE

35:11 - ATTACKING THE STATUTE.

35:13 - THAT THE PRESUMPTION THAT WHAT

35:15 - THEY DID WHEN THEY VOTED FOR IT

35:16 - IS CONSTITUTIONAL

35:18 - THEM SINCE SINCE HE LEFT THAT'S

35:20 - THE OTHER SIDE ABOUT THAT 2%.

35:22 - NOW

35:23 - I CAN I JUST FOLLOW IN

35:25 - LANCASTER WHICH I FRANKLY THINK

35:27 - INSIDE YOUR BIGGER PROBLEM THAN

35:29 - CHASE.

35:32 - THE LANCASTER CITY COURT IN

35:34 - FACT CONSIDERED SECTION 4.

35:38 - IN RENDERING ITS DECISION.

35:40 - AND ESSENTIALLY

35:41 - SAID YEAH WE SEE WE SEE SECTION

35:43 - 4 WHICH ALLOWS THE GENERAL

35:45 - ASSEMBLY TO 5.

35:48 - WE CONTROLLED THE METHOD DOT BY

35:51 - WHICH.

35:57 - WHATEVER THEY DO AND YOU THAT

35:58 - SECTION IS SUBORDINATE TO.

36:01 - THE COURT HOLDING IN CHASE THAT

36:04 - INTERPRETED OFFER TO VOTE.

36:06 - NOW GRANTED. THERE'S NO

36:08 - DISCUSSION WHY THAT WOULD BE

36:10 - SO. BUT HI HI

36:12 - TO YOU HOW DO YOU RECONCILE THE

36:14 - FACT THAT WHAT YOU'RE ARGUING

36:16 - NOW THAT WELL IN CASE YOU

36:18 - DIDN'T HAVE ARTICLE 4 AND THAT

36:19 - MAKES A DIFFERENCE WHEN

36:20 - LANCASTER CITY. IT WAS SECTION

36:22 - 4.

36:25 - THE SUBORDINATED DEBT. 2

36:28 - SECTION ONE.

36:29 - >>YEAH I I CAN TO RESPONSE TO

36:31 - THAT FIRST WITH RESPECT TO

36:32 - SECTION 4 IT'S TRUE THAT THE

36:34 - LANCASTER CITY COURT

36:35 - ACKNOWLEDGED THE EXISTENCE OF

36:37 - THAT SECTION. I'M NOT SURE I

36:39 - WOULD GO SO FAR AS TO SAY THAT

36:40 - THEY MADE A CONSCIOUS DECISION

36:42 - THAT IT SHOULD BE SUBORDINATE

36:43 - CLEARLY THEY THEY DID SUPPORT

36:45 - AN AD AS A MATTER OF FACT,

36:46 - BUT THERE WAS NO ANALYSIS RIGHT

36:48 - THERE WAS NO ANALYSIS OF

36:50 - HOW SHEA SAYS

36:52 - CONSTRUCTION OF ARTICLE ONE AND

36:55 - ARTICLE 2 TO GATHER

36:56 - COULD BE RECONCILED WITH THE

36:58 - FACT THAT ARTICLE TO ARTICLE 2

37:00 - OF 1838 CONSTITUTION HAD BEEN

37:01 - COMPLETELY TRANSFORMED.

37:03 - >>THEY SAY CONSIDER IT, BUT

37:04 - YOU'RE RIGHT THERE'S NO

37:05 - ANALYSIS BUT THAT WOULD

37:06 - GO TO WHETHER OR NOT OR WHAT IF

37:10 - ANY STARTED TO SAY SEES THE

37:11 - FACT IS GIVEN TO

37:14 - HOLDING SUCH AS THIS ONE THERE

37:15 - IS NO ANALYSIS.

37:16 - >>WE ARE THAT THE COURT CAN

37:18 - CERTAINLY CHOOSE TO SEE IT THAT

37:19 - WAY I THINK HERE BUT I THINK

37:21 - THAT THERE IS ALSO PRECEDENT

37:22 - THAT STANDS FOR THE PROPOSITION

37:23 - THAT WHERE THERE IS

37:24 - A POINT THAT IS SIMPLY NOT

37:26 - ADDRESSED BY THE COURT IN D

37:28 - THERE'S NO EVIDENCE THAT IT WAS

37:29 - EVER ARGUED IN AN ADVERSARIAL

37:30 - FASHION BEFORE THE COURT.

37:32 - I DON'T I SAY THAT I MEAN THEY

37:34 - THE OPINION SETS OUT FURTHER IT

37:36 - IS PROVIDED BY SECTION 4.

37:39 - >>COLON AND THEN YOU HAD

37:40 - SECTION 4 IN THE NEXT SENTENCE

37:42 - IS IT WILL BE NOTICED THAT THE

37:44 - OFFER DEVOTE MUCH STILL ME IN

37:46 - THE DISTRICT WHERE THE ELECTOR

37:47 - RESIDES AND THEN IT GOES ON TO

37:49 - SAY AND SLINGS ELOQUENTLY

37:50 - DISCUSSED BY.

37:51 - >>JUSTICE WOODWARD IN CHASE WE

37:53 - GO THROUGH THE AFTER THE VOTE

37:55 - LANGUAGE. I MEAN.

37:57 - >>THERE'S

37:58 - NO I'VE I'M CONNECTING FOX

38:00 - PROCESS BETWEEN THOSE 2 THINGS

38:02 - BUT.

38:03 - I MEAN TO SAY THEY DIDN'T

38:04 - CONSIDER IT WOULD I'VE PROBABLY

38:07 - UNFAIR TO.

38:08 - >>AT LEAST WAIT PIERS

38:10 - AND PAPER.

38:10 - >>WE'VE EVEN ADDRESSED THE

38:11 - SECOND PLAYER, MAYBE THIS WILL

38:13 - BE MORE RESPONSIVE BECAUSE

38:14 - AGAIN I THINK THE

38:14 - QUESTION IS WHETHER THIS SHOULD

38:17 - VIEW THAT DECISION UNDER THE

38:19 - 1874 CONSTITUTION TO CONTROL

38:22 - THE ISSUE BEFORE THE COURT NOW

38:23 - WITH RESPECT TO ACT 77 IN THE

38:25 - 1960 CONSTITUTE AN END TO THE

38:27 - QUESTION WHY WHY WOULDN'T WE

38:29 - WELL NOT ONLY DO WE HAVE A

38:30 - PROBLEM WITH THAT COMPLETE LACK

38:32 - OF ANALYSIS. BUT WE ALSO HAVE

38:33 - THE FACT THAT CHIEFS TO THE

38:35 - LANCASTER CITY. I THINK IN THE

38:36 - END FOR ALL OF THE BLOCK

38:37 - PUTTING IN DISCUSSION AND

38:39 - PRAISE OF JUSTICE WOODWARD'S

38:40 - DECISION IN CHASE

38:41 - IN THE END I READ THAT OPINION

38:43 - HAS RESTING ON THE 1864

38:46 - AMENDMENT AND THE COURT APPLIED

38:48 - THE CANON OF THIS PRESS ILLNESS

38:49 - RIGHT IT SAID TO 64 THE

38:52 - PERMISSION. FOR THE LEGISLATURE

38:55 - TO ALLOW SOLDIERS TO VOTE

38:56 - IT DIDN'T ADDRESS OTHER PEOPLE

38:58 - SO WE THINK THAT'S AN IMPLICIT

39:00 - PROHIBITION ON ALLOWING OTHER

39:01 - PEOPLE TO VOTE THAT WAS THAT

39:03 - WAS INSOFAR AS THERE IS A

39:04 - LOGICAL RATIONAL THE DECISION I

39:05 - THINK THAT'S IT AND AS I

39:07 - MENTIONED THAT

39:09 - AMENDMENT I THINK THAT'S AGAIN

39:11 - PUZZLING WAY READING THAT

39:12 - AMENDMENT GIVEN THAT IT'S THE

39:13 - PURPOSE WAS TO OVER WILL CHASE

39:15 - PUTTING THAT ASIDE

39:16 - THAT AMENDMENT WAS REPEALED IN

39:17 - ITS ENTIRETY IN 1967 AND WHAT

39:20 - TOOK ITS PLACE IS WHAT IS NOW

39:22 - NOW SECTION 14 WHICH AGAIN

39:24 - MANDATES DOES NOT IT IT

39:26 - MANDATES THE LEGISLATURE

39:28 - TO ALLOW CERTAIN PEOPLE TO VOTE

39:29 - EXPRESSED TO ME IS CANNON

39:31 - THAT LOGIC. IT DOESN'T APPLY IN

39:33 - THE SAME WAY THEIR RIGHT TO

39:34 - EXPRESS UNI US

39:35 - LOGIC IF APPLIED TO WHAT IS NOW

39:38 - ARTICLE 14 WOULD JUST MEAN THAT

39:39 - THE LEGISLATURE

39:40 - ISN'T REQUIRED TO ALLOW ANYONE

39:43 - ELSE TO VOTE, BUT IT DOESN'T

39:44 - SAY ANYTHING ABOUT WHETHER THEY

39:45 - ARE PERMITTED TO ALLOW OTHERS

39:48 - TO VOTE BY MAIL.

39:49 - >>AND LET ME LET ME FOLLOW UP

39:50 - ON AT THE THE PEOPLE

39:53 - WHO VOTE BY MAIL OR NOT

39:54 - ABSENTEE VOTERS. ROW.

39:58 - THAT'S RIGHT YOUR HONOR TO BE

40:00 - THE MAIN FACT THE MOST IN FACT

40:02 - ARE.

40:04 - LIKELY IN THE DISTRICT ON

40:06 - ELECTION DAY.

40:07 - SO I YOU KNOW IT'S HARD FOR ME

40:10 - TO GRAPPLE WITH THE CONCEPT

40:11 - THAT THAT SECTION OF THE

40:13 - CONSTITUTION DEALS WITH WE

40:17 - VOTERS WHO ARE NOT.

40:19 - ABSENTEES WHO ARE NOT ABSENT

40:21 - FROM THE DISTRICT.

40:22 - >>I THINK THAT'S A VERY

40:23 - IMPORTANT POINT I THINK

40:24 - THEREFORE EVEN IF YOU WERE TO

40:26 - CONCLUDE THAT. EVEN WITH THE

40:29 - CHANGE TO MAKE A SHELL

40:31 - ARTICLE 14 WAS NECESSARILY A

40:33 - CEILING ON WHO COULD VOTE

40:34 - ABSENTEE WHICH AGAIN I DON'T

40:35 - THINK IT'S A DEFENSIBLE

40:36 - POSITION IT

40:37 - WOULD NOT SPEAK TO PEOPLE WHO

40:38 - AREN'T VOTING ABSENTEE AND I

40:40 - THINK THAT JUDGE WILL JUST MAKE

40:41 - THIS POINT IN

40:42 - HIS DISSENT AND IT'S IMPORTANT

40:44 - ONE AND I THINK I WOULD JUST

40:45 - UNDERSCORE IT PARTICULARLY

40:47 - GIVEN THAT FOR THE ENTIRE LIFE

40:49 - OF THE CURRENT CONSTITUTION.

40:51 - ANYONE WHO'S ON VACATION.

40:52 - I CAN VOTE ABSENTEE RIGHT THAT

40:54 - BASICALLY MEANS I MEAN MAYBE

40:56 - I'M MISSING SOMETHING BUT I

40:56 - THINK THAT MEANS ESSENTIALLY

40:57 - ANYONE WHO'S OUT OF TOWN.

40:59 - YOU CAN VOTE ABSENTEE YOU'RE

41:00 - EITHER YOU KNOW OUT OF TOWN

41:01 - FOR WORK OR SOME DUTY NECESSITY

41:03 - WHERE YOU CAN ARGUE YOU'RE ON

41:04 - VACATION. AND SO THE ONLY

41:07 - PEOPLE WHO COULDN'T VOTE BY

41:08 - MAIL WOULD BE PEOPLE WHO WERE

41:10 - STILL AT HOME IN THEIR ELECTION

41:11 - DISTRICT AND AT 77

41:14 - CORRECTED THAT BALANCE I THINK

41:16 - THAT'S THE ONE WAY ONE CAN

41:17 - CERTAINLY LOOK AT IT. BUT BUT I

41:19 - AGREE WITH YOUR HONOR THAT

41:20 - AT 70 SEVENS CERTAINLY THE THE

41:22 - PRIMARY EFFECT OF THAT STATUTE

41:24 - WAS NOT

41:25 - ANYTHING TO DO WITH ABSENTEE

41:27 - VOTER AT ALL I HAD TO DO WITH

41:28 - HOW PEOPLE. MOST OF WHOM WERE

41:30 - VOTING FROM THE COMFORT IN

41:32 - SEEING DOESN'T AT HOME BE TO

41:33 - CORRECT IN ANY IMBALANCE RIGHT

41:35 - MEAN THAT YOUR POSITION IS THE

41:36 - LEGISLATURE HAS PLENARY

41:38 - AUTHORITY.

41:39 - >>CORRECT WE THINK THE

41:40 - LEGISLATURE WE THINK THE

41:42 - LEGISLATURE ALWAYS HAVE THE

41:43 - AUTHORITY TO DO THIS.

41:45 - NOT WITHSTANDING

41:46 - THE DECISIONS AND IN CHASE IN

41:47 - LANCASTER CITY BECAUSE OF

41:48 - PROBLEMS WITH THOSE WHO

41:50 - CERTAINLY DOESN'T THEY THOUGHT

41:52 - THEY DID TO THEY DIDN'T EXACTLY

41:54 - YOUR HONOR IS AND INDEED AN

41:56 - OVERWHELMING MAJORITY OF THE

41:58 - LEGISLATURE AND THAT DID ACT 77

42:00 - INCLUDING MOST OF THE

42:02 - PETITIONERS BEFORE THIS COURT

42:04 - RIGHT AND SO THE ONLY INFERENCE

42:06 - THIS COURT CAN DRAW FROM THAT

42:08 - IS THAT THE LEGISLATURE THOUGHT

42:09 - IN 2019 THAT IT HAD THE POWER

42:12 - TO DO WELL I'M NOT SURE YOU

42:15 - CAN DRAW.

42:16 - >>THAT INFERENCE THAT THERE IS

42:17 - PRECEDENT THAT SAYS THAT I I'D

42:19 - BE INTERESTED TO SEE IT, BUT

42:20 - YOU KNOW, I'M NOT

42:22 - YOUR ARGUMENT SEEMS TO BE IF

42:23 - IT'S A POPULAR UNANIMOUS.

42:26 - >>LAWN.

42:27 - >>IT WITHSTANDS HAS A BETTER

42:28 - CHANCE OF WITHSTANDING

42:29 - CONSTITUTIONAL SCRUTINY AND

42:31 - THIS COURT. RECENTLY FOUND

42:34 - UNCONSTITUTIONAL MARSY'S LAW

42:36 - WHICH WAS VOTED BY A MAJORITY

42:38 - OF AS AN AMENDMENT TO THE

42:40 - CONSTITUTION SO I'M NOT

42:42 - SURE WHY OVERWHELMING SUPPORT

42:45 - BY THE LEGISLATURE DOES IT

42:46 - DESERVE SOME SORT OF DIFFERENCE

42:47 - IN TERMS OF OUR CONSTITUTIONAL

42:49 - ANALYSIS AND YOU'RE NOT

42:50 - SUGGESTING I'M NOT YOUR HONOR

42:52 - AND IF THAT'S HOW IT CAME

42:53 - ACROSS I WANT TO CORRECT THE

42:54 - RECORD I'VE THE POPULARITY OF

42:56 - THE POLICY.

42:58 - >>OR THE WISDOM OF THE POLICY

42:59 - OR ITS LACK OF WISDOM FOR THAT

43:01 - MATTER HAVE NOTHING TO DO WITH

43:02 - THE CONSTITUTIONAL QUESTION

43:04 - BEFORE THE OTHER HAND WHAT OUR

43:06 - LEGISLATURE DIAZ AND THE FIRST

43:08 - INTEREST INSTANCE IS ENTITLED

43:10 - TO OUR RECOGNITION

43:12 - AS PRESUMPTIVELY

43:14 - CONSTITUTIONAL ABSOLUTELY ARE

43:16 - HONORING THE AND THE POINT TO

43:17 - RETURN TO THE POINT I WAS

43:18 - MAKING NOT THAT IT WAS POPULAR.

43:20 - ABSOLUTELY AND TO RETURN TO

43:22 - TAKE JUST A PROPER POINT I WAS

43:24 - I WAS REALLY ADDRESSING

43:25 - ARGUMENT ON THE OTHER SIDE.

43:27 - >>WHICH IS THAT THERE WAS

43:29 - DISCUSSION IN 2019 ALSO ABOUT A

43:31 - POSSIBLE CONSTITUTIONAL

43:33 - AMENDMENT AND THAT THAT IN AND

43:34 - OF ITSELF SHOULD SOMEHOW GIVE

43:36 - WEIGHT TO THE NOTION THAT IT

43:37 - WAS REQUIRED WE OBVIOUSLY THE

43:39 - GENERAL ASSEMBLY ULTIMATELY TO

43:40 - A DIFFERENT CONCLUSION.

43:43 - YOUR HONOR IF I MAY JUST JUMP

43:44 - TO

43:46 - I WANT TO RETURN TO JUSTICE

43:47 - TODD OPINION FOR THE COURT AND

43:48 - STILL BECAUSE I THINK THAT'S

43:50 - REALLY IN TERMS OF THE STANDARD

43:51 - THIS COURT TO APPLY SHOULD

43:53 - APPLY. THE MOST IMPORTANT

43:55 - PRECEDENT AND THE COURT THERE

43:56 - SAID THE CONSTITUTION HAS GIVEN

43:58 - US A LIST OF THE THINGS WHICH

43:59 - THE LEGISLATURE MAY NOT DO IF

44:01 - WE EXTEND THAT LIST WE ALTER

44:03 - THE INSTRUMENT WE BECOME

44:05 - OURSELVES

44:05 - THE AGGRESSORS AND VIOLATE BOTH

44:07 - THE LETTER AND SPIRIT OF THE

44:08 - ORGANIC LAW IS GROSSLY AS A

44:10 - LEGISLATURE POSSIBLY COULD

44:11 - I RESPECTFULLY SUBMIT

44:12 - PETITIONERS HERE ARE ASKING

44:14 - THIS COURT TO EXTEND THAT LIST

44:16 - AND TO DO SO BY TAKING AWAY

44:17 - PENNSYLVANIA AND STATUTORY

44:19 - VOTING RIGHTS AND APPELLANTS

44:20 - RESPECTFULLY REQUEST THAT THE

44:22 - PETITIONS FOR REVIEW BE

44:24 - DISMISSED AND THAT THE

44:25 - COMMONWEALTH COURT'S DECISION

44:26 - WILL BE REVERSED OR VACATED.

44:28 - THANK YOU. THANK YOU VERY MUCH.

44:33 - >>MY RECOLLECTION ISSUE HERE

44:35 - SOME YEARS AGO

44:36 - NO VOTING RIGHTS YOU HAVE A

44:38 - GOOD RECOLLECTION WAS NICE TO

44:40 - SEE YOU AND YOU KNOW I HAVE TO

44:41 - SAY THAT HAVE HAVEN'T COME BACK

44:43 - NOW AFTER

44:43 - SEVERAL YEARS.

44:45 - >>THIS COURTROOM IS JUST AS

44:46 - AMAZED QUICKLY OPPRESSIVE AS IT

44:48 - SEEMED TO ME WHEN I WAS

44:50 - CONSIDERABLY YOUNGER. IT'S AN

44:52 - HONOR TO BE HERE AND I DO HAVE

44:54 - WITH THE COUNSEL TABLE. MISTER

44:56 - CLIFF LIVE ONLINE. AND MY

44:58 - PARTNER DANIEL FULL CHALK.

45:01 - I'M VERY MINDFUL. CHIEF JUSTICE

45:03 - PAIR OF THE ADMONITION THAT I'M

45:05 - NOT

45:05 - TO TREAD. PRIOR GROUND AND I OF

45:08 - COURSE WELCOME AN ADMONITION IF

45:10 - I DO APPEAR TO BE SAYING

45:13 - ANYTHING. THAT BEARS ON WHAT

45:16 - MISTER

45:16 - WEIGEL SAID AS HE INDICATED MY

45:20 - WHEN I WE HAD DECIDED IN AN

45:23 - EFFORT NOT

45:24 - TO IT. REPEAT EACH OTHER FOR ME

45:27 - NOT TO REPEAT HIM IS THAT.

45:29 - I WOULD ARGUE I WOULD EXPLAIN

45:31 - TO THE COURT WHY

45:33 - IF CHASE AND OR LANCASTER CITY

45:37 - CANNOT BE DISTINGUISHED THEY

45:39 - SHOULD BE OVERRULED ITS.

45:41 - MANY OF THE REASONS WHY THEY

45:43 - SHOULD BE DISTINGUISHED AND

45:45 - YOU KNOW ARE THE SAME REASONS

45:46 - WHY THEY SHOULDN'T BE GIVEN

45:47 - STARRY DECISIS PRECEDENT SO I

45:49 - APOLOGIZE IN ADVANCE IF IT

45:51 - APPEARS THAT I'M.

45:53 - INCHING OVER GROUND THAT WAS

45:54 - ALREADY COVERED I ALSO WILL

45:57 - ADDRESS VERY BRIEFLY THE CLAIMS

45:59 - OF FEDERAL LAW UNCONSTITUTIONAL

46:00 - IT AND I OF COURSE WOULD BE

46:02 - HAPPY TO ANSWER ANY QUESTIONS

46:03 - THAT THE COURT HAS. I MEAN.

46:08 - IF

46:09 - CHASE AND

46:10 - FOR LANCASTER CITY DO SOMEHOW

46:13 - CONTROL THIS CASE THE OUTCOME

46:15 - OF THIS CASE AND WE

46:17 - I COULD NOT AGREE MORE THAT

46:18 - THEY WERE INTERPRETING

46:19 - EXTRAORDINARILY DIFFERENT

46:21 - CONSTITUTIONS AND AN

46:23 - EXTRAORDINARY AND

46:24 - EXTRAORDINARILY DIFFERENT

46:25 - METHODS OF VOTING THAT WAS AN

46:27 - ISSUE IN EITHER OF THOSE CASES.

46:29 - IF YOU NONETHELESS CONCLUDE

46:31 - THAT THEY CAN BE DISTINGUISHED

46:32 - AND THEY CERTAINLY SHOULD BE

46:33 - OVERRULED I MEAN

46:36 - THE REASONING I WILL TALK ABOUT

46:38 - THE RELIANCE INTERESTS, WHICH

46:39 - OF COURSE IS AN IMPORTANT

46:40 - CONSIDERATION AND ALSO

46:42 - MENTIONED THE FACT THAT THERE

46:43 - IS A NON SEVERABILITY PROVISION

46:45 - IN ARTICLE 72ND AT 77,

46:48 - WHICH MEANS WITH WHICH WAS A

46:50 - VERY WIDE RANGING LAW THAT MADE

46:53 - THAT ENACTED MANY MANY CHANGES

46:55 - IN THE ELECTION CODE INCLUDING

46:57 - THE PROHIBITION OF YOU KNOW

46:58 - BLOCK PARTY VOTING. ALL OF THAT

47:02 - WOULD HAVE TO BE STRUCK DOWN.

47:03 - I'LL ADDRESS THOSE SORT OF NON

47:05 - SUBSTANTIVE REASONS WHY THEY

47:07 - SHOULD BE OVERRULED IF THEY

47:08 - OTHERWISE WOULD PRECLUDE

47:10 - REVERSAL. BUT BUT THAT THE MAIN

47:12 - POINT I THINK IS THAT

47:14 - THE REASONING IN BOTH OPINIONS

47:16 - WAS WEAK

47:17 - AND WATER LEON PERSUASIVE IN

47:20 - LIGHT OF DEVELOPMENTS BOTH

47:22 - CONSTITUTIONAL AND STATUTORY

47:24 - OVER THE INTERVENING 100 OR 150

47:27 - YEARS. AS TO CHASE.

47:32 - THE RELEVANT PASSAGE IN CHASE

47:34 - ABOUT OFF WHAT THE MEANING OF

47:36 - OFFERED TO VOTE BY BALLOT MUST

47:38 - HAVE MET IN

47:40 - 1938 IS PLAINLY DIPPED IN THAT

47:42 - OPINION THE OPINION GOES ON

47:44 - THAT GOES ON FOR 7 PAGES TO

47:48 - EXPLAIN WHY.

47:51 - SORT OF WRONG.

47:53 - SESSION

47:54 - BY WHICH COMMANDERS SOMEPLACE

47:57 - IN THE UNITED STATES HAD

47:59 - A NO AUTHORITY TO ESTABLISH A

48:01 - DISTRICT BE NO MEANS OF

48:04 - PROVIDING ANY SORT OF CIVIL

48:06 - AUTHORITY OVER THAT CONDUCT OF

48:08 - THE ELECTION.

48:10 - NO MEANS WHATSOEVER TO

48:11 - ASCERTAIN WHETHER THE SOLDIERS

48:13 - WHO WERE VOTING. WE'RE

48:15 - IN FACT RESIDENTS IN

48:17 - WHATEVER DISTRICT THEY WERE

48:18 - PURPORTING TO VOTE OR EVEN

48:20 - WHETHER THEY WERE

48:20 - PENNSYLVANIA NEWS AND THAT WAS

48:23 - THE HOLDING OF THE COURT IN

48:24 - CHASE NOW THE COURT AND CHASE

48:26 - DID. CONSTRUE

48:30 - THE WORDS. OFFERED A VOTE

48:33 - BY BALLOT. IN A

48:36 - WAY THAT. FIRST

48:39 - OF ALL AS THE

48:40 - STATE'S BREE SHOWS AND THE

48:42 - REPLY BRIEF AND THERE, THERE'S

48:44 - DOESN'T SEEM TO BE ANY CITATION

48:46 - TO THE CONTRARY BY THE OTHER

48:47 - SIDE. THE HISTORY OF THE

48:49 - 1838 CONSTITUTION. AND WHAT

48:52 - THIS PROVISION WAS INTENDED TO

48:54 - DO WE HAD 0 THERE'S NOT

48:58 - ONE INCH READ OF ANY

49:00 - EVIDENCE WHATSOEVER THAT IT HAD

49:02 - ANYTHING TO

49:02 - DO WITH ABSENTEE VOTING THAT IS

49:05 - VOTING BY SOMEBODY WHO

49:07 - COOL WAS A RESIDENT OF THE

49:10 - DISTRICT IN WHICH HE WAS

49:12 - OFFERING TO VOTE, BUT WASN'T

49:13 - THERE IN PERSON NOW I KNOWLEDGE

49:16 - THE CHIEF JUSTICE WOODWARD FOR

49:17 - THE COURT

49:19 - CONSTRUE THAT CONSTRUED TO MEAN

49:21 - THAT WAY BUT IT IS A WRONG

49:23 - WHICH IS A DARNED GOOD REASON

49:25 - TO OVERRULE IT IF YOU

49:26 - HAVE TO BUT IN ANY EVENT AND

49:28 - NOT THEY'LL SAY THE SAME THING

49:29 - IS TRUE FOR LANCASTER CITY WILL

49:31 - TELL ADDRESSED SEPARATELY IN A

49:32 - MOMENT EVERY SINGLE.

49:37 - BEHIND THE REASONING OF THE

49:39 - CHASE COURT FOR CONSTRUE ING

49:42 - THE TERMS OFFERED A VOTE

49:44 - BY BALLOT. WE HAVE EVAPORATED

49:48 - THEY NO LONGER EXIST. NUMBER

49:51 - ONE.

49:52 - THE LEGISLATURE HAS OF 19 OH

49:55 - ONE IS.

49:58 - SPECIFICALLY AUTHORIZED

50:01 - TO PROVIDE METHODS OF VOTING

50:04 - OTHER THAN PERSONAL PRESENTMENT

50:06 - OF A BALLOT IN THE DISTRICT.

50:09 - NUMBER 2. THE PREDICATE OF.

50:13 - CHASE WAS I MEAN THE

50:15 - COURT SAID AND

50:17 - I'M QUOTING WE CANNOT BE

50:19 - PERSUADED THAT THE CONSTITUTION

50:21 - EVER CONTEMPLATED ANY SUCH

50:23 - MOTIVE VOTING. SUCH THAT TO

50:25 - PERMIT IT WOULD BREAK DOWN ALL

50:27 - SAFEGUARDS OF HONEST SUFFRAGE.

50:31 - THAT PROVISION THAT

50:33 - IS THAT THERE WAS IT WAS

50:34 - NECESSARY IN ORDER TO DETERMINE

50:38 - WITH THAT THE PERSON. THE

50:40 - WHITE FREEMEN WHO

50:42 - PRESENTED AS ELIGIBLE TO VOTE

50:44 - WAS IN FACT A

50:46 - WHITE FREEMEN AND WAS

50:48 - IN FACT RECOGNIZED BY HIS

50:50 - NEIGHBORS AS A RESIDENT OF THAT

50:52 - DISTRICT. THAT IS NOW A

50:54 - COMPLETE ANACHRONISM TO THE

50:56 - POINT.

50:59 - YOU KNOW THAT THE

51:00 - CITY OF PHILADELPHIA GENERAL

51:02 - ELECTION CASE THAT MY FRIEND

51:03 - CITED TO THE COURT

51:05 - AS IS NOW A 1938 HOLDING BY

51:08 - THIS COURT WITH THAT

51:10 - THE METHOD IN TERMS OF THE

51:12 - METHOD OF VOTING BY BALLOT

51:14 - INTERPRETED BY CHASE. WHAT IS

51:17 - ACTUALLY NOT. PERMITS PERMITTED

51:20 - METHOD OF VOTING. BUT THE THE

51:23 - CHAIR OF THE LOCAL REPUBLICAN

51:25 - PARTY SHOWED OFF IN HE IS

51:27 - POLLING PLACE IN PHILADELPHIA,

51:30 - WELL KNOWN TO EVERYBODY THERE.

51:32 - AND HE WAS TOLD. YOU KNOW UNDER

51:35 - THE 1937

51:37 - ELECTION CODE

51:39 - WHICH IMPLEMENTED A UNIVERSAL

51:42 - MANDATORY REGISTRATION SYSTEM

51:44 - WHICH WAS CONSTITUTIONALLY

51:47 - AUTHORIZED BY THAT

51:49 - 19. WELL

51:51 - ONE CONSTITUTIONS EDITION OF

51:54 - THE WRECKED REQUIREMENT OF A

51:55 - REGISTRATION

51:56 - SYSTEM IN. SECOND WHAT IS NOW

51:59 - SECTION ONE OF ARTICLE 7 IT

52:01 - SELLS. WE

52:03 - RECOGNIZE YOU, WE KNOW WHO YOU

52:05 - ARE WE KNOW YOU LIVE HERE, YOU

52:07 - CANNOT VOTE. YOU HAVE PRESENTED

52:10 - YOURSELF ABSOLUTELY IN THE WAY

52:11 - THAT CHASE INDEED IT

52:13 - DOES SAID, YOU ARE

52:15 - REQUIRED TO. BUT YOU CAN'T VOTE

52:17 - BECAUSE WE DON'T HAVE

52:18 - EVIDENCE OF YOUR REGISTRATION,

52:20 - YOU KNOW THAT IN OFF OF THE

52:21 - COURT DID AND I READ THAT CASE

52:23 - BUT THEN TAKING YOUR

52:24 - REPRESENTATION IS WHAT IT SAYS

52:25 - THEY DIDN'T SAY YOU CAN GO HOME

52:27 - AND VOTE

52:27 - BY MAIL.

52:28 - >>WE FACED A STIFF THE IT THAT

52:31 - DECISION TO THE SOUTH CONTRARY

52:32 - TO CHASING ALL CHASE SAYS.

52:35 - SHE SAYS YOU HAVE TO SHOW UP

52:37 - AT THE BALLOT IN THE DISTRICT

52:38 - WHERE YOU OFFER

52:39 - TO VOTE THAT VOTER DID THE ONLY

52:41 - REASON WAS THEY WEREN'T ALLOWED

52:42 - TO CAST THEIR BALLOT CONSENSUS

52:43 - FOR SOME OF THE REGISTRATION

52:44 - COUNT OR A STATION PROCESS BUT

52:46 - DIDN'T SAY YOU CAN VOTE BY SOME

52:48 - OTHER METHOD.

52:49 - >>WELL I'M NOT THAT YOU AND I

52:51 - PROBABLY I APOLOGIZE FOR THE

52:53 - FACT THAT NEITHER OF US

52:54 - ACTUALLY CITED THIS CASE.

52:57 - IN OUR BRIEFING IN THE CASE I

52:58 - CAME ACROSS IT IN PREPARING FOR

53:00 - THE ARGUMENT TODAY, BUT OF

53:02 - COURSE IT DIDN'T INVOLVE THIS

53:04 - THIS. THIS

53:05 - THE VOTER THE FOR THE THE

53:07 - PERSON WHO HAD BEEN OFFERING TO

53:09 - VOTE WAS NOT SAYING. I

53:11 - WANT TO ALL GO HOME AND VOTE BY

53:13 - MAIL OR SOMETHING LIKE THAT

53:14 - WHERE WAS TURNED AWAY. THEY

53:16 - WEREN'T HE WASN'T TURNED AWAY

53:17 - BECAUSE THIS THIS IS EXACTLY

53:19 - THE POINT THIS IS EXACTLY MY

53:21 - POINT IN CHASE.

53:23 - >>THE COURT SAID

53:24 - LOOK WE THINK OFFERED A VOTE BY

53:26 - BALLOT HAS TO BE READ THIS WAY

53:29 - BECAUSE

53:30 - 2 THINGS ARE REQUIRED IN ORDER

53:32 - TO BE ABLE TO VOTE ONE.

53:33 - YOU HAVE TO BE ABLE TO HAVE TO

53:35 - BE SOMEBODY WHO'S QUALIFIED TO

53:37 - VOTE.

53:38 - AND THAT'S IN FACT THE TITLE

53:40 - WHAT. THE RELEVANT

53:42 - SECTION OF WHAT WAS THEN

53:44 - ARTICLE

53:44 - 3 OF THAT OF THE CONSTANT THE

53:47 - 1838, I'M SORRY. NO DIED, I'M

53:49 - SORRY I JUST I THOUGHT MAYBE I

53:51 - WAS GETTING A LITTLE SIDELINE

53:52 - FIGHT IN MY ANSWER TO JUSTICE

53:55 - BROBSON THE POINT IS THAT WHAT

53:58 - THE COURT SAID IN CHASE.

54:03 - PERMIT INDIVIDUALS TO

54:04 - EVOKE ALL WHERE

54:06 - EVIDENCE OF THEIR

54:07 - QUALIFICATIONS IS NOT IT CAN

54:09 - THEREFORE THEY MUST

54:11 - PRESENT THEMSELVES IN PERSON SO

54:13 - THAT THEY CAN BE RECOGNIZED BY

54:15 - THEIR NEIGHBORS.

54:16 - NOW AND AT LEAST SINCE THE

54:20 - 1937 ELECTION CODE

54:22 - REGISTRATION REQUIREMENT,

54:24 - AUTHORIZED BY ARTICLE 7 OF THE

54:26 - CONSTITUTION SINCE

54:28 - 19 OH ONE QUALIFICATIONS THE

54:31 - QUALIFICATIONS ARE COMPLETELY

54:33 - DECOUPLED AND THAT'S THE IMPORT

54:36 - OF THE 1938 DECISION THE 1938

54:39 - DECISION BASICALLY THE GUY WAS

54:40 - BASICALLY SAYING,

54:41 - I'M SHOWING UP TO VOTE JUST THE

54:43 - WAY THE CHASE SAID THAT I CAN

54:44 - VOTE AND THE COURT SAID NO NO

54:46 - NO. THERE ARE 2 THINGS THEIR

54:48 - QUALIFICATIONS AND

54:50 - THERE'S IDENTIFICATION. THE

54:52 - QUALIFICATIONS ARE FOR THE

54:54 - REGISTRATION SYSTEM AND IF YOU

54:55 - AREN'T REGISTERED,

54:56 - YOU CAN'T SHOW UP EVEN IF THE

54:58 - THE POLL, THE POLL OFFICIALS.

55:01 - >>RECOGNIZE YOU AND IDENTIFY

55:03 - YOU AS THEIR NEXT DOOR

55:04 - NEIGHBOR. AND.

55:07 - >>THEY THEREFORE JUST IT.

55:09 - TO GET BACK

55:13 - WE DO THAT I THINK

55:14 - THIS IS DOCTOR T OH I'M SORRY

55:15 - THAT'S RIGHT JUSTICE DAUGHERTY

55:16 - AND I'M TRYING TO.

55:19 - >>I UNDERSTAND THE SIGNIFICANCE

55:21 - OF 38 WITH CHASE. AS A FORMER

55:24 - PHILADELPHIA JUDGE THAT CASE.

55:28 - TO ME DEVELOP THE PROCESS.

55:30 - FOR THE COURT OF COMMON PLEAS

55:32 - TO SIT ON ELECTION DAY TO

55:34 - ENTERTAIN.

55:36 - ANY CHALLENGES TO ONE'S

55:38 - QUALIFICATION AND THAT WOULD

55:40 - BE IT REALLY IT'S THE PROCESS.

55:44 - AND IT WAS SPECIFICALLY

55:45 - INCLUDED FOR PHILADELPHIA, ONLY

55:46 - AND NOT TO DO.

55:48 - WITH THAT CHALLENGING

55:50 - THE QUALIFICATIONS TO GET WHAT

55:52 - WE NOW CALL A PROVISIONAL

55:53 - BALLOT. HOW WAS THAT.

55:56 - HOW WAS THAT IN AGREEMENT OR IT

55:59 - COULD CONTRADICT THING. CHASES

56:02 - REQUEST THAT YOU HAVE TO VOTE

56:03 - IN PERSON AS WRIGHT WAS TO

56:04 - APPEAR IN PERSON TO PROVE

56:07 - YOUR QUALIFICATIONS BY A COURT

56:08 - OF COMMON PLEAS.

56:10 - >>SO I THINK I SORT OF WANT TO

56:12 - REPEAT ASPECTS OF YOUR QUESTION

56:13 - BACK TO YOU AS THE ANSWER BUT.

56:17 - MAYBE IT'S LET

56:18 - ME JUST SAY THAT STATE.

56:20 - CHASE SAID OFFERED A VOTE BY

56:23 - BALLOT MUST MEAN THAT YOU HAVE

56:25 - TO PHYSICALLY PRESENT YOUR

56:26 - BALLOT TO THE POLLS SO THAT

56:29 - BOTH YOUR QUALIFICATIONS TO

56:31 - VOTE AND

56:33 - RECOGNITION OF YOU HAS IN FACT,

56:35 - SOMEBODY WHO'S A RESIDENT OF

56:37 - THE DISTRICT WE CAN BE MADE

56:39 - THERE IS NO OTHER MEANS OF

56:40 - DOING EITHER.

56:44 - AFTER THE YOU KNOW IN

56:46 - 19 OH ONE WHEN THE

56:48 - LEFT WHEN THE CONSTITUTION WAS

56:50 - AMENDED TO PROVIDE FOR

56:51 - REGISTRATION AND WHEN THE 1937

56:54 - ELECTION CODE WAS ENACTED.

56:57 - WE REQUIRE RING REGISTRATION.

57:00 - THIS COURT IN THE CITY OF

57:02 - PHILADELPHIA KAYE SAID.

57:10 - AND OFFERING YOUR BALLOT EVEN

57:12 - IF YOU ARE RECOGNIZED BY

57:14 - EVERYBODY IN THE POLLING PLACE

57:17 - IS NOT AS A RESIDENT IS NOT

57:19 - SUFFICIENT

57:20 - BECAUSE QUALIFICATION TO VOTE

57:23 - IS SET BY REGISTRATION

57:25 - AND THEREFORE THE POLL WORKERS

57:27 - WERE CORRECT IN REJECTING YOUR

57:29 - BALLOT.

57:30 - >>ON THE OTHER HAND IF IN FACT

57:33 - YOU HAVE REGISTERED AND THEY

57:34 - JUST SOMEHOW DIDN'T HAVE YOU ON

57:36 - THE LIST, YOUR REMEDY IS TO GO

57:39 - TO THE COURT OF COMMON PLEAS.

57:40 - JUDGE WHO YOU KNOW

57:42 - BY ORDER IS SITTING FROM

57:44 - 07:00AM TO 10:00PM

57:46 - ON ELECTION DAY TO ADJUDICATE

57:47 - ELIGIBILITY CHALLENGES AND IF

57:50 - YOU CAN BRING SOME EVIDENCE

57:52 - THAT YOU IN FACT DID REGISTER

57:54 - THE COURT OF COMMON PLEAS MADE

57:56 - EMU QUALIFIED AND

57:58 - REQUIRE THAT YOUR VOTE BE

58:00 - COUNTED. BUT THE POINT IS THAT

58:02 - DOING GIGS

58:04 - ONCE THERE WAS A CONSTITUTIONAL

58:06 - AUTHORITY TO ESTABLISH A

58:07 - REGISTRATION SYSTEM WHICH AND

58:10 - WE DON'T HAVE SAME DAY

58:11 - REGISTRATION IS WHICH IS

58:12 - SOMETHING THAT IS DONE IN

58:13 - ADVANCE. THE.

58:16 - THE TIME IDENTITY

58:18 - THAT CHASE WE INSISTED ON AS A

58:21 - LOGICAL MATTER IN WHICH THE

58:22 - ONLY WAY YOUR QUALIFICATIONS

58:24 - COULD BE ASCERTAINED AND YOUR

58:26 - IDENTITY COULD BE CONFIRMED WAS

58:28 - BY SHOWING UP IN THE DISTRICT.

58:31 - AND THAT IS NO LONGER TRUE THAT

58:34 - HAS NOT BEEN TRUE. COUNCIL WERE

58:36 - A 100 YEARS TO MAKE SURE AND I

58:38 - AND I'M HAVING A HARD

58:39 - TIME FOLLOWING. I I THIS

58:41 - PHILADELPHIA CASE IS SO

58:42 - SIGNIFICANT. WELL ARE YOU

58:44 - SUGGESTING, SO.

58:45 - >>LET'S ASSUME AND I UNDERSTAND

58:46 - YOUR SIDE DISAGREES WITH THE

58:47 - IDEA

58:48 - THAT CHASE IS MORE THAN VICK TO

58:51 - AN OFFER TO VOTE IN THE

58:52 - ELECTION DISTRICT. LET'S ASSUME

58:54 - THAT MEANS ACTUALLY SHOWING UP

58:56 - IN PERSON TO

58:57 - CAST ABOUT. LET'S ASSUME THAT

59:00 - FOR A MINUTE. WHAT IS IT ABOUT

59:04 - ARE YOU SUGGESTING THAT BECAUSE

59:05 - THE GENERAL ASSEMBLY PASSED A

59:07 - LAW THAT ADDRESSED THE REASON

59:09 - WHY THE COURT RULED THE WAY IT

59:11 - DID MEANS THAT THE WAY TO

59:13 - INTERPRET THE CONSTITUTION

59:14 - BEFORE THE GENERAL ASSEMBLY

59:16 - ENACTED A REGISTRATION LAW

59:18 - SHOULD NOW BE DISCARDED AND WE

59:19 - SHOULD INTERPRET IT DIFFERENTLY

59:21 - BECAUSE THE

59:21 - GENERAL ASSEMBLY, I'M JUST

59:23 - TRYING TO STANCE WE SHOULD

59:24 - INTERPRET THE CONSTITUTION

59:25 - BASED ON GENERAL ASSEMBLY

59:28 - STATUTE THAT SUPPOSEDLY

59:30 - MEDIATED THE BASIS FOR THE

59:31 - ORIGINAL WINTER PREPARATION AND

59:33 - AND I DON'T I I REALIZE THAT

59:35 - I'VE I'VE GOT ALL EXCITED HERE

59:37 - ABOUT THAT 1938 CASE ONLY

59:39 - BECAUSE IT WAS LATE DISCOVERY

59:40 - OUR PART. TO ME IT'S

59:42 - JUST THE PROOF IN THE PUDDING.

59:44 - THAT THE CONSTITUTE THE MEANING

59:46 - OF OFFERED

59:49 - I MEAN THAT THE CHASE COURT WAS

59:50 - CONSTRUE IT OFFERED A VOTE BY

59:52 - BALLOT WHAT THE MEANING OF

59:54 - OFFERED A VOTE HAS NOT BEEN

59:55 - IMPLICITLY REPEALED IT

59:57 - SAYS THERE. IT IS THE

59:59 - 810 PRESENTMENT OF A VOTE FOR

01:00 - 03.790 PEOPLE STEPPED ITS. YOU CAN

01:00 - 06.290 PRESENTED BY MAIL WHERE YOU CAN

01:00 - 06.970 PRESENT IT

01:00 - 09.780 IN PERSON. BUT IT IS EXCEPTED

01:00 - 12.510 ONLY F AND AND YOU KNOW THIS

01:00 - 15.530 COURTS. A DECISION IN THE I

01:00 - 16.520 THINK IT WAS THE IN RAIN

01:00 - 21.850 11/3/2020. OPINION THAT

01:00 - 23.520 I FACED MEMORY SERVES ME

01:00 - 24.880 JUSTICE TODD ON 3RD.

01:00 - 26.850 BASICALLY SAID THE

01:00 - 28.360 QUALIFICATIONS ARE SET IN

01:00 - 31.010 ADVANCE AND WHAT IS LEFT FOR

01:00 - 32.380 THE CANVASSERS IN THE POLL

01:00 - 34.520 WORKERS IS TO ASCERTAIN.

01:00 - 36.220 >>THAT THE BALLOT IS IN FACT

01:00 - 39.170 SUBMITTED BY SOMEBODY WHO IS IS

01:00 - 40.610 THE PERSON WHO WAS QUALIFIED TO

01:00 - 41.070 VOTE AND

01:00 - 42.970 THAT'S DONE BY ALL OF THE

01:00 - 44.150 VARIOUS INFORMATION THAT'S

01:00 - 46.010 PROVIDED ON THE INNER BALLOT.

01:00 - 48.990 OUR POINT IS

01:00 - 52.780 NOT THAT THE 1938 CASE CHANGED

01:00 - 54.680 THE MEANING OF OFFERED A VOTE

01:00 - 56.940 WE OFFERED A VOTE BY WHAT WHAT

01:00 - 57.970 HAPPENED WAS NOT THAT THE

01:00 - 58.700 LEGISLATURE

01:00 - 01.370 SUBSEQUENTLY ENACTED. AN

01:01 - 03.110 ELECTION CODE THAT REQUIRES

01:01 - 04.180 THAT YOU ESTABLISH YOUR

01:01 - 06.210 QUALIFICATIONS IN ADVANCE

01:01 - 07.910 IN A TIME AND PLACE THAT'S

01:01 - 09.630 DIFFERENT FROM THE ACTUAL

01:01 - 12.460 VOTING ON ELECTION DAY. IT'S

01:01 - 13.610 THAT THE 19 OH

01:01 - 15.780 ONE CONSTITUTION. BOTH

01:01 - 17.810 AUTHORIZED A DIFFERENT METHOD

01:01 - 20.010 OF VOTING. AUTHORIZE THE

01:01 - 21.700 LEGISLATURE TO PROVIDE OTHER

01:01 - 22.210 METHODS

01:01 - 25.170 OF VOTING. AND THAT IT PROVIDED

01:01 - 25.600 FOR A

01:01 - 28.330 REGISTRATION SYSTEM WHICH THOSE

01:01 - 30.370 2 THINGS TOGETHER HAVE CREATED

01:01 - 32.370 A METHOD OF VOTING THERE IS A

01:01 - 32.830 METHOD

01:01 - 35.790 OF VOTING. THAT IS SPECIFIED IN

01:01 - 37.900 EXQUISITE DETAIL AND WELL

01:01 - 39.610 MAYBE NOT SUFFICIENT DETAIL AND

01:01 - 41.440 ACTS 77 SINCE THIS COURT IS

01:01 - 42.900 THAT SO MANY CASES

01:01 - 44.850 WHERE IT'S BEEN REQUIRED TO

01:01 - 45.400 CONSTRUE

01:01 - 48.350 ACT 77. BUT ACT 77 IS A METHOD

01:01 - 50.080 OF VOTING. I THINK THAT

01:01 - 52.760 THIS COURT'S DECISION IN THE.

01:01 - 55.720 THE DNC VERSUS.

01:01 - 00.990 I'M FORGETTING THE NAME OF THE

01:02 - 02.690 SECRETARY AT THE TIME, BUT THE

01:02 - 03.860 DEMOCRATIC NATIONAL COMMITTEE

01:02 - 05.870 CASE. THEY'VE BEEN A NAKED

01:02 - 08.120 BALLOTS CASE. BUT THE

01:02 - 09.740 CHALLENGERS WERE BASICALLY

01:02 - 11.940 SAYING THAT A BALLOT WITHOUT

01:02 - 13.240 THE OUTSIDE ON FULL.

01:02 - 17.930 IT CANNOT BE ALLOWED UNDER THE

01:02 - 20.610 CONSTITUTION BECAUSE THE METHOD

01:02 - 21.910 OF VOTING THEY CALLED IT THE

01:02 - 23.350 SCHEME OF VOTING WHERE THE

01:02 - 25.550 SYSTEM OF VOTING UNDER ARTICLES

01:02 - 27.690 UNDER ACT 77.

01:02 - 30.370 WE'LL CALL IT IS

01:02 - 32.190 A METHOD OF VOTING AND RECALL

01:02 - 34.320 AND THEREFORE CONTROLLED BY

01:02 - 35.070 ARTICLE

01:02 - 38.710 4 ARTICLE 7 SECTION 4 WHERE

01:02 - 40.990 SECRECY MUST BE MAINTAINED AND

01:02 - 42.540 THIS COURT AGREED WITH THE

01:02 - 45.210 CHALLENGERS AND SAID THIS IS AT

01:02 - 47.410 77 IS A METHOD OF VOTING.

01:02 - 49.070 AND WONDER

01:02 - 51.380 SECTION 4 OF ARTICLE 7 THE

01:02 - 53.160 MESSAGE OF VOTING MUST BE KEPT

01:02 - 54.900 SECRET AND WHEN YOU DON'T HAVE

01:02 - 56.680 THE OUTSIDE BATTLE SIGHT ON

01:02 - 58.470 BELOW ITS NOT SECRET AND

01:02 - 59.530 THEREFORE THEY CAN'T BE

01:02 - 00.670 COUNTED. SO I THINK.

01:03 - 03.780 WHAT IS DIFFERENT IS NOT THAT

01:03 - 06.960 THE LEGISLATURE. SIMPLY ENACTED

01:03 - 07.430 A LAW

01:03 - 09.760 IT'S THAT IT WAS AUTHORIZED BY

01:03 - 10.890 THE CONSTITUTION.

01:03 - 14.300 2 PROVIDE FOR OTHER METHODS OF

01:03 - 17.340 VOTING. INCLUDING A METHOD OF

01:03 - 19.050 VOTING THAT WIRES THAT YOU

01:03 - 20.920 DEMONSTRATE YOUR QUALIFICATIONS

01:03 - 22.400 IN ADVANCE THROUGH

01:03 - 25.390 REGISTRATION. AND THAT THAT

01:03 - 26.390 METHOD OF VOTING.

01:03 - 28.580 FULLY

01:03 - 31.390 AUTHORIZED BY THE CONSTANT THE

01:03 - 33.440 1968 CONSTITUTION AND THE

01:03 - 34.910 CONSTITUTION OF TODAY

01:03 - 38.050 AS A CONSTITUTIONALLY PERMITTED

01:03 - 39.120 METHOD OF VOTING.

01:03 - 42.590 AND IT DOES NOT REQUIRE IN

01:03 - 43.960 RESPONSE TO THE FIRST QUESTION

01:03 - 45.020 I THINK YOU ASKED OF

01:03 - 47.350 OF MISTER WEIGEL IT DOES NOT

01:03 - 48.650 REQUIRE ANY.

01:03 - 53.130 CONCLUSION THAT THE MEANING OF

01:03 - 54.340 OFFER TO VOTE

01:03 - 56.610 HAS BEEN IMPLICITLY REPEALED

01:03 - 58.230 ITS THAT THERE IS A METHOD OF

01:03 - 58.740 VOTING.

01:03 - 02.450 THAT NOW MANIFESTLY NOT ONLY

01:04 - 04.980 DOESN'T REQUIRE THAT YOU OFFER

01:04 - 06.810 YOUR VOTE IN PERSON IN THE

01:04 - 08.540 DISTRICT. BUT.

01:04 - 12.260 WON'T EVEN PERMIT YOU SIMPLY TO

01:04 - 14.000 OFFER YOUR VOTE IN PERSON.

01:04 - 16.420 IN THE DISTRICT NOW I I.

01:04 - 19.650 I MIGHT TAKE TO HEART JUST A

01:04 - 20.200 STUNNING NEWS

01:04 - 23.050 QUESTION ABOUT A LANCASTER CITY

01:04 - 25.030 AND YOUR OBSERVATION THAT THIS

01:04 - 25.280 IS THE

01:04 - 27.590 BIGGER PROBLEM. IT'S THE IT'S

01:04 - 30.080 BY FAR THE SHORTER OPINION IT'S

01:04 - 31.640 IT'S A PRETTY CURSORY OPINION.

01:04 - 34.790 YOU KNOW I WOULD SAY FIRST OF

01:04 - 37.020 ALL THAT LANCASTER CITY RELIED

01:04 - 38.990 WATER. ON

01:04 - 41.180 CHASES REASONING WITHOUT

01:04 - 41.880 ACCOUNTING.

01:04 - 46.490 IF RHIS I DID.

01:04 - 50.540 THE LANGUAGE OF THE 19 OH ONE

01:04 - 52.730 CONSTITUTION WHICH INCLUDED

01:04 - 54.140 SECTION 4 AND IT ACTUALLY

01:04 - 55.690 RECITED THE LANGUAGE OF SECTION

01:04 - 56.120 4.

01:04 - 58.750 OUR SUBMISSION IS THAT IT

01:04 - 01.370 DOESN'T CONTROL BECAUSE IT

01:05 - 03.730 DIDN'T ENGAGE AT THERE'S NO

01:05 - 05.450 EVIDENCE THAT SECTION 4 WAS

01:05 - 06.460 EVEN ARGUE THIS WITH

01:05 - 08.540 THE ARGUMENT IN LANCASTER CITY

01:05 - 09.530 IN THE OPINION AND WITH THE

01:05 - 11.380 LANCASTER CITY WAS.

01:05 - 14.110 THERE IS THE LEGISLATURE

01:05 - 16.270 HAS OFFERED ANOTHER MEANS OF

01:05 - 18.450 ABSENTEE VOTING. AND THE

01:05 - 20.580 QUESTION IS DOES

01:05 - 21.960 I CAN REMEMBER THE NUMBER NOW,

01:05 - 24.100 BUT WHAT IS NOW SECTION 14 OF

01:05 - 25.990 ARTICLE 7. WHAT DOES THE

01:05 - 28.640 FACT THAT IT THEN READ THE

01:05 - 31.190 GENERAL ASSEMBLY MAY PERMIT.

01:05 - 33.210 YOU KNOW SERVING MILITARY

01:05 - 35.890 OFFICERS TO VOTE ABSENTEE DOES

01:05 - 38.360 THAT YOU THE GENERAL ASSEMBLY

01:05 - 39.690 DOES THAT LEAVE THE GENERAL

01:05 - 40.180 ASSEMBLY

01:05 - 42.270 AUTHORITY TO IN ACT BY

01:05 - 44.450 LEGISLATION ANOTHER MEANS OF

01:05 - 46.480 ABSENTEE VOTING AND THAT THE

01:05 - 48.560 COURT'S DECISION TURNED ON THE

01:05 - 51.500 USE GENEROUS PRINCIPLE

01:05 - 53.630 WHICH IT YOU KNOW MAY PROPERLY

01:05 - 55.510 HAVE APPLIED TO THE WORD MAY.

01:05 - 57.910 AT THE TIME

01:05 - 59.540 THAT WAS THE BASIS FOR THE

01:05 - 01.530 DECISION AND SO THERE IS NO

01:06 - 03.400 I THINK KNOW WHAT COUNT IN

01:06 - 06.180 LANCASTER CITY. EITHER OF THE

01:06 - 08.650 ADDITION OF THE 19 OF THE 19 OH

01:06 - 11.230 ONE CONSTITUTIONAL AMENDMENTS

01:06 - 13.750 THAT ADDED SECTION FOUR'S OTHER

01:06 - 14.220 METHODS

01:06 - 16.600 OF VOTING. BECAUSE AND MAYBE IT

01:06 - 17.900 REALLY WASN'T AN ISSUE BECAUSE

01:06 - 18.900 I THINK AS YOUR HONOR'S

01:06 - 20.090 QUESTION POINTED OUT.

01:06 - 22.370 VOTING BY MAIL IS A DIFFERENT

01:06 - 23.020 METHOD OF

01:06 - 24.890 VOTING, THEN THEN VOTING

01:06 - 26.580 ABSENTEE IF YOU WOULD THERE'S

01:06 - 27.610 AN IMAGE IT'S BRIEF IN THIS

01:06 - 29.290 CASE FILED BY A COALITION OF

01:06 - 31.800 DISABLED PEOPLE. ABSOLUTELY

01:06 - 32.950 LIVE IN THE DISTRICT BUT THEY

01:06 - 34.490 CAN'T GO TO THE POLLING PLACE

01:06 - 36.200 AND THEY ARE NOW ALLOWED TO

01:06 - 39.470 VOTE BY MAIL. BUT EVEN IF.

01:06 - 43.570 YOU SAY

01:06 - 45.470 WELL ABSENTEE VOTING MAIL IN

01:06 - 46.640 VOTING THAT SORT OF ALL THE

01:06 - 47.890 SAME THING IF YOU VOTE BY

01:06 - 49.320 ABSENTEE YOU'RE VOTING BY MAIL

01:06 - 50.400 THEY'RE NOT THE SAME THING BUT

01:06 - 53.000 IF YOU SAW IT THAT SECTION 14

01:06 - 53.890 CONTROLLED.

01:06 - 57.330 THUS THE VERSION OF SECTION 14

01:06 - 58.680 THAT LANCASTER CITY WAS

01:06 - 01.010 INTERPRETED AND APPLYING THE

01:07 - 02.050 HUGE BOOST HIM

01:07 - 05.640 GENEROUS. CONSTRUCTION TOO.

01:07 - 09.680 IN THE VERY

01:07 - 11.970 MOST RELEVANT PART IT SAID THE

01:07 - 13.900 LEGISLATURE USE THE WORD MAY

01:07 - 15.940 THAT'S PERMISSIVE AND BY HAVING

01:07 - 17.250 A CONSTITUTIONAL PROVISION THAT

01:07 - 19.710 ALLOWS THE LEGISLATURE TO DO

01:07 - 20.730 ONCE THAT.

01:07 - 23.810 IT IS A FAIR READING OF

01:07 - 25.610 THAT LANGUAGE TO SAY THAT THE

01:07 - 27.430 LEGISLATURE IS NOT ALLOWED TO

01:07 - 27.670 DO

01:07 - 30.050 OTHER THINGS. WE YOU KNOW WE

01:07 - 31.570 AND THE STATE HAVE CITED THIS

01:07 - 33.680 SCORE TOO. THE DECISIONS OF

01:07 - 35.110 THIS COURT SAYING THAT THE

01:07 - 36.490 WORLD WHEN YOU USE THE WORD

01:07 - 39.110 SHALL IT IS A MANDATE IT

01:07 - 41.260 ESTABLISHES A CONSTITUTIONAL

01:07 - 42.840 RIGHT IN THOSE CATEGORIES OF

01:07 - 46.060 ABSENTEE VOTERS TO IN FACT VOTE

01:07 - 47.290 ABSENTEE WHICH THE GENERAL

01:07 - 48.960 ASSEMBLY CAN NEVER CHANGE

01:07 - 51.600 AND THAT IS NOT A LIMIT ON WHAT

01:07 - 53.290 THE GENERAL ASSEMBLY DOES NOW I

01:07 - 55.510 WILL CONCEDE. I THINK THIS WAS

01:07 - 57.370 JUSTICE WEX QUESTION BUT I MAY

01:07 - 57.910 BE WRONG. I

01:07 - 59.840 WILL CONCEDE THAT IN DIFFERENT

01:07 - 01.670 CONTEXTS THE WORD SHALL CAN

01:08 - 03.340 MEAN DIFFERENT THINGS AND I'M

01:08 - 04.760 GOING TO GIVE YOU A COUPLE

01:08 - 07.340 OF EXAMPLES. BUT THE SALIENT

01:08 - 09.880 POINT HERE IS IF THE WORD SHALL

01:08 - 10.940 COULD ME

01:08 - 12.990 IF THIS CASE WERE CONTROLLED BY

01:08 - 15.260 SECTION MIGHT SECTION 14 OF

01:08 - 16.100 ARTICLE 7.

01:08 - 18.980 AND IF IT TURNED ON THE

01:08 - 20.470 POSSIBLE MEANING OF THE WORD

01:08 - 21.110 SHALL.

01:08 - 25.660 THEY THE JUMP BALL ARROW IS IN

01:08 - 27.640 OUR FAVOR IS THIS IT IS THE

01:08 - 31.300 CHALLENGERS BIRD TO PROVE WAS

01:08 - 34.560 THAT. TODAY'S CONSTITUTION.

01:08 - 38.490 PROHIBITS CLEARLY

01:08 - 41.320 PALPABLE PLAINLY AND BEYOND

01:08 - 43.640 ALL DOUBT. THIS METHOD OF

01:08 - 45.020 VOTING AND SO IF IT'S A

01:08 - 46.720 PLAUSIBLE INTERPRETATION THAT

01:08 - 47.590 DOESN'T HELP THEM.

01:08 - 49.730 BUT IT IS NOT A FACT A

01:08 - 51.480 PLAUSIBLE INTERPRETATION

01:08 - 53.690 COUNCIL DIDN'T HAVE AND I I

01:08 - 54.740 KNOW MISTER WHITE HOUSE AIDE

01:08 - 55.880 AND YOUR BRIEF YOU SAY ALL

01:08 - 57.180 THESE CASES THAT INTERPRET

01:08 - 58.490 OFFER TO VOTE DIFFERENTLY THAN

01:08 - 59.770 THE PENNSYLVANIA SUPREME COURT

01:08 - 00.670 HAS INTERPRETED IT.

01:09 - 02.380 >>AREN'T THERE ALSO DECISIONS

01:09 - 03.980 FROM OTHER COURTS INTERPRETING

01:09 - 05.800 METHOD OF VOTING. IN OTHER

01:09 - 07.840 STATES TO MEAN.

01:09 - 10.690 MACHINES SOMETHING OTHER THAN

01:09 - 11.880 THE ACTUAL PAPER

01:09 - 13.850 BALLOT. AND THAT HAVE BEEN

01:09 - 15.850 INTERPRETED TO MEAN A MAIL IN

01:09 - 16.960 BALLOT. SO

01:09 - 19.840 WE DIDN'T CITE ANY OF THE EYE

01:09 - 21.670 AND I DON'T BELIEVE WE WE MADE

01:09 - 23.210 MUCH OF THE OTHER STATES.

01:09 - 26.060 >>DECISIONS. IN OUR BRIEFING

01:09 - 27.700 AND I HAVEN'T WE PAID A GREAT

01:09 - 28.750 DEAL OF ATTENTION TO THEM

01:09 - 30.530 BECAUSE YOU KNOW WHAT ONE

01:09 - 32.690 CONSTITUTIONAL PROVISION MEANS

01:09 - 34.330 IN ONE STATE MAY NOT.

01:09 - 36.020 YOU KNOW ISN'T DICTATED BY WHAT

01:09 - 36.820 OTHER COURT THAT THE

01:09 - 38.260 PREPONDERANCE THE VAST

01:09 - 40.010 PREPONDERANCE OF COURTS HAVE

01:09 - 40.560 SAID.

01:09 - 42.630 THEY KNOW THAT OFFERED A VOTE

01:09 - 44.860 ISN'T LIMITED TO IN-PERSON

01:09 - 45.500 VOTING.

01:09 - 49.640 AND WEATHER AND METHODS IS NOT

01:09 - 52.060 NECESSARILY LIMITED TO WE'RE

01:09 - 53.790 VOTING MACHINES NOW THAT THE

01:09 - 55.690 COMMONWEALTH COURT IN THIS CASE

01:09 - 57.960 SAID IN THE MAJORITY OPINION

01:09 - 59.200 THAT THE.

01:10 - 01.980 THE AMENDMENT TO THE THE OTHER

01:10 - 04.780 METHODS OF PRESCRIBED

01:10 - 06.760 BY WALKED WILFORD TO VOTING

01:10 - 08.530 MACHINES THAT WE KNOW THAT FROM

01:10 - 11.220 CHASE VERSUS LANCASTER THAT IS

01:10 - 12.680 I'M NOT I'M SORRY CITY OF

01:10 - 13.880 LANCASTER CITY.

01:10 - 16.950 WE KNOW THAT'S NOT TRUE IN

01:10 - 18.600 LANCASTER CITY WHAT THE COURT

01:10 - 22.040 SAID WAS THE SECRECY REQUIRED.

01:10 - 25.120 PUT IN

01:10 - 27.130 BECAUSE THERE WAS YOU KNOW AT

01:10 - 28.620 THE TIME SOME EXPERIMENTING

01:10 - 31.280 WITH WE'RE VOTING MACHINE AND

01:10 - 33.070 WE WANT TO ENSURE

01:10 - 36.040 THAT WHATEVER QUOTE METHOD OF

01:10 - 38.310 VOTING. THE LEGISLATURE

01:10 - 40.930 ALSO RISES WILL IN FACT

01:10 - 43.010 MAINTAIN THE SECRECY OF THE

01:10 - 45.450 BALLOT WHICH OF COURSE WAS.

01:10 - 48.550 NOT NECESSARILY TRUE IN THE

01:10 - 50.740 EARLY DAYS OF THE STATE WHERE

01:10 - 52.110 YOU WOULD JUST SHOW UP WITH A

01:10 - 53.800 LIST OF THE PEOPLE THAT YOU

01:10 - 55.760 WANTED TO VOTE IN THE PRESENCE

01:10 - 57.930 OF YOU KNOW OBVIOUS FROM FOR

01:10 - 59.150 EACH PARTY YELLING AND

01:10 - 00.380 SCREAMING AT YOU IF YOU ARE

01:11 - 00.800 HOLDING THE

01:11 - 01.710 WRONG LIST.

01:11 - 04.500 >>ASK YOU 2 QUESTIONS BEFORE

01:11 - 08.060 HAS NOT TO ASK THE FIRST ONE

01:11 - 09.360 BECAUSE I REALLY CAN'T REMEMBER

01:11 - 10.050 IN

01:11 - 12.600 YOUR RESEARCH. WE ARE THE

01:11 - 14.490 SECTION HEADS OF THE

01:11 - 16.480 CONSTITUTION, HARD TO THE

01:11 - 18.700 CONSTITUTION. RATHER THAN JUST

01:11 - 20.760 IN STATUTE SYRIAN FORMER TORY.

01:11 - 22.830 >>YES, THEY ARE I BELIEVE.

01:11 - 26.570 THEY

01:11 - 28.920 WERE ADDED. THERE WERE NO STEER

01:11 - 30.740 WERE NO SECTION HEADS IN THE

01:11 - 33.980 1838 CONSTITUTION. BUT I

01:11 - 36.030 BELIEVE THIS COURT HAS HAD HAS

01:11 - 38.000 STATED AND IN ANY EVENT I

01:11 - 39.170 BELIEVE IT'S TRUE THAT THEY

01:11 - 41.500 WERE ADDED IN SUBSEQUENT

01:11 - 43.510 CONSTITUTION IS ADOPTED WHETHER

01:11 - 45.100 THAT KURT IN 19 OH

01:11 - 46.210 ONE OR.

01:11 - 47.930 >>WE KNEW YOU WOULD IT IS PART

01:11 - 48.890 OF THE CONSTITUTION

01:11 - 51.390 SUBSTANCE. SO WHEN YOU LOOK AT

01:11 - 53.040 SECTION 7 ARTICLE WANTS HIS

01:11 - 54.820 QUALIFICATIONS TO SAY WHEN THAT

01:11 - 55.760 WHO SHOULD VOTE

01:11 - 57.460 WHEN YOU LOOK AT SECTION 7

01:11 - 58.800 ARTICLE FORCES METHOD OF

01:11 - 00.900 ELECTION. THAT'S HOW DO YOU GO.

01:12 - 02.520 >>RIGHT THAT'S ENTIRELY RIGHT

01:12 - 04.700 AND THE REASON THAT SECTION ONE

01:12 - 07.770 WAS ADDED IN 1838 WAS IN THE

01:12 - 09.070 LEGISLATIVE HISTORY MAKES THIS

01:12 - 11.510 VERY CLEAR WAS THAT.

01:12 - 12.870 PEOPLE

01:12 - 14.650 ARE VOTING. YOU KNOW OFTEN

01:12 - 16.180 MULTIPLE TIMES IN DIFFERENT

01:12 - 16.950 DISTRICTS IN

01:12 - 18.850 THE COMMONWEALTH. THERE WAS NO

01:12 - 20.320 REQUIREMENT THAT YOU THERE WAS

01:12 - 21.720 NO CONSTITUTIONAL REQUIREMENT

01:12 - 23.480 YOU VOTE ONLY IN THE DISTRICT

01:12 - 24.600 IN WHICH YOU RESIDE,

01:12 - 25.540 AND THAT.

01:12 - 27.400 >>WHAT THE PURPOSE OF SECTION

01:12 - 29.740 ONE WAS YOU ARE NOT WELL A

01:12 - 32.020 FIGHT TO VOTE IN ANY

01:12 - 33.390 DISTRICT OTHER THAN THE

01:12 - 34.860 DISTRICT OF YOUR RESIDENTS AND

01:12 - 36.290 WHAT YOU PAY TAXES.

01:12 - 39.330 >>FINALLY JUST JUST GET MY LAST

01:12 - 40.600 QUESTION BEFORE YOU'RE DONE.

01:12 - 44.110 MEMORY SERVES ME

01:12 - 46.490 ARTICLE ONE SECTION 4 THE

01:12 - 49.510 FEDERAL CONSTITUTION. WHICH IS

01:12 - 51.630 GETTING CURRENT IN VERY MUCH IN

01:12 - 52.890 VOGUE AND THE UNIFIED

01:12 - 54.270 LEGISLATIVE THEORY.

01:12 - 57.920 IT IS THE TIME PLACE OR MANNER

01:12 - 59.780 CLAUSON SAYS THAT'S

01:12 - 01.060 REALLY ENDED ABSENT A

01:13 - 02.300 DIFFERENCE SUBSEQUENT ACT OF

01:13 - 04.580 CONGRESS TO THE LEGISLATURE.

01:13 - 06.750 REZA LEGISLATURE SPEAKS TO

01:13 - 08.930 THE CONSTITUTION. SO TO THE

01:13 - 10.680 EXTENT THAT THE LEGISLATURE

01:13 - 12.910 PASSES SOMETHING. GOVERNOR DEAN

01:13 - 14.330 NOT SIGN IT IN PENNSYLVANIA FOR

01:13 - 15.440 IT TO BE A CONSTITUTIONAL

01:13 - 17.050 AMENDMENT THAT PEOPLE MUST

01:13 - 18.240 ADOPT IT.

01:13 - 19.460 >>AND THEY.

01:13 - 21.940 >>GREATLY GREATLY EXPAND

01:13 - 23.710 METHODOLOGY IS THAT THE

01:13 - 25.490 LEGISLATIVE PRONOUNCEMENT IT

01:13 - 27.120 CERTAINLY IS YOU WOULD FIND

01:13 - 28.650 THAT WAS ON THE LEGISLATURE'S

01:13 - 30.200 SUBSEQUENT TO THAT ABSENT A

01:13 - 31.760 REPEAL OF THAT CONSTITUTIONAL

01:13 - 33.390 AMENDMENT ABSOLUTELY AND THAT

01:13 - 34.640 WAS THE HOLDING OF THE U.S.

01:13 - 35.710 SUPREME COURT ACTUALLY IN THE

01:13 - 37.050 CASE THAT I ARGUED THAT

01:13 - 37.900 ARIZONA.

01:13 - 40.540 >>INDEPENDENT ARIZONA

01:13 - 42.050 LEGISLATIVE THE ARIZONA

01:13 - 43.970 LEGISLATURE VERSUS THE ARIZONA

01:13 - 44.790 INDEPENDENT

01:13 - 46.800 REDISTRICTING AUTHORITY WHERE

01:13 - 48.390 THE LEGISLATURE WAS SAYING

01:13 - 49.900 EXCUSE ME THE CONSTITUTION SAYS

01:13 - 51.580 THE LEGISLATURE AND WE ARE THE

01:13 - 52.610 LEGISLATURE.

01:13 - 55.060 >>AND WE DON'T. WE DON'T OFFER

01:13 - 55.680 EYES THIS.

01:13 - 56.800 I.

01:13 - 58.470 >>A THIN ICE IT'S FRIDAY AND

01:13 - 59.370 THAT JUST YEAH, IT IS A

01:13 - 00.450 QUESTION AND THEN OKAY WE'VE

01:14 - 03.020 GOT SO I I I JUST WANT TO TOUCH

01:14 - 04.430 VERY BRIEFLY ON.

01:14 - 05.410 >>THE.

01:14 - 07.650 >>THE THE ISSUE OF THE RELIANCE

01:14 - 09.490 INTERESTS WHICH IS IN SO FAR AS

01:14 - 11.490 YOU FEEL THAT YOU NEED TO

01:14 - 12.900 OVERRULE.

01:14 - 15.450 >>WE EITHER CHASE FOR LANCASTER

01:14 - 18.400 CITY IN ORDER TO REVERSE YOU

01:14 - 20.300 NEED TO TAKE INTO ACCOUNT AND

01:14 - 23.360 HERE THE ALLIANCE INTEREST I

01:14 - 24.880 RESPECTFULLY SUBMIT OUR

01:14 - 27.690 ENTIRELY ONE-SIDED THERE ARE

01:14 - 29.330 MILLIONS OF PENNSYLVANIANS

01:14 - 30.730 ALMOST 5 MILLION THAT THIS

01:14 - 32.590 POINT WHO HAVE VOTED BY MAIL.

01:14 - 35.100 UNDER ARTICLE UNDER ACT 77

01:14 - 36.090 ENACT 12.

01:14 - 39.530 THERE ARE FOR OVER 50 YEARS.

01:14 - 41.150 THERE ARE MILLIONS MORE

01:14 - 43.440 PENNSYLVANIANS WHO HAVE VOTED

01:14 - 44.750 ABSENTEE

01:14 - 47.350 WONDER PURE LEGISLATIVE

01:14 - 50.290 AUTHORITY THAT PELLYS INSIST

01:14 - 51.550 UNDER THEIR REAL LOGIC OF

01:14 - 52.900 THEIR REASONING WAS

01:14 - 54.830 UNCONSTITUTIONAL AND SO JUST AS

01:14 - 56.070 PROPS IN YOUR POINT THAT

01:14 - 59.540 THOSE POST 1968 BEFORE

01:14 - 02.130 LEGISLATIVE EXPANSIONS OF

01:15 - 04.580 ABSENTEE OR MAIL IN VOTING ARE

01:15 - 06.450 NOT BEFORE YOU PER SE

01:15 - 08.770 THE LOGIC OF THE COMMONWEALTH

01:15 - 10.280 COURT'S DECISION AND THE LOGIC

01:15 - 11.590 OF EVERY SAYS THE ARGUMENT OF

01:15 - 12.950 EVERY SINGLE ONE OF MY FRIENDS

01:15 - 15.040 ON THE OTHER SIDE IS THAT IF

01:15 - 17.090 THIS CAN BE DONE BY

01:15 - 19.730 LEGISLATION GOES ALL OF THOSE

01:15 - 22.480 ACTS OF THE LEGISLATURE WHICH

01:15 - 23.890 WAS ONE EXCEPTION HAVE NEVER

01:15 - 26.560 BEEN CHALLENGED AND AS TO WHICH

01:15 - 28.700 THERE IS LONG ACQUIESCENCE AND

01:15 - 30.820 RELIANCE INTEREST THOSE ALSO

01:15 - 32.760 ARE ILLEGAL AND WE'LL BE HAD

01:15 - 35.390 SWARTHY ILLEGAL. IF THE LAW IS

01:15 - 37.350 INVALIDATED IN THIS CASE.

01:15 - 39.110 THERE IS GOING TO BE AT A

01:15 - 41.300 MINIMUM MASSIVE CONFUSION THERE

01:15 - 42.420 ARE MILLION AND A HALF

01:15 - 43.440 PENNSYLVANIANS THAT HAVE

01:15 - 45.500 ALREADY REGISTERED ON THE

01:15 - 47.700 PERMANENT MAIL IN BALLOT.

01:15 - 50.900 LIST AND WHO ARE EXPECTING TO

01:15 - 51.230 VOTE

01:15 - 53.590 BY MAIL. 2 MONTHS HENCE IN THE

01:15 - 55.660 PRIMARY AND LATER THIS YEAR.

01:15 - 57.400 THEY DON'T THINK THEY HAVE TO

01:15 - 59.100 DO ANYTHING ELSE THEY KNOW

01:15 - 00.370 BECAUSE THEY ARE ON THE LIST

01:16 - 01.630 THAT A BALLOT IS GOING TO BE

01:16 - 02.500 SENT TO THEM.

01:16 - 05.640 WE'RE IN. AND IN NOVEMBER.

01:16 - 08.950 I THOUGHT I SUBMIT THAT.

01:16 - 12.120 THEY SAY FROM ITS OF THE

01:16 - 13.760 COMMONWEALTH COURT'S DECISION

01:16 - 16.360 HE'S GOING TO INVOLVED IN

01:16 - 17.380 SIT 8

01:16 - 19.740 MASSIVE DISENFRANCHISEMENT OF

01:16 - 21.590 VOTERS WHO HAVE COME TO RELY ON

01:16 - 23.540 THE CURRENT SYSTEM AND BELIEVE

01:16 - 25.390 THAT THEY ARE GOING TO BE ABLE

01:16 - 27.000 TO VOTE BY MAIL AND

01:16 - 30.110 BY CONTRAST. THERE ARE NO.

01:16 - 32.420 RELIANCE COD, NICE

01:16 - 33.840 DOUBLE RELIANCE INTERESTS ON

01:16 - 35.580 THE OTHER SIDE THERE'S NO COD

01:16 - 37.110 NICE DOUBLE RELIANCE INTERESTS

01:16 - 39.100 IN IMPOSING A SYSTEM OF

01:16 - 41.040 DEMOCRATIC ELECTIONS THAT

01:16 - 43.160 ALLOWS FEWER RATHER THAN MORE

01:16 - 45.340 PEOPLE TO PARTICIPATE IN WHO

01:16 - 46.910 WILL BE SELECTING THEM AND SO

01:16 - 49.020 FAR AS I CAN ASCERTAIN FROM THE

01:16 - 50.310 BRIEFS OF MY FRIENDS ON THE

01:16 - 52.460 OTHER SIDE. THERE WERE LIONS

01:16 - 54.050 INTEREST IS.

01:16 - 58.050 WE

01:16 - 00.920 WOULD RATHER NOT RUN FOR

01:17 - 02.120 ELECTION IN THE

01:17 - 04.620 UPCOMING ELECTIONS. IN AN

01:17 - 06.820 ELECTION THAT ALLOWS PEOPLE WHO

01:17 - 09.360 VOTE BY MAIL WHO WE BELIEVE MAY

01:17 - 11.520 NOT ON BALANCE TEND TO FAVOR US

01:17 - 13.190 THAT'S NOT GOOD. HOGG NICE

01:17 - 14.810 DOUBLE INTEREST IN OUR

01:17 - 17.150 CONSTITUTIONAL SYSTEM. YOU KNOW

01:17 - 17.850 THEIR EYE.

01:17 - 20.160 I WAS ASKED I DON'T THINK IT'S

01:17 - 21.670 BEEN ARGUED BY THE OTHER SIDE

01:17 - 23.480 BUT I WAS ASKED THAT COURT THAT

01:17 - 24.770 I DID BEFORE THIS ARGUMENT.

01:17 - 26.560 WELL ISN'T THERE. SOME RELIANCE

01:17 - 28.230 INTEREST IN THE FACT THAT.

01:17 - 30.140 YOU KNOW PRIOR TO

01:17 - 33.470 1977 THERE WERE CATEGORIES OF

01:17 - 35.320 ABSENTEE VOTERS THAT WERE ADDED

01:17 - 36.610 BY CONSTITUTION

01:17 - 38.320 AND MAYBE THERE'S A RELIANCE

01:17 - 39.820 INTEREST IN THE

01:17 - 42.420 BELIEF THAT A CONSTITUTIONAL

01:17 - 43.700 AMENDMENT IS REQUIRED THE

01:17 - 45.800 ANSWER IS NO AND IN ANY EVENT

01:17 - 47.710 ANY SUCH RELIANCE INTERESTS HAS

01:17 - 49.180 BEEN DISPELLED IN

01:17 - 52.050 THE LAST 50 YEARS BECAUSE THERE

01:17 - 54.280 4 TIMES THE LEGISLATURE HAS

01:17 - 55.510 LEFT SOME COURTS ARE

01:17 - 56.570 ALWAYS LOATH.

01:17 - 58.820 >>TO UPSET THE FORTHCOMING

01:17 - 00.490 ELECTION WHEN NOTHING TO DO

01:18 - 01.860 OBVIOUSLY WITH THE TIMING OF

01:18 - 03.740 THIS CASE RIGHT WHICH ARRIVES

01:18 - 05.270 ON THE DOORSTEP OF THE PRIMER.

01:18 - 05.990 BUT IF

01:18 - 08.910 THE STATE REMAINS IN PLACE

01:18 - 09.570 UNTIL

01:18 - 12.200 MAY 18TH DOESN'T THAT GIVE

01:18 - 13.740 AMPLE TIME TO STRAIGHTEN THINGS

01:18 - 15.250 OUT PRIOR TO A GENERAL ELECTION

01:18 - 17.190 I MEAN I DON'T THINK

01:18 - 20.690 >>THERE ARE MILLIONS AND

01:18 - 22.310 MILLIONS OF PEOPLE WHO WOULD

01:18 - 24.180 NEED TO BE RE EDUCATED MILLIONS

01:18 - 25.470 AND MILLIONS OF DOLLARS THAT

01:18 - 27.600 THE STATE WILL HAVE TO SPEND IN

01:18 - 29.360 REEDUCATION THEM BUT LOOK

01:18 - 31.190 AT OUR JUST SO THAT IT'S

01:18 - 33.750 ENTIRELY CLEAR MY SUBMISSION

01:18 - 34.340 IS.

01:18 - 36.880 NEITHER CHASED OR LANCASTER HAS

01:18 - 38.620 TO BE OVERRULED THEY COULD THIS

01:18 - 39.560 WRAP UP FOR YEAH.

01:18 - 42.880 I SAID THAT I WOULD TALK ABOUT

01:18 - 44.510 I WOULD WOULD ADDRESS THE

01:18 - 46.180 FEDERAL CONSTITUTIONAL CLAIMS

01:18 - 47.580 AND I KNOW I'M CONFIDENT I CAN

01:18 - 49.290 DO THAT AS BRIEFLY AS WE DID IN

01:18 - 52.090 OUR BRIEF. THERE IS NO.

01:18 - 54.530 I MEAN HONESTLY THERE IS NO

01:18 - 56.860 SERIOUS ARGUMENT THAT

01:18 - 58.980 THIS VIOLATES THE FEDERAL

01:18 - 59.810 CONSTITUTION.

01:19 - 02.460 >>ALL BUT ONE OR 2.

01:19 - 04.110 >>OF THE SERIES OF MY FRIENDS

01:19 - 05.930 ON THE OTHER SIDE DEPEND AS

01:19 - 07.950 A PREDICATE THAT YOU

01:19 - 09.710 FIND THAT ACTS, EVAN T 7

01:19 - 10.440 VIOLATES THE

01:19 - 12.190 PENNSYLVANIA CONSTITUTION.

01:19 - 15.120 AND EVEN IF IT DOES I KNOW OF

01:19 - 15.970 NO.

01:19 - 20.890 STANDING FOR THE PROPOSITION

01:19 - 22.530 THAT SOMETHING THAT VIOLATES A

01:19 - 24.010 STATE CONSTITUTION.

01:19 - 26.010 PER FORCE VIOLATES THE

01:19 - 29.010 FEDERAL CONSTITUTION. I MEAN IT

01:19 - 30.970 THERE IS NO SUCH CASE THE COURT

01:19 - 32.180 HIS HEALTH COURTS HAVE HELD

01:19 - 33.410 REPEATEDLY THAT YOU DON'T HAVE

01:19 - 36.180 A 1938 ACTION BASED ON

01:19 - 37.290 THE VIOLATION OF A

01:19 - 39.760 STATE CONSTITUTIONAL PROVISION

01:19 - 41.900 THEY ALSO RAISE AN ISSUE OF.

01:19 - 44.430 VOTE DILUTION UNDER THE EQUAL

01:19 - 45.740 PROTECTION CLAUSE CITING

01:19 - 48.230 RENTALS VERSUS SIMS THAT ALA

01:19 - 50.230 PORTION THAT CASE THAT'S WHAT

01:19 - 52.340 VOTER DILUTION REFERS TO THE

01:19 - 54.590 WHOLE NOTION THAT MY PHONE

01:19 - 57.250 IS DELUDED BECAUSE I DON'T WANT

01:19 - 58.840 OTHER PEOPLE TO BE ALLOWED TO

01:19 - 59.370 VOTE.

01:20 - 05.270 THANK YOU VERY MUCH.

01:20 - 10.270 TEPPER NOT LIKE CORRECTLY.

01:20 - 13.390 CLOSE MISTER CHIEF JUSTICE AND

01:20 - 15.160 TO ME KNOW, WE KNOW, I'M SORRY

01:20 - 16.570 WHITE ALL RIGHT.

01:20 - 20.970 THANK YOU. MISTER CHIEF JUSTICE

01:20 - 22.150 AND MAY IT PLEASE THE COURT.

01:20 - 24.060 MY NAME IS MICHAEL DIMINO AND

01:20 - 25.690 ALONG WITH WALTERS HIM ALONG

01:20 - 28.900 WE REPRESENT. MISTER MCLEAN CO.

01:20 - 31.170 I WILL ADDRESS AT

01:20 - 33.520 77 CE IN COMPATIBILITY WITH

01:20 - 36.590 SECTION ONE OF ARTICLE 7 OF THE

01:20 - 37.420 CONSTITUTION.

01:20 - 41.130 ARGUING CO-COUNSEL WE'LL

01:20 - 43.710 ADDRESS THE PARTICULARS OF THE.

01:20 - 45.290 LEGISLATIVE

01:20 - 48.060 CHALLENGERS AND MISTER KING

01:20 - 49.710 WELL, WE'LL ADDRESS REMAINING

01:20 - 51.010 MATTERS AT THE END.

01:20 - 55.290 FOR 160 YEARS.

01:20 - 57.980 HAS INTERPRETED THE

01:20 - 59.990 PENNSYLVANIA CONSTITUTION TO

01:20 - 02.160 REQUIRE IN-PERSON VOTING.

01:21 - 04.090 SUBJECT TO THE SPECIFIC

01:21 - 06.420 EXEMPTIONS NOTED, WE'RE IN

01:21 - 09.690 SECTION 14 OF ARTICLE 7.

01:21 - 12.380 ACT 77 VIOLATED

01:21 - 14.220 THIS REQUIREMENT BY EXTENDING

01:21 - 15.820 MAIL IN VOTING TO EVERY VOTER

01:21 - 16.800 IN THE COMMONWEALTH.

01:21 - 19.760 ACT 77 IS THEREFORE

01:21 - 21.820 UNCONSTITUTIONAL AND THE ORDER.

01:21 - 22.950 THE JUDGMENT OF THE

01:21 - 24.030 COMMONWEALTH COURT SHOULD BE

01:21 - 24.520 AFFIRMED.

01:21 - 27.900 THE ISSUE AT THE HEART OF THIS

01:21 - 30.490 CASE HAS ALREADY BEEN DECIDED.

01:21 - 33.300 TWICE BY THIS COURT.

01:21 - 35.460 THE PHRASE OFFERED

01:21 - 36.690 A VOTE AND HURT OUR

01:21 - 39.000 CONSTITUTION IN 1838.

01:21 - 41.090 AND WAS AUTHORITATIVELY

01:21 - 42.940 INTERPRETED BY THIS COURT IN

01:21 - 45.410 1862 IN CHASE FOR SAYS MILLER.

01:21 - 48.690 COULD NOT HAVE

01:21 - 51.530 BEEN CLEARER ABOUT THE PRECISE

01:21 - 54.240 ISSUE THAT IS BEFORE THIS COURT

01:21 - 54.710 TODAY.

01:22 - 04.400 THAT INTERPRETATION WAS

01:22 - 07.870 REAFFIRMED IN 1924 IN LANCASTER

01:22 - 08.250 CITY.

01:22 - 11.010 THE CONSTITUTIONAL PHRASE OFFER

01:22 - 13.640 TO VOTE. HAS NEVER BEEN AMENDED

01:22 - 15.620 YOUR VIEW SIR.

01:22 - 18.150 ACTUAL HOLDING ADDICTED.

01:22 - 21.030 ABSOLUTELY ACTUAL HOLDING YOUR

01:22 - 22.010 HONOR THERE IS NO OTHER

01:22 - 23.600 PROVISION OF THE CONSTITUTION

01:22 - 26.440 THAT. THAT THE APPELLANTS

01:22 - 27.970 REFERRED TO THAT COULD HAVE

01:22 - 29.720 BEEN THE BASIS FOR THE CHASE

01:22 - 31.350 COURT'S HOLDING THE ONLY

01:22 - 33.580 POTENTIAL REASON THAT CHASE

01:22 - 36.760 RELIED ON AND CERTAINLY I THINK

01:22 - 39.080 THE REASON THAT, BUT IT RELY ON

01:22 - 40.940 WAS OFFER

01:22 - 42.860 TO VOTE THAT IS THAT IS WHAT IT

01:22 - 43.930 SAID KNOW WHAT THE OTHER SIDE

01:22 - 45.250 SAYS IS THAT THERE'S SOME

01:22 - 47.700 REASON WHY WE MAY HAVE REQUIRED

01:22 - 49.320 IN-PERSON VOTING AT THE PEOPLE

01:22 - 50.060 MAY HAVE BEEN

01:22 - 52.210 PARTICULARLY CONCERNED ABOUT

01:22 - 53.870 POTENTIAL PROBLEMS WITH RESPECT

01:22 - 55.370 TO SECRECY OR WHATEVER ELSE AND

01:22 - 56.700 THAT MAY HAVE BEEN A REASON TO

01:22 - 57.890 REQUIRE IN-PERSON VOTING.

01:22 - 00.900 IT SEEMED TO ME THAT THE CASES.

01:23 - 03.400 >>AND I'M ALL IS THAT THE

01:23 - 04.680 LANGUAGE IS TRICKY.

01:23 - 06.600 BUT THE CASES WERE FACTUALLY

01:23 - 09.050 DISTINGUISHABLE IN THE CHASE IS

01:23 - 10.750 JUST TO TAKE THE WHO ARE

01:23 - 12.410 ITCHING CASE FOR 4.

01:23 - 14.890 THE LANGUAGE. THE MILITARY

01:23 - 16.510 COMMANDER COULD ESTABLISH THE

01:23 - 19.060 VOTING DISTRICT. WE DON'T KNOW

01:23 - 20.290 WHAT THE MILITARY COMMAND IT

01:23 - 21.250 WOULD DO HOW WE WOULD

01:23 - 23.740 DO IT. WE DIDN'T KNOW THAT THAT

01:23 - 25.700 IS IS IS YOU EITHER SIDE SAID

01:23 - 27.390 WITH PENNSYLVANIA'S WITH VOTERS

01:23 - 29.450 WOULD VOTE WITH WITH VOTED IN

01:23 - 30.980 PHILADELPHIA ELECTION OF VICE

01:23 - 33.600 VERSA AND SO WE SAID DON'T ONLY

01:23 - 35.840 ONLY PENNSYLVANIA CAN SET UP

01:23 - 37.790 AND ADMINISTER THE VOTING

01:23 - 39.340 DISTRICTS AND IN THE MILITARY

01:23 - 40.450 CANNOT DO THAT

01:23 - 41.700 AND THEN EVERYTHING

01:23 - 44.660 ELSE SEEMS WHAT COULD BE A

01:23 - 45.430 SURPLUS THE

01:23 - 49.310 LANGUAGE WHAT YOU'RE SAYING

01:23 - 50.510 THAT THE REST OF IT IS THE

01:23 - 52.250 ACTUAL BOARDING OF THE KEYS.

01:23 - 53.710 >>YES, YOUR HONOR I THINK THAT

01:23 - 55.540 THE THE HOLDING OF A HAZE WAS

01:23 - 57.600 BUT THE HOLDING THE CASE WAS

01:23 - 58.770 OFFERED A VOTE THERE'S NOTHING

01:23 - 01.640 IN THE CASE. THAT SAYS THAT.

01:24 - 03.350 OUR DECISION WOULD BE

01:24 - 05.750 DIFFERENT. IF SOMEBODY HAD

01:24 - 07.110 THOUGHT OF THE IDEA OF USING A

01:24 - 08.090 SECRECY ENVELOPE

01:24 - 10.970 OR IF IF SOME OTHER KIND OF

01:24 - 12.860 PROCEDURE HAD BEEN YOU THIS THE

01:24 - 14.890 THE CONSTITUTIONAL LANGUAGE

01:24 - 17.310 THAT CHASE CANDIDATES HOLDING

01:24 - 20.500 ON WAS WE OFFERED TO VOTE NOT.

01:24 - 23.450 WHO MAY ADMINISTER THE ELECTION

01:24 - 25.040 WHEN SOMEONE COMES AND OFFERS

01:24 - 26.310 TO VOTE OR ANYTHING LIKE THAT

01:24 - 27.730 IT WAS THE VOTER.

01:24 - 28.890 >>HASN'T OFFERED

01:24 - 29.580 TO VOTE.

01:24 - 31.890 >>RESPECTIVE POSITIONS IN OUR

01:24 - 35.490 GUTS AND MY LAST QUESTION ON ON

01:24 - 36.220 THE TOPIC

01:24 - 37.980 BECAUSE AGAIN IT'S TOPIC THAT I

01:24 - 39.250 LOOK THAT HARD AND THOUGHT

01:24 - 39.950 ABOUT HARD.

01:24 - 43.320 IF INSTEAD THE LEGISLATURE HAD

01:24 - 45.230 SET UP WHAT WE TODAY KNOW IS

01:24 - 47.010 ABSENTEE VOTING FOR THE

01:24 - 48.950 MILITARY FOR FOR THE FOR THE

01:24 - 50.450 SICK AND DISABLED WHERE THE

01:24 - 53.130 LIFE. SAME RESULT. IN YOUR

01:24 - 53.630 VIEW.

01:24 - 55.430 >>YES, YOUR HONOR I DON'T THINK

01:24 - 56.510 THAT THAT'S ANY DIFFERENT FROM

01:24 - 58.560 THE ACTUAL CASE I THINK THAT IN

01:24 - 59.560 CHASE VERSUS MILLER, THE

01:24 - 02.010 LEGISLATURE DID SET UP EXACTLY

01:25 - 03.420 WHAT YOU CALL A SYSTEM FOR

01:25 - 05.960 ABSENTEE BALLOTING 4 SOLDIERS

01:25 - 07.240 WHO ARE VOLUNTEERING FOR THE

01:25 - 08.930 UNION CAUSE AND WHAT THIS COURT

01:25 - 10.420 SAID IS THAT'S NOT CONSISTENT

01:25 - 12.390 WITH THE CONSTITUTION. AND TO

01:25 - 13.110 THE EXTENT.

01:25 - 14.360 >>THE COUNCIL DOES IT MAKE A

01:25 - 16.480 DIFFERENCE THAT ON THE CHASE

01:25 - 17.460 COURT WAYS.

01:25 - 21.000 FOCUSED ON THE FACT THAT

01:25 - 23.880 SUFFRAGE WAYS DESIGNED AT THAT

01:25 - 25.800 POINT IN TIME TO ESSENTIALLY

01:25 - 27.960 EXCLUDE 3 QUARTERS OF THE

01:25 - 31.050 POPULATION. AND SO

01:25 - 32.970 THEY WERE WORKING AT.

01:25 - 36.480 THROUGH THE EYES

01:25 - 37.270 HAVE A

01:25 - 41.610 VERY RESTRICTIVE. SUFFRAGE

01:25 - 44.290 LIMITED TO WHITE MAN OF A

01:25 - 45.880 CERTAIN AGE AND

01:25 - 47.820 WE WANTED TO MAKE SURE THAT THE

01:25 - 49.470 WHITE MAN OF A CERTAIN AGE WHO

01:25 - 51.040 SHOWED UP AT THE POLLS WERE IT

01:25 - 52.550 BE CORRECT. THE MAN OF A

01:25 - 53.360 CERTAIN AGE.

01:25 - 56.700 >>IT IS WHAT DOES IT WAS AT THE

01:25 - 59.490 DRIVING FORCE BEHIND. THEIR

01:25 - 01.540 DECISION WERE AT LEAST ONE OF

01:26 - 01.830 THEM.

01:26 - 04.660 >>I YOUR HONOR THE COURT

01:26 - 08.020 MENTIONS THAT THAT THE 1838

01:26 - 10.000 CONSTITUTION DID RESTRICT WE'RE

01:26 - 11.500 GOING TO WANT TO MENTION IT.

01:26 - 12.450 THEY SAY WE.

01:26 - 14.420 >>IT WAS NOT QUESTIONING THE

01:26 - 17.480 INTELLIGENCE OF OTHER CITIZENS

01:26 - 19.250 TO VOTE. IT IS

01:26 - 21.350 DESIGNED ESSENTIALLY SO

01:26 - 23.570 THAT THE PEOPLE THAT HIM LONG

01:26 - 25.610 TO BE WORTHY OF VOTING. OUR

01:26 - 27.320 ONLY THOSE PEOPLE WHO CAN VOTE.

01:26 - 29.500 YES, I MEAN THAT I MEAN THAT'S

01:26 - 31.250 WHAT THE CASE SENSE. YES, HE

01:26 - 31.490 IS.

01:26 - 35.170 WHAT PART OF THAT

01:26 - 38.380 RATION NOW IS WORTHY OF

01:26 - 40.520 CONTINUED AND HE RUNS

01:26 - 42.820 WHAT COURT IN TERMS OF

01:26 - 44.480 INTERPRETING THE CONSTITUTION.

01:26 - 46.130 THE ANSWER YOUR HONOR.

01:26 - 47.880 >>IS THAT THE PEOPLE HAVE

01:26 - 49.700 CHANGED THE PARTS OF THE

01:26 - 51.480 CONSTITUTION THAT HAVE DEALT

01:26 - 53.760 WITH THOSE PORTIONS

01:26 - 56.620 THE CHASE FOR SAYS MILLER'S

01:26 - 58.470 RESTRICTIVE UNDERSTANDING OF

01:26 - 59.380 THE VOTING RIGHT

01:26 - 01.690 THAT WHATEVER MIGHT HAVE BEEN

01:27 - 05.190 THE BASIS. IN POLICY 4

01:27 - 06.490 THE THE PEOPLE'S

01:27 - 08.970 DECISION TO IMPLEMENT THAT IN

01:27 - 10.610 THE 1838 CONSTITUTION OR

01:27 - 11.940 CHASE'S DECISION TO INTERPRET

01:27 - 12.450 IT THAT WAY

01:27 - 15.330 WHATEVER THE THE POLICY BASIS,

01:27 - 17.450 WHAT. THE FACT REMAINS

01:27 - 19.440 THAT THE CHASE COURT DID

01:27 - 20.890 INTERPRET OFFERED TO VOTE TO

01:27 - 22.350 CONTAIN AN IN-PERSON VOTING

01:27 - 24.270 REQUIREMENT. THE PEOPLE THOUGHT

01:27 - 26.400 THAT RESTRICTING THE FRANCHISE.

01:27 - 27.710 2 WHITE MALE

01:27 - 30.520 PROPERTY OWNERS WAS BAD POLICY

01:27 - 31.560 AND SO THE AMENDED THE

01:27 - 32.810 CONSTITUTION TO GET RID OF

01:27 - 34.240 THAT, BUT THEY DIDN'T AMEND THE

01:27 - 35.730 CONSTITUTION TO GET RID OF THE

01:27 - 37.320 IN PERSON VOTING REQUIREMENT.

01:27 - 38.530 >>LET LET ME JUST FOLLOW

01:27 - 40.300 THROUGH ON THAT AS YOU CAN TELL

01:27 - 42.060 I THINK WE'VE ALL SPENT A LOT

01:27 - 43.880 OF TIME AND THIS AN INTERESTING

01:27 - 46.570 IN THE CASE LOT.

01:27 - 49.880 SO WE'RE WE'RE SITTING HERE

01:27 - 52.090 INTERPRETING THE 1968.

01:27 - 53.880 >>PENNSYLVANIA CONSTITUTION.

01:27 - 55.750 MY CORRECT THERE HAVEN'T BEEN

01:27 - 57.340 ANY AMENDMENT SINCE AND THAT

01:27 - 58.340 WE'RE CONCERNED WITH.

01:27 - 59.670 >>THAT'S OKAY.

01:28 - 02.520 >>THERE'S THE 1985 AMENDMENT TO

01:28 - 04.610 SECTION 14, BUT I I I AGREE

01:28 - 06.040 WITH YOU THAT WAS A YEAR OR

01:28 - 06.420 LESS.

01:28 - 09.470 >>AND SO SINCE CHASE, I'M THE

01:28 - 11.560 CONSTITUTION HAS BEEN AMENDED

01:28 - 14.370 TO REQUIRE I'M

01:28 - 17.770 REGISTRATION PROTOCOLS TO BE

01:28 - 18.360 SET UP.

01:28 - 20.970 IN 19 OH

01:28 - 25.020 ONE IT WEIGHS TO INCLUDE I THE

01:28 - 28.650 LANGUAGE THE GENERAL ASSEMBLY.

01:28 - 30.680 >>EYE TO EYE.

01:28 - 34.380 ALLOW WERE TO DECIDE THE MANNER

01:28 - 35.000 OF VOTING.

01:28 - 37.030 AND SO IS AS WE LOOK

01:28 - 39.890 CONTINUE ONE. DON'T WE

01:28 - 43.400 HAVE TO THE LANGUAGE OFFERED TO

01:28 - 46.020 VOTE IN THE CONTEXT CONTINUING.

01:28 - 48.470 NOW THERE ARE EITHER THINGS

01:28 - 50.130 THAT HAVE BEEN ADDED TO THE

01:28 - 52.420 CONSTITUTION YOU CAN BUY WHY

01:28 - 54.470 I'M CONVENTION OR

01:28 - 57.800 CONSTITUTIONAL AMENDMENT AND SO

01:28 - 59.940 IF WE LOOK AT THE AD IS A WHOLE

01:28 - 01.510 IF WE LOOK AT THE CONSTITUTION

01:29 - 04.130 HOLISTICALLY ARE WE LEFT WITH

01:29 - 06.970 THE PROPOSITION THAT WE HAVE A

01:29 - 09.080 PROVISION. IN

01:29 - 12.090 SECTION 4 THAT ALLOWS THE

01:29 - 14.800 GENERAL ASSEMBLY BRIDE ALMOST

01:29 - 17.060 PLENARY AUTHORITY. I TO

01:29 - 19.010 DETERMINE THE MANNER OF VOTING.

01:29 - 21.780 AND IF WE PUT ALL OF THAT

01:29 - 23.560 TOGETHER IN THE CONTEXT OF WHAT

01:29 - 26.350 WE SEE IN OUR 1968 CONSTITUTION

01:29 - 28.730 WHERE IS IT

01:29 - 31.170 THAT ON THE CONSTITUTION

01:29 - 34.550 EXPLICITLY PRECLUDES THE

01:29 - 35.580 GENERAL ASSEMBLY.

01:29 - 39.280 ALLOWING

01:29 - 42.550 THE PROVISIONS BACK 7, 7, 2,

01:29 - 44.650 GOING TO LAST WHERE IS

01:29 - 46.770 THAT EXPLICIT EXCLUSION

01:29 - 48.920 ON THE GENERAL ASSEMBLY'S

01:29 - 51.640 ABILITY TO ALLOW VOTING BY

01:29 - 51.920 MAIL.

01:29 - 54.620 >>THIS COURT HELD IN CHASE AND

01:29 - 56.440 REAFFIRMED IN LANCASTER CITY

01:29 - 58.080 THAT THE PHRASE OFFERED

01:29 - 00.820 TO VOTE WAS AN EXPLICIT

01:30 - 02.820 REQUIREMENT OF IN-PERSON

01:30 - 03.190 VOTING.

01:30 - 04.710 >>THE COURTS. THE ONE

01:30 - 07.040 ABOUT THE GRANTED THE GENERAL

01:30 - 08.990 ASSEMBLY AND BRIDE GRANT TO THE

01:30 - 10.260 SECOND GENERAL ASSEMBLY.

01:30 - 12.700 >>TO DICTATE THE MANNER.

01:30 - 16.490 IN WHICH ELECTION WELL THAT

01:30 - 18.350 VOTE WILL BE ALLOWED. WHAT

01:30 - 19.450 ABOUT THAT LANGUAGE.

01:30 - 21.160 >>VERY RESPECTFULLY OR HONOR

01:30 - 24.140 THAT'S NOT WHAT SECTION

01:30 - 27.530 $0.4. I UNDERSTAND THAT THE

01:30 - 30.170 APPELLANTS HAVE ASK THIS COURT

01:30 - 32.660 TO READ PLENARY AUTHORITY INTO

01:30 - 33.870 SECTIONS FOR BUT THAT'S NOT

01:30 - 34.700 WHAT IT SAYS IT DOES

01:30 - 36.550 NOT SAY THAT THE GENERAL

01:30 - 38.680 ASSEMBLY MAY PRESCRIBE METHODS

01:30 - 39.170 OF VOTING.

01:30 - 40.980 WHAT IT SAYS IS THAT IT

01:30 - 42.550 REQUIRES THAT ELECTIONS BE

01:30 - 45.940 QUOTE 5 BALLOT OR BY SUCH

01:30 - 48.610 OTHER METHOD AS PRESCRIBED

01:30 - 50.510 BY LAW IT'S NOT WRITTEN AS A

01:30 - 51.310 GRANT OF POWER

01:30 - 51.950 AT ALL.

01:30 - 54.070 >>DOES THAT MEAN THAT IT HAS AS

01:30 - 55.550 PRESCRIBED BY LOT BECAUSE IT

01:30 - 57.490 MAY BE AS MAYBE MAYBE JUST

01:30 - 58.840 RIGHT, I LIKE IT'S THE GENERAL

01:30 - 01.440 ASSEMBLY WHO PRESCRIBED BY LAW.

01:31 - 03.180 I'M SORRY I DID

01:31 - 05.600 NOT START I DIDN'T. I THINK IS

01:31 - 07.280 SET WHAT ELSE COULD IT.

01:31 - 09.990 >>WHAT IT MEANS IS IF THIS IS

01:31 - 11.190 IF WE APPLY.

01:31 - 13.470 THE DINOS GET HER SO KEES

01:31 - 15.410 CANNON AND INTERPRET AMBIGUOUS

01:31 - 16.800 PHRASES BY REFERENCE TO THEIR

01:31 - 19.260 COMPANIONS FIGURE OUT WHAT

01:31 - 21.530 METHOD MEANS BY REFERENCE TO

01:31 - 23.150 THE OTHER MORE SPECIFIC TERMS

01:31 - 24.880 IN THE SAME PHRASE, MOST

01:31 - 27.160 PARTICULARLY BALLOT. IT IS

01:31 - 29.880 5 BALLOT OR BY SUCH OTHER

01:31 - 30.510 METHOD.

01:31 - 33.950 THE IDEA IS THAT METHOD

01:31 - 36.190 INCLUDES SOME OTHER WAY OF

01:31 - 38.160 RECORDING VOTES SOME OTHER

01:31 - 39.700 MECHANISM FOR VOTERS TO

01:31 - 40.640 INDICATE WHAT THEIR

01:31 - 43.460 CHOICE IS SO THAT PROVISION

01:31 - 45.610 AUTHORIZES THE LEGISLATURE TO

01:31 - 47.240 SAY IF YOU WANT TO VOTE BY

01:31 - 48.450 PUNCH CARD YOU CAN LOOK MY

01:31 - 49.400 PUNCH CARDS IF YOU WANT TO USE

01:31 - 50.910 OPTICAL SCANNERS YOU CAN USE

01:31 - 52.110 THAT IF YOU WANT TO

01:31 - 53.870 VOTE BY MAIL MAYBE YOU CAN DO

01:31 - 55.200 THAT, ALTHOUGH THAT THAT WOULD

01:31 - 56.660 UNDERMINE THE SECRECY PROVISION

01:31 - 58.260 IF YOU WANT TO USE TOUCH SCREEN

01:31 - 58.810 VOTING

01:31 - 00.970 THAT'S FINE. THOSE ARE METHODS

01:32 - 03.580 OF VOTING OR THE LOSS THOUGH I

01:32 - 04.510 I WANT TO INTERRUPT THAT JUST

01:32 - 05.080 BECAUSE.

01:32 - 06.730 >>YOUR HEART I THINK THAT WHAT

01:32 - 07.980 YOU'VE BEEN ASKED WE

01:32 - 10.570 JUST SAID UNDER ARTICLE 6,

01:32 - 13.950 7 SECTION 4. WE EAT IS SO LONG

01:32 - 15.170 AS YOU MAINTAIN SECRECY CAN

01:32 - 15.790 VOTE BY MAIL.

01:32 - 18.350 NO NO NO YOUR HONOR THAT'S NOT

01:32 - 19.670 A NEW SEARCH IS TO GO AHEAD.

01:32 - 21.790 NO I'M I'M SAYING THAT THE.

01:32 - 24.310 >>THE METHOD OF VOTING THAT MAY

01:32 - 25.410 BE PRESCRIBED BY THE

01:32 - 26.240 LEGISLATURE.

01:32 - 29.360 >>IS THE MECHANISM THAT ALLOWS

01:32 - 31.300 VOTERS TO INDICATE WHAT THEIR

01:32 - 34.620 CHOICE IS. IT IS NOT

01:32 - 35.970 PLENARY AUTHORITY

01:32 - 37.990 TO IMPOSE WHATEVER KIND OF

01:32 - 39.770 ELECTION PROCEDURES THE

01:32 - 41.670 LEGISLATURE THINKS IS

01:32 - 42.410 APPROPRIATE.

01:32 - 45.270 >>I KIND OF SAID VOTING BY MAIL

01:32 - 46.090 WAS ONE OF THOSE

01:32 - 47.740 POSSIBLE METHODS, MAYBE I

01:32 - 50.640 MISHEARD YOU KNOW, I SAID I I

01:32 - 52.090 SAID. IT

01:32 - 54.590 BY VOICE IT MAYBE I MISSPOKE

01:32 - 56.380 AND MEANT TO MEAN THE VOTE A

01:32 - 58.280 VOTE THIS FOR THEM SO I JUST

01:32 - 58.940 STARTED.

01:32 - 00.410 >>LET ME LET ME JUST THE PROBE

01:33 - 01.650 THAT WITH ME FOR A MOMENT, THE

01:33 - 04.420 CASE I MEAN AN END WE'RE GOING

01:33 - 05.960 TO TAKE YOUR ARGUMENT, I MEAN

01:33 - 08.370 YOU SAY CHASE SCENES.

01:33 - 13.840 PRESENTED IN PERSON. YES, YOUR

01:33 - 14.140 HONOR.

01:33 - 17.570 >>WELL SECTION 4 ALLOWS

01:33 - 19.920 FOR A BALLOT TO BE PRESENTED

01:33 - 22.230 OTHERWISE. IF THERE ARE OTHER

01:33 - 24.700 MANNERS THAT OR PERMISSIBLE.

01:33 - 27.230 AND THAT'S WHY I READ

01:33 - 29.540 SECTION 4 I DO

01:33 - 33.270 SEE THAT AND AS A BRIDE GRANT

01:33 - 35.000 TO THE GENERAL GENERAL

01:33 - 38.960 ASSEMBLY. 2 I 2 WE

01:33 - 41.860 DETERMINE ANOTHER MANNER OF

01:33 - 43.900 PRESENTING A BALLOT IF IF

01:33 - 44.690 YOU'RE WORKING FROM THE

01:33 - 47.040 PROPOSITION THAT BALLOT MEANS

01:33 - 48.890 PRESENT IN PERSON PRESENT A

01:33 - 50.820 BALLOT IN PERSON. I READ

01:33 - 53.410 SECTION 4 TO SAY OR PRESENT THE

01:33 - 54.380 BALLOT. IN

01:33 - 55.100 ANOTHER MANNER.

01:33 - 56.930 >>I RESPECTFULLY DISAGREE WE

01:33 - 58.420 HAD TO DO WITHOUT LOSING

01:33 - 59.670 JUSTICE DONE IS QUESTION.

01:34 - 01.260 IF YOU READ IT DIFFERENTLY YOU

01:34 - 02.800 VIOLATE ARTICLE ONE SECTION 4

01:34 - 04.530 THE FEDERAL CONSTITUTION SO

01:34 - 05.640 BUT WITH THAT ANSWER THE

01:34 - 06.970 QUESTION OF I I RESPECTFULLY

01:34 - 08.040 DISAGREE WITH THE INTERPRETER

01:34 - 09.260 WITH JUST STARTING HIS

01:34 - 11.570 INTERPRETATION OF I'VE SECTION

01:34 - 13.110 4 I THINK THAT THE.

01:34 - 16.980 THAT ARCTIC THAT SECTION 4

01:34 - 18.890 SHOULD BE READ COMES TO BE

01:34 - 21.130 CONSISTENT IF THE WITH

01:34 - 22.810 SECTION ONE AND IN PARTICULAR

01:34 - 23.770 WITH THIS COURT'S

01:34 - 25.560 INTERPRETATION OF SECTION ONE

01:34 - 27.680 THAT THE SECTION ONE

01:34 - 29.900 ESTABLISHES WHO MAY VOTE AND

01:34 - 30.970 WHERE THEY MAY VOTE.

01:34 - 33.660 SECTION 4 SAYS ONCE YOU GET TO

01:34 - 34.960 THE POLLING PLACE. HERE'S HOW

01:34 - 36.260 YOU RECORD YOUR VOTE. I

01:34 - 37.470 THINK THEY DEAL WITH ENTIRELY

01:34 - 39.740 DIFFERENT TOPICS THAT'S GROPING

01:34 - 40.870 WITH IT BECAUSE YOU KNOW YOU

01:34 - 43.070 EITHER EITHER PAY CHASE ON ITS

01:34 - 44.140 TASTE READ OUT

01:34 - 44.600 THE CASE.

01:34 - 46.600 >>CHASE SAYS THAT THE BALLOT

01:34 - 48.110 CAST TO BE PRESENT IT IN

01:34 - 48.600 PERSON.

01:34 - 51.470 I MEAN AND AND SO I'M

01:34 - 53.280 TAKING THAT THAT SHOULD MEAN A

01:34 - 55.280 BALLOT IS PRESENTED IN PERSON I

01:34 - 57.170 CAN LOOK AT SECTION 4.

01:34 - 00.500 AND IT SAD IS THAT THE GENERAL

01:35 - 03.260 ASSEMBLY CAN DETERMINE ANOTHER

01:35 - 05.310 MANNER IN WHICH A VOTE

01:35 - 07.670 CAN BE AT A BALLOT CAN BE

01:35 - 09.800 PRESENT IT I DON'T THINK I

01:35 - 12.870 YOU KNOW IT CHANGED WHAT IT HAS

01:35 - 15.850 BEEN A PARTICLE I SECTION $0.4

01:35 - 17.280 WITH ITS ALLIES AND.

01:35 - 20.150 I CAN'T READ I CANNOT READ

01:35 - 22.680 ARTICLE 4 TO 6. GRASSLEY.

01:35 - 25.350 PROHIBIT. A BALLOT

01:35 - 27.300 BY MAIL. I MEAN AND THAT'S

01:35 - 29.040 ESSENTIALLY THE POSITION THAT

01:35 - 31.580 WE'RE PUTTING IN GIVEN OUR

01:35 - 32.750 YOU KNOW

01:35 - 35.620 CONSTITUTIONAL INTERPRETATION.

01:35 - 38.400 >>WELL OUR OUR CLAIM IS NOT

01:35 - 40.520 THAT SECTION 4 EXPLICITLY

01:35 - 42.070 PRECLUDES IT'S THAT SECOND ONE.

01:35 - 44.030 WHAT DOES IT. YEAH WELL THAT'S

01:35 - 45.230 IT, YES YOUR HONOR THAT'S

01:35 - 46.260 EXACTLY MY POINT

01:35 - 47.390 IS THAT WE SHOULDN'T READ

01:35 - 49.480 SECTION FOR TO ABROGATE THIS

01:35 - 50.800 COURT'S DECISION ABOUT SECTION

01:35 - 52.570 ONE. THAT THERE'S NOTHING THAT

01:35 - 54.300 I READ IT IN SECTION 4 THAT

01:35 - 55.930 SAYS ANYTHING ABOUT ALLOWING

01:35 - 57.140 METHODS OF VOTING THAT ARE

01:35 - 59.130 OTHER THAN IN PERSON. THE ONLY

01:35 - 00.950 EXCEPTIONS THAT OUR IN SECTION

01:36 - 02.770 14 AND I DO WANT TO MAKE

01:36 - 04.190 ANOTHER POINT ABOUT

01:36 - 08.270 WHY APPELLANTS BROAD READING OF

01:36 - 10.100 THIS SO CALLED PLENARY POWER

01:36 - 11.490 THAT THAT IS SUPPOSEDLY IN

01:36 - 13.350 SECTION 4 DOESN'T EXIST.

01:36 - 14.370 WE COMPARE THE

01:36 - 16.170 LANGUAGE THAT APPELLANTS ARE

01:36 - 17.910 FOCUSING ON THAT ONE WORD THAT

01:36 - 19.450 THEY CHERRY PICK OUT OF CONTEXT

01:36 - 21.160 THIS METHOD IN SECTION

01:36 - 23.880 4 COMPARE THAT TO THE OPENING

01:36 - 26.460 LANGUAGE OF SECTION 6.

01:36 - 29.070 WHICH SAYS IT WILL SECTION

01:36 - 31.470 FORCES BY BALLOT OR OTHER BITE

01:36 - 32.650 SUCH OTHER METHOD AND THEY

01:36 - 32.830 THINK

01:36 - 34.920 THAT INCLUDES ALL MANNER OF

01:36 - 36.430 ELECTION PROCEDURES SECTION

01:36 - 37.710 6 SAYS QUOTE.

01:36 - 40.140 >>ALL LAWS REGULATING THE

01:36 - 41.540 HOLDING OF ELECTIONS.

01:36 - 44.080 UNQUOTE SHELL BE UNIFORM ACROSS

01:36 - 44.780 THE COMMONWEALTH.

01:36 - 47.750 SECTION

01:36 - 50.410 4 REALLY WAS MEANT TO INCLUDE A

01:36 - 52.220 PLENARY POWER TO PASS ALL

01:36 - 54.570 MANNER OF ELECTION PROCEDURES.

01:36 - 56.630 THERE WAS A MODEL FOR HOW TO

01:36 - 58.070 CONVEY THAT AUTHORITY TO

01:36 - 59.940 SECTIONS OVER IT COULD HAVE

01:36 - 01.710 USED IDENTICAL PHRASING AND IT

01:37 - 04.160 DIDN'T IT IS SIMPLY IMPLAUSIBLE

01:37 - 06.350 TO READ BY BALLOT OR

01:37 - 08.100 OTHER METHOD TO INCLUDE

01:37 - 09.640 AUTHORITY FOR PASSING WHATEVER

01:37 - 10.960 KIND OF ELECTION PROCEDURES THE

01:37 - 11.960 LEGISLATURE

01:37 - 12.730 WANTS.

01:37 - 15.330 >>WITH MATT MASKS ARE THE THE

01:37 - 15.730 WORST.

01:37 - 18.320 I JUST WANT TO MAKE SURE I

01:37 - 19.360 UNDERSTAND YOUR ARGUMENT.

01:37 - 21.500 YOUR ARGUMENT.

01:37 - 23.290 IS YOUR ARGUMENT THAT THE

01:37 - 24.810 LEGISLATURE DOESN'T HAVE THE

01:37 - 25.660 POWER.

01:37 - 29.020 MAIL

01:37 - 31.980 IN BALLOTING OR IS IT THAT THE

01:37 - 33.810 CONSTITUTION IS NOW WRITTEN

01:37 - 36.630 WHAT DOESN'T EXPRESSED THE

01:37 - 38.210 LEGISLATIVE WILL TO ALLOW FOR

01:37 - 38.970 MEN ABOUT HIM.

01:37 - 42.760 RIGHT MAKING A DISTINCTION

01:37 - 44.660 BETWEEN THE 2 LEGISLATURE COMES

01:37 - 47.130 OUT. NEXT WE CAN PASS IS A

01:37 - 48.590 CONSTITUTIONAL AMENDMENT.

01:37 - 51.200 PEOPLE PASS IT WE WANT MAY LYNN

01:37 - 52.550 BOWDEN BALLOTING AND WE'RE

01:37 - 54.230 NOT KIDDING. WHAT DO THEY HAVE

01:37 - 55.930 THE 3 BALL ABSOLUTELY THAT THEY

01:37 - 57.010 IF THERE'S A CONSTITUTIONAL

01:37 - 58.660 AMENDMENT THAT THAT'S WHAT THIS

01:37 - 00.480 COURT IN LANCASTER CITY SAID

01:38 - 01.760 SHOULD HAPPEN IT'S WHAT THE

01:38 - 02.570 PEOPLE OF

01:38 - 03.410 THIS COMMONWEALTH.

01:38 - 05.360 >>HAVE DONE SEVERAL TIMES WHEN

01:38 - 06.800 THEY HAVE WANTED TO EXPAND MAIL

01:38 - 08.670 IN VOTING. BEYOND WHAT CASE IN

01:38 - 10.380 LANCASTER CITY PERMITTED

01:38 - 12.400 THEY WROTE EXPLICIT EXCEPTIONS

01:38 - 14.290 INTO THE CONSTITUTION AND SAID

01:38 - 15.700 IF YOU CAN'T GET TO THE POLLS.

01:38 - 17.870 WHAT YOU'RE IN THESE CATEGORIES

01:38 - 18.900 YOU CAN VOTE ANY WAY

01:38 - 22.080 THE WHAT THE LEGISLATURE IS

01:38 - 23.470 DONE IN NEXT 77.

01:38 - 26.740 >>BUT AS A PLAYER YOU AND

01:38 - 28.370 AT THAT THAT'S CONSISTENT WITH

01:38 - 29.340 MY VIEW I THOUGHT YOU'RE

01:38 - 30.320 ARGUING DIFFERENT LISA,

01:38 - 33.200 THANK YOU. YOUR VIEW OF THE

01:38 - 35.100 HEADINGS OF THE SECTIONS

01:38 - 36.320 BECAUSE THEY WERE INFORMATIVE

01:38 - 38.920 TO ME WITH ARTICLE 7 SECTION

01:38 - 40.850 ONE SAYING QUALIFICATIONS OF

01:38 - 42.510 VOTERS AND IN

01:38 - 46.520 SECTION OR PARAGRAPH 3 OF THE

01:38 - 48.820 SECTION ONE SAYING IF YOU

01:38 - 50.720 RESIDE IN THE ELECTION DISTRICT

01:38 - 53.600 FOR 60 DAYS. YOU CAN VOTE THERE

01:38 - 54.710 DOESN'T SAY.

01:38 - 56.850 HOW YOU CAN VOTE THERE AND I

01:38 - 57.870 UNDERSTAND THAT'S ONE OF THE

01:38 - 58.790 ARGUMENTS BEFORE

01:38 - 01.470 THE COURT. BUT WHO CAN VOTE

01:39 - 02.290 WHO'S QUALIFIED

01:39 - 04.360 TO VOTE. AND THEN ARTICLE 7

01:39 - 05.840 SECTION FOR METHOD

01:39 - 07.590 OF VOTING. LET'S TELL YOU THAT

01:39 - 09.510 THE METHODS BY WHICH THE PEOPLE

01:39 - 11.240 WHO ARE QUALIFIED. UNDER

01:39 - 12.780 ARTICLE SECTION ONE WOULD VOTE

01:39 - 14.440 IT IS THAT THE WAY YOU SEE THIS

01:39 - 16.560 YOU SEE IT. THAT ARTICLE ONE

01:39 - 17.120 SECTION.

01:39 - 20.330 ARTICLE WHAT THEIR SECTION 1,

01:39 - 21.980 3, NOT

01:39 - 22.570 ONLY IS.

01:39 - 24.540 >>QUALIFICATION CLAUSE BUT ALSO

01:39 - 25.980 A MAN OR A VOTING LAWS.

01:39 - 27.620 >>WHY AS HIGH AS I

01:39 - 28.660 INDICATED I BELIEVE THAT

01:39 - 30.550 SECTION ONE NOT ONLY

01:39 - 31.970 ESTABLISHES WHO MAY VOTE BUT

01:39 - 32.590 WHERE.

01:39 - 36.840 THE THE SECTION HEADINGS THAT

01:39 - 37.900 YOUR HONOR REFERENCES

01:39 - 39.520 ARE THE SECTION HEADINGS OF THE

01:39 - 40.750 CURRENT CONSTITUTION, BUT THEY

01:39 - 42.360 WERE NOT SECTION HEADINGS WHEN.

01:39 - 45.320 OFFERED A VOTE LANGUAGE BECAME

01:39 - 46.880 PART OF THE CONSTITUTION IN

01:39 - 49.420 1838 AND THEY WERE NOT SECTION

01:39 - 50.210 HEADINGS WHEN THIS COURT

01:39 - 52.210 DECIDED WELL WHEN THIS COURT

01:39 - 54.780 DECIDED CHASED IN 1862, I

01:39 - 56.500 BELIEVE THE HEADING AT THE TIME

01:39 - 57.260 OF THE 8 WITH YOU OR

01:39 - 59.140 AGAINST YOU. I THINK IT'S FOR

01:39 - 00.800 ME. THE OF COURSE I WOULDN'T

01:40 - 04.080 MENTION THAT I BELIEVE THE

01:40 - 05.060 HEADING AT THAT

01:40 - 06.850 TIME IN 1838 WAS ELECTION

01:40 - 09.470 FRANCHISE OR SOMETHING TO THAT

01:40 - 12.030 EFFECT WHICH IS IS A MUCH

01:40 - 13.510 BROADER TERM THEN

01:40 - 15.880 QUALIFICATIONS OF ELECTORS.

01:40 - 18.140 IN ANY EVENT ONCE THIS COURT

01:40 - 20.400 HAS INTERPRETED THE PHRASE IN

01:40 - 22.820 1862 THAT THE

01:40 - 24.100 NATURAL PRESUMPTION, THE

01:40 - 25.090 PRESUMPTION THE COURTS

01:40 - 26.410 THROUGHOUT THE COUNTRY HAVE

01:40 - 29.040 HAVE HAVE FOLLOWED IS THAT

01:40 - 30.350 IF YOU WANT TO CHANGE THE

01:40 - 32.750 ESTABLISHED MEANING OF A LEGAL

01:40 - 33.100 TERM

01:40 - 35.370 OF ART, YOU AMEND THE TERM OF

01:40 - 36.570 ART OR OTHERWISE DO SO

01:40 - 38.410 EXPLICITLY THE ARGUMENT ON THE

01:40 - 38.600 OTHER

01:40 - 41.270 SIDE DEPENDS ON REPEALS BY

01:40 - 42.760 IMPLICATION REPEALED BY THIS

01:40 - 44.120 AMBIGUOUS LANGUAGE IN SECTION

01:40 - 46.550 4 REVEALS FROM IMPLICATION BY

01:40 - 47.780 GOING FROM A DISH ALLEN

01:40 - 49.610 SECTION, 14 AND WHATNOT.

01:40 - 52.210 HAD THE PEOPLE WANTED TO GET

01:40 - 52.560 RID OF

01:40 - 55.520 THIS COURT'S 160 YEAR-OLD

01:40 - 57.550 NOW PRECEDENT IT COULD HAVE

01:40 - 58.620 DONE IS THAT PEOPLE COULD HAVE

01:40 - 00.610 DONE SO BY AMENDING THE

01:41 - 02.220 PROVISION OF THE CONSTITUTION

01:41 - 03.560 THAT THIS COURT INTERPRET IT

01:41 - 06.150 HOW CAN I ASK YOU AS WHEN WE

01:41 - 08.870 INTERPRET. WHAT

01:41 - 09.870 IF ANYTHING.

01:41 - 12.000 >>CHASE IN LANCASTER CITY

01:41 - 15.140 NEED TODAY. IS IT IMPORTANT FOR

01:41 - 17.010 US TO TAKE INTO ACCOUNT.

01:41 - 19.340 THAT NEITHER OF THEM WERE

01:41 - 21.780 CALLED TO PASS A PINEY A MALE

01:41 - 24.670 STATUE, A MAIL BALLOT STATUE

01:41 - 25.150 WITH THE WORDS

01:41 - 28.010 THAT CHASE WAS DEALING WITH THE

01:41 - 29.950 MILITARY CAMPS ISSUE

01:41 - 32.270 AND THEN. LANCASTER CITY WAS

01:41 - 33.520 DEALING WITH THE MILITARY

01:41 - 34.750 ABSENTEE VOTING.

01:41 - 36.990 AMENDMENT THAT HAVE BEEN

01:41 - 41.620 I WONDER AS WE INTERPRET WHAT

01:41 - 43.510 THOSE CASES SAID AGAINST THE

01:41 - 45.120 LANGUAGE OF OUR CONSTITUTION.

01:41 - 47.610 IS IT IMPORTANT FOR US TO TAKE

01:41 - 48.810 INTO ACCOUNT. THEY WEREN'T.

01:41 - 51.180 CALLED THE PASS UPON A

01:41 - 52.630 SITUATION LIKE WE HAVE HERE

01:41 - 55.050 WITH THIS MALE STATUTE.

01:41 - 56.450 >>NO YOUR HONOR I DON'T BELIEVE

01:41 - 58.820 SO I THINK THAT THE IN THE

01:41 - 00.840 FIRST PLACE. THE

01:42 - 01.810 THE BALLOTS HAD TO BE

01:42 - 03.500 TRANSMITTED FROM THOSE MILITARY

01:42 - 04.730 CAMPS TO

01:42 - 06.780 PENNSYLVANIA, WHY SOME KIND OF

01:42 - 08.840 COURIER ANYWAY WHETHER THE U.S.

01:42 - 11.900 MAIL IS USED OR FEDERAL EXPRESS

01:42 - 13.110 OR ANY OTHER KIND OF CAREER.

01:42 - 14.670 I DON'T THINK MAKES ANY KIND OF

01:42 - 18.180 DIFFERENCE AND SECONDLY THAT

01:42 - 20.660 THE COURT IN CHASE DID NOT SAY

01:42 - 21.570 THAT

01:42 - 24.090 THAT WE DID NOT SAY THE BALLOT

01:42 - 25.940 CANNOT BE SENT BY MILITARY

01:42 - 27.530 COURIER. THE QUOTE WAS THE

01:42 - 30.080 BALLOT CANNOT BE SENT BY MAIL

01:42 - 32.490 AND SO EVEN IF THAT CASE DID

01:42 - 34.170 NOT SPECIFICALLY INVOLVE

01:42 - 36.160 TRANSPORTATION BY THE POST

01:42 - 38.360 OFFICE. THE COURT UNDERSTOOD

01:42 - 40.070 ITS HOLDING TO INCLUDE

01:42 - 41.430 TRANSPORTATION BY THE POST

01:42 - 41.950 OFFICE.

01:42 - 46.460 >>WE'RE AWARE THAT WE SHOULD

01:42 - 48.060 LOOK AT THE INTENT.

01:42 - 51.100 THE DRAFTERS SO LET'S GO BACK

01:42 - 54.150 TO THE 1938 CONVENTION, 1838

01:42 - 55.490 THE MEASURE TO POLITICS.

01:42 - 57.600 MY UNDERSTANDING IS THAT THERE

01:42 - 00.230 WAS. LIVELY DEBATE

01:43 - 02.780 WITH REGARD REGARDING THE

01:43 - 05.350 QUALIFICATIONS OF THE VOTER AND

01:43 - 06.990 THEY WERE TRYING TO.

01:43 - 09.930 THE VERY CONSISTENT WITH THE 76

01:43 - 12.590 CONSTITUTION OF HAVING

01:43 - 14.030 THOSE WHO ARE FROM THE

01:43 - 15.740 COMMUNITY INTERESTED IN VOTING

01:43 - 16.970 FOR THE COMMUNITY, THE EXACT

01:43 - 19.520 LANGUAGE. I HAD TO COMMENTED

01:43 - 20.340 WAS.

01:43 - 26.070 FREEMEN HAVING A SUFFICIENT

01:43 - 27.790 EVIDENCE COMMON INTEREST WITH

01:43 - 29.420 AN ATTACHMENT TO THE COMMUNITY

01:43 - 31.240 HAVE A RIGHT TO ELECT OFFICERS

01:43 - 32.750 OR TO BE ELECTED AND OFFICES.

01:43 - 34.970 >>AND THAT IS FROM THE 76

01:43 - 36.780 CONSTITUTION AND THEIR ARGUMENT

01:43 - 38.080 REGARDING SUFFRAGE INTELLECT OR

01:43 - 40.920 QUALIFICATION WAS THE FOCUS.

01:43 - 45.500 THIS REQUIREMENT NOW WELL FOR

01:43 - 47.140 THE VOTE. MY UNDERSTANDING

01:43 - 49.640 WAS NEVER EVEN ENTERED INTO THE

01:43 - 52.720 38 CONVENTION. ON TO.

01:43 - 55.900 INTERESTINGLY DELICATE

01:43 - 57.870 WOODWARD LATER TO BE THAT

01:43 - 59.250 JUSTICE WOODWARD.

01:43 - 01.310 >>GAVE AN IMPASSIONED SPEECH ON

01:44 - 04.310 JANUARY 1919 38 DEMANDING THAT

01:44 - 06.910 ONLY WHITE MEN. HAVE THE RIGHT

01:44 - 07.510 TO VOTE.

01:44 - 11.820 SUBSEQUENT TO THE PASSING

01:44 - 13.910 OF THE RACIAL DISCRIMINATION.

01:44 - 16.920 IS IT THEN ENTERED AFTER

01:44 - 19.130 ANOTHER PASSION, THAT IN

01:44 - 19.710 ATHENS.

01:44 - 23.490 SO THAT WE GET AN UNDERSTANDING

01:44 - 24.110 WHAT HE MEANT.

01:44 - 26.920 THE LANGUAGE OVER THE VOTE CAME

01:44 - 27.140 IN

01:44 - 29.630 EVERY SAID WHITE MEN WILL NOT

01:44 - 30.980 CONSENT TO THE SELF THE

01:44 - 32.700 BASEMENT WITH POLITICAL AND

01:44 - 34.990 SOCIAL EQUALITY, WHICH WOULD

01:44 - 36.860 THAT THEY WOULD THEN IMPLIED.

01:44 - 39.610 HE SAID MY GOSH RESCUER

01:44 - 41.390 INSTITUTION. AND HE

01:44 - 44.330 ALSO INDICATED. NO SIR THERE

01:44 - 46.550 THEY ARE A CAST WITH WHOM WE

01:44 - 48.230 NEVER CAN AND HAVE THE KIND OF

01:44 - 49.710 IN THE CORPS WHICH CAN ALONE

01:44 - 52.430 QUALIFY THEM TO VOTE THAT BEING

01:44 - 54.110 SAID SHARE WITH ME.

01:44 - 57.400 WITH UNDERSTANDING THE INTENT

01:44 - 59.240 OF THOUGH. PEOPLE

01:44 - 00.830 WHO WROTE THIS CONSTITUTION

01:45 - 03.840 WHERE YOU GET THE POSITION THAT

01:45 - 06.290 FOR TO VOTE THE WALLS

01:45 - 08.200 IN-PERSON ELECTION WHEN IT

01:45 - 09.380 WAS ALL DISCUSSING THE

01:45 - 10.950 QUALIFICATIONS AND THE

01:45 - 13.150 EXCLUSION OF AFRICAN-AMERICANS

01:45 - 15.220 FROM VOTING. THAT'S WHAT THE

01:45 - 17.810 INTENT WAS SO AND YOUR PAPER

01:45 - 19.370 TOWELS US TO LOOK AT YEARS

01:45 - 21.410 OF PRECEDENT AS WELL AS THE

01:45 - 22.700 INTENT AND MEANING.

01:45 - 25.580 THE PEOPLE WHO DRAFTED THIS

01:45 - 27.300 LANGUAGE. SO I'M HAVING A

01:45 - 28.800 CONFLICT WITH YOUR POSITION

01:45 - 29.620 UNLIKELY PLACE.

01:45 - 31.750 >>THANK YOU YOUR HONOR THE THE.

01:45 - 34.630 >>THE AS THIS COURT HAS SAID

01:45 - 35.840 NUMEROUS TIMES.

01:45 - 38.250 THE LANGUAGE OF THE PROVISION

01:45 - 40.140 IS THE BEST EVIDENCE OF

01:45 - 42.110 THE INTENT OF THAT PROVISION

01:45 - 44.170 CERTAINLY JUSTICE WOODWARD

01:45 - 46.380 HAVING BEEN IN THE CONVENTION

01:45 - 47.480 WOULD HAVE UNDERSTOOD WHAT

01:45 - 49.460 OFFER TO VOTE MEANS AND WOULD

01:45 - 51.050 HAVE UNDERSTOOD IT BETTER THAN

01:45 - 52.840 ICE NOW LOOKING AT ABOUT A 100

01:45 - 54.920 YEARS NEXT. WITH THAT.

01:45 - 56.990 >>FROM LOOKING AT THE INTENT OF

01:45 - 59.160 THE DELICATE WOODWARD.

01:45 - 01.570 HE JUST WANTED TO MAKE SURE

01:46 - 03.350 THAT VOTING WAS TO FREE

01:46 - 05.880 WEIGHTMAN SO THAT'S WHERE I'M

01:46 - 08.080 STRUGGLING WITH HOW IN HIS

01:46 - 10.750 DESIRE AND STATEMENTS THAT ARE

01:46 - 11.420 RECORDED.

01:46 - 13.490 BUT HE ONLY WANTED THE VOTE TO

01:46 - 15.740 BE WEIGHTMAN HE NEVER SAID THAT

01:46 - 16.660 THE VOTE IN PERSON.

01:46 - 19.080 >>THE RESTRICTION OF THE

01:46 - 21.020 FRANCHISE TO WHITE MALE

01:46 - 22.990 TAXPAYERS WAS ACCOMPLISHED

01:46 - 23.870 FIGHT OTHER

01:46 - 26.150 CONSTITUTIONAL LANGUAGE THAN

01:46 - 27.810 THE ONE THEN THE PHRASE THAT

01:46 - 29.200 WAS INTERPRETED IN CHASE FOR

01:46 - 30.740 SAYS MILLER WE DIDN'T NEED

01:46 - 31.890 OFFERED TO VOTE

01:46 - 33.590 TO RESTRICT THE FRANCHISE TO

01:46 - 35.150 WHITE MEN, THE CONSTITUTION

01:46 - 36.680 SAID EXPLICITLY AT A TIME

01:46 - 38.460 OF COURSE PRIOR TO THE END OF

01:46 - 39.800 THE CIVIL WAR PRIOR TO THE

01:46 - 41.540 PASSAGE OF THE 13TH 1413TH AND

01:46 - 43.200 15TH AMENDMENTS PRIOR TO THE

01:46 - 44.740 AMENDMENTS OF THIS THE

01:46 - 45.920 COMMONWEALTH'S CONSTITUTION

01:46 - 48.620 THAT THAT. REMOVED THOSE KINDS

01:46 - 49.480 OF RESTRICTIONS BUT

01:46 - 51.680 THAT THEY WERE BUILT INTO THE

01:46 - 53.220 CONSTITUTION AND EXPLICIT

01:46 - 54.850 LANGUAGE WE DIDN'T NEED OFFERED

01:46 - 56.360 TO VOTE TO ACCOMPLISH THE SAME

01:46 - 56.620 KIND

01:46 - 58.910 OF OBJECTIVES WITH THE COUNCIL

01:46 - 01.090 TO THE BEST WAY TO BE CERTAIN

01:47 - 03.280 THAT NO ONE BUT A FREE WHITE

01:47 - 05.200 MAN BOTH SAYS MAKE THE VOTERS

01:47 - 07.120 SHOW UP AT THE VOTING PLACE.

01:47 - 10.190 >>I KNOW

01:47 - 11.950 NOBODY, NO BLACK PERSON IS

01:47 - 14.190 GOING TO SNEAK MY WOMAN IS

01:47 - 15.290 GOING TO SNEAK IN.

01:47 - 17.230 IF YOU HAVE TO SHOW UP AT THE

01:47 - 18.760 POLLS AND PRESENT YOUR BALLOT

01:47 - 20.490 AND I THINK I THINK THAT'S I

01:47 - 22.140 JUST THIS DAUGHERTY IS POINT TO

01:47 - 25.080 MEAN. IF THERE ANY

01:47 - 26.900 POLICY REASON FOR SHOWING UP TO

01:47 - 28.650 VOTE GETS TO EFFECTUATE THE

01:47 - 30.030 INTENT TO MAKE CERTAIN THAT

01:47 - 32.250 ONLY THE RIGHT PEOPLE WE TALKED

01:47 - 32.690 ABOUT.

01:47 - 35.150 >>I THINK THAT IT'S ENTIRELY

01:47 - 37.720 APPROPRIATE THAT THE

01:47 - 39.870 PEOPLE OF THE COMMONWEALTH TAKE

01:47 - 41.550 STEPS TO ENSURE THAT ONLY THE

01:47 - 43.120 PEOPLE WHO ARE QUALIFIED TO

01:47 - 45.430 VOTE ACTUALLY CAST A VOTE

01:47 - 47.790 AND YES APPEARING IN PERSON IS

01:47 - 49.650 ONE WAY OF ENSURING THAT NOW AT

01:47 - 51.900 THE TIME THE RESTRICTIONS WERE

01:47 - 53.380 MAKE SURE THAT YOUR WHITE MALE

01:47 - 55.900 PROPERTY OWNER, NOWADAYS THOSE

01:47 - 57.280 QUALIFICATIONS ARE GONE, BUT WE

01:47 - 58.950 STILL HAVE QUALIFICATIONS

01:47 - 00.910 ARTICLE ONE ESTABLISHES

01:48 - 02.420 QUALIFICATIONS IT DOESN'T SAY

01:48 - 03.330 WE'RE GOING TO TRY TO

01:48 - 05.130 MAXIMIZE THE NUMBER OF PEOPLE

01:48 - 06.300 WHO ARE VOTING IT SAYS THAT THE

01:48 - 07.830 FOLLOWING PEOPLE ARE ELIGIBLE

01:48 - 09.480 TO VOTE AND OTHERS AREN'T.

01:48 - 12.320 SHOW THAT HAVING A

01:48 - 13.580 PRESUMPTION SUBJECT TO

01:48 - 15.270 EXCEPTIONS IN SECTION 14 HAVING

01:48 - 17.590 A PRESUMPTION THAT VOTING IN

01:48 - 20.250 PERSON IS REQUIRED IS.

01:48 - 22.650 CONTINUES TO BE

01:48 - 25.220 SOME OUT OF GUARANTEE THAT THE

01:48 - 27.490 PEOPLE WHO DO CAST A VOTE.

01:48 - 30.760 QUALIFIED TO DO SO AND THE FACT

01:48 - 32.740 THAT WE WHAT IS YOUR SENSE OF

01:48 - 34.710 THE FACT THAT WE

01:48 - 36.280 NOW HAVE DIFFERENT

01:48 - 37.580 QUALIFICATIONS AND THAT WE HAVE

01:48 - 38.980 ABANDONED THE RACIST

01:48 - 40.710 QUALIFICATIONS THAT WERE IN THE

01:48 - 42.770 CONSTITUTION MAKING 38 DOESN'T

01:48 - 44.590 CHANGE THE FACT THAT OFFER TO

01:48 - 46.910 VOTE STILL ACCOMPLISHES AND

01:48 - 47.450 OBJECTIVE.

01:48 - 52.400 >>THE APPROXIMATE PERCENTAGE

01:48 - 52.730 FOR

01:48 - 55.720 THE NUMBER OF ABSENTEE VOTERS

01:48 - 57.130 WHO REGULARLY VOTE IN

01:48 - 59.470 ELECTIONS. WE'RE NOT COUNTING

01:48 - 01.270 MAIL IN NOT CONSIDERING ME ONE.

01:49 - 02.640 BUT PEOPLE WHO

01:49 - 05.540 ARE QUALIFIED AS ABSENTEE

01:49 - 07.380 VOTERS EITHER BY ILLNESS.

01:49 - 12.100 >>I'M SORRY YOUR HONOR I DON'T

01:49 - 13.120 KNOW THE NUMBER I KNOW THAT

01:49 - 15.670 IT'S IT'S A FAR. YES, BUT FAR

01:49 - 16.310 FEWER THAN

01:49 - 18.550 ACT 77 ALLOWS TO VOTE BY MAIL

01:49 - 19.980 WITHOUT EXCUSES FOR BUT IT'S

01:49 - 22.180 NOT INSUBSTANTIAL WE DON'T

01:49 - 24.250 >>ARE YOU THEN

01:49 - 25.560 IMPLYING THAT.

01:49 - 27.950 >>THOSE VOTERS ARE SOMEHOW OF

01:49 - 29.660 QUESTIONABLE QUALIFICATIONS.

01:49 - 32.200 >>NO YOUR HONOR I'M I'M NOT I'M

01:49 - 33.380 SAYING THAT.

01:49 - 34.110 >>THE.

01:49 - 37.420 WHAT THE PEOPLE

01:49 - 39.350 HAVE DONE IN SECTION ONE IN THE

01:49 - 41.780 ENTIRETY OF ARTICLE 7 IS TO

01:49 - 43.370 BALANCE DIFFERENT KINDS OF

01:49 - 45.430 CONSIDERATIONS. WE HAVE AN

01:49 - 47.870 INTEREST IN MAKING SURE THAT

01:49 - 49.200 THAT ELECTIONS

01:49 - 51.260 OPERATE FAIRLY AND THE PEOPLE

01:49 - 52.470 WHO ARE ENTITLED TO VOTE SHOULD

01:49 - 53.760 BE ABLE TO CAST THEIR VOTE

01:49 - 55.680 WITHOUT UNDUE HINDRANCE WE ALSO

01:49 - 56.710 HAVE AN INTEREST

01:49 - 58.190 IN MAKING SURE THAT PEOPLE WHO

01:49 - 59.410 ARE NOT ELIGIBLE DON'T CAST

01:49 - 00.700 VOTES NOW WHAT THE PEOPLE HAVE

01:50 - 02.540 DONE IS TO SAY

01:50 - 04.100 WE'RE GOING TO BALANCE THOSE

01:50 - 06.640 AND WE'RE GOING TO ACCEPT SOME

01:50 - 09.840 RISK THAT PEOPLE WHO

01:50 - 11.760 FILL OUT ABSENTEE

01:50 - 13.590 VOTES WILL BE SUBJECT TO

01:50 - 16.150 INTIMIDATION BY FAMILY MEMBERS

01:50 - 16.840 OR OTHERS.

01:50 - 19.320 WE WOULD LIKE TO GET RID OF ALL

01:50 - 20.640 OF THOSE KINDS OF CONCERNS WE

01:50 - 23.050 CAN'T BUT ON BALANCE WE THINK

01:50 - 23.320 THAT THE

01:50 - 25.560 COST OF PREVENTING THOSE PEOPLE

01:50 - 27.290 FROM VOTING ARE TOO HIGH.

01:50 - 29.150 BUT THAT'S A DIFFERENT STORY

01:50 - 31.160 FROM SAYING THAT WE SHOULD

01:50 - 32.920 ABANDON IN-PERSON VOTING

01:50 - 34.950 ENTIRELY JUST BECAUSE WE WERE

01:50 - 36.300 WILLING TO MAKE SOME

01:50 - 38.410 CONCESSIONS. 2 PEOPLE WHO ARE

01:50 - 40.260 UNAVOIDABLY ABSENT FROM NO ONE

01:50 - 42.000 HAS SUGGESTED ABANDONING IN

01:50 - 42.550 PERSON.

01:50 - 44.560 I KNOW I MEAN ABANDONING THE

01:50 - 45.700 REQUIREMENT OF IN-PERSON

01:50 - 46.080 VOTING.

01:50 - 51.820 >>I THINK WE UNDERSTAND YOUR

01:50 - 53.330 ARGUMENT YOU MADE IT VERY WELL.

01:50 - 55.880 YOU MAY THINK OF LIKE THE SAME

01:50 - 56.520 CONCLUSION.

01:50 - 59.990 YOUR HONOR I'D LIKE

01:51 - 03.220 I THERE IS THERE IS ONE ITEM

01:51 - 04.140 THAT I DIDN'T GET TO WITH

01:51 - 05.100 RESPECT TO.

01:51 - 07.950 >>2 SECTION 14. AND THE THE

01:51 - 11.820 CHANGE FROM TO SHELL THAT.

01:51 - 14.990 APPELLANTS WE PLACE A LOT OF

01:51 - 16.590 STRESS ON THE CHANGE.

01:51 - 19.330 FROM MAY 2 SHALL AND ARGUE THAT

01:51 - 20.270 BECAUSE THE CURRENT

01:51 - 22.260 CONSTITUTION SAYS

01:51 - 24.800 SHAO THAT THE EXPRESS CO

01:51 - 26.550 WINNING THIS ARGUMENT DOESN'T

01:51 - 28.570 WORK ANYMORE. I THINK IT STILL

01:51 - 30.000 DOES WORK.

01:51 - 32.750 BUT IT

01:51 - 34.630 UNQUESTIONABLY WORKS IN THE

01:51 - 36.000 APPELLANTS DON'T EVEN DISPUTED

01:51 - 38.590 UNQUESTIONABLY WORKS PRIOR TO

01:51 - 39.870 1967.

01:51 - 43.250 PRIOR TO 1967 1 SECTION 14

01:51 - 45.400 ALLOWED. BUT DID NOT REQUIRE.

01:51 - 47.700 THE PROVISION FOR ABSENTEE

01:51 - 49.080 VOTING FOR THE SPECIFICALLY

01:51 - 51.570 IDENTIFIED. CLASSES.

01:51 - 52.900 VOTERS

01:51 - 55.580 SECTION 14 WOULD HAVE BEEN

01:51 - 58.810 COMPLETELY SUPERFLUOUS UNDER

01:51 - 01.030 APPELLANTS READING OF SECTIONS

01:52 - 01.910 ONE IN 4.

01:52 - 06.500 SECTION 4 IS METHOD OF

01:52 - 08.520 VOTING PROVISION. WE GAVE THE

01:52 - 10.370 LEGISLATURE PLENARY AUTHORITY

01:52 - 12.930 TO CREATE OPPORTUNITIES FOR

01:52 - 14.910 MAIL IN VOTING FOR ANY CLASS OF

01:52 - 15.580 PEOPLE THAT THE

01:52 - 18.290 LEGISLATURE WANTED SECTION 14

01:52 - 21.460 UNTIL 19 SEC 67. ACCOMPLISHED

01:52 - 23.570 ABSOLUTELY NOTHING.

01:52 - 30.010 THAT THAT INTERPRETATION OF

01:52 - 31.730 SECTION 4 THE INTERPRETATION OF

01:52 - 33.130 SECTION ONE CANNOT BE CORRECT

01:52 - 33.630 COUNCIL.

01:52 - 35.680 >>LET'S LET'S LOOK AT THAT

01:52 - 37.150 ARGUMENT SECTION 14

01:52 - 38.980 SPECIFICALLY INDICATES THEY'RE

01:52 - 41.290 ABSENT FROM THEIR ELECTION

01:52 - 43.740 FIXED. THE ELECTION DISTRICT.

01:52 - 44.860 THAT'S THE.

01:52 - 47.600 THAT'S THE EPITOME OF SECTION

01:52 - 48.070 14.

01:52 - 50.530 SECTION 4 PROVIDES OTHER

01:52 - 51.790 METHODS AS PROVIDED BY THE

01:52 - 52.660 GENERAL ASSEMBLY.

01:52 - 55.470 WE'VE INDICATED THE CONCEPT

01:52 - 56.780 BEHIND METHODS WAS TO PROTECT

01:52 - 58.660 SECRECY AND AND MAKE SURE THAT

01:52 - 59.910 WE HAVE QUALIFICATIONS

01:53 - 02.300 I'M NOT FOLLOWING YOUR ARGUMENT

01:53 - 04.030 BECAUSE MALE WHEN IT'S

01:53 - 06.410 ACT 77 IS NO EXCUSE

01:53 - 08.250 FOR VOTING. AS OPPOSED TO

01:53 - 10.120 ABSENT FROM THE ELECTION DICK'S

01:53 - 13.410 DISTRICT. IT IS. COMPARING

01:53 - 15.090 APPLES TO ORANGES HOW CAN YOU

01:53 - 18.420 SAY. NO EXCUSE

01:53 - 20.090 FOR VOTING. EQUALS ABSENTEE

01:53 - 20.670 BALLOT.

01:53 - 23.090 WHAT I'M SAYING YOUR HONOR IS

01:53 - 24.340 THE IMAGINE THAT.

01:53 - 27.080 THAT WE HAVE TO FIGURE OUT

01:53 - 27.590 WHAT.

01:53 - 28.930 >>WHAT AUTHORITY THE

01:53 - 30.740 LEGISLATURE HAS UNDER SECTION

01:53 - 32.450 4. THIS PROVISION THAT

01:53 - 34.000 AUTHORIZES THE LEGISLATURE TO

01:53 - 37.260 PRESCRIBE. BY BALLOT OR

01:53 - 39.170 BY OTHER METHOD OF VOTING.

01:53 - 41.320 WHAT I'M SAYING IS THAT IF

01:53 - 43.690 THAT AUTHORITY WE INCLUDED THE

01:53 - 45.340 ABILITY. 2

01:53 - 48.550 ALLOW ALL VOTERS OF THE

01:53 - 50.500 COMMONWEALTH TO VOTE BY MAIL

01:53 - 52.540 WHICH IS WHAT THE ARGUMENT IS.

01:53 - 54.900 AND THERE WOULD HAVE BEEN NO

01:53 - 57.430 REASON FOR THE PEOPLE TO SAY IN

01:53 - 59.210 SECTION 14. YOU KNOW THE

01:53 - 01.390 LEGISLATURE IF IT WANTS IT

01:54 - 03.690 CAN OFFER THESE CLASSES OF

01:54 - 04.950 PEOPLE THE OPPORTUNITY TO VOTE

01:54 - 05.440 BY MAIL.

01:54 - 08.390 THAT'S THAT'S THE.

01:54 - 10.120 >>THE ARGUMENT THAT I'M NOT

01:54 - 11.820 SURE I UNDERSTAND IT I

01:54 - 13.530 THINK BECAUSE IT'S NOT SELF

01:54 - 15.060 EXECUTING ITS OF LEGISLATURE

01:54 - 16.270 YOU CAN DO THAT PERHAPS IT

01:54 - 18.300 WAS JUST AN EXPRESSION THAT WE

01:54 - 20.010 WOULD LIKE YOU TO DO IT IN

01:54 - 22.380 68 RATHER THAN SO WE WOULD LIKE

01:54 - 23.790 YOU TO DO SAID YOU MUST DO IT,

01:54 - 25.280 BUT THE LEGISLATURE STILL ASK

01:54 - 25.710 YOU.

01:54 - 29.230 AND THAT'S THE METHODOLOGY

01:54 - 30.610 BUT APPELLANTS ARE ARGUING THAT

01:54 - 31.910 THEY HAD THAT AUTHORITY ANYWAY.

01:54 - 34.100 I THINK THEY PROBABLY DID THEY

01:54 - 35.090 GET IN THEY STILL DO.

01:54 - 38.400 >>I FOLLOW A PROFESSOR THERE

01:54 - 39.860 ARE OTHER INSTANCES.

01:54 - 43.170 IN EITHER

01:54 - 44.910 ARE FOR FEDERAL OR STATE

01:54 - 46.790 CONSTITUTION WHERE SUCH

01:54 - 49.440 ARGUABLE SURPLUS, IT EXISTS.

01:54 - 59.570 >>THE REASON THAT THERE IS A

01:54 - 01.800 CANNON AGAINST SURFACE AGE.

01:55 - 03.130 IT'S BECAUSE THAT KIND OF

01:55 - 04.780 READING IS DISFAVORED.

01:55 - 07.180 THERE ARE OF COURSE CERTAIN

01:55 - 08.870 INSTANCES, PARTICULARLY IN

01:55 - 11.150 STATUTES WHERE.

01:55 - 14.370 WHERE THE LEGISLATURE WILL

01:55 - 15.050 ADOPT WITH

01:55 - 17.130 THE APPELLANTS USED AS A

01:55 - 18.330 METAPHOR THE BELT AND

01:55 - 19.790 SUSPENDERS KIND OF RULE THAT

01:55 - 22.040 WILL WILL WRITE LANGUAGE THAT.

01:55 - 24.910 IN CASE WHAT WE SAID HERE

01:55 - 26.360 DOESN'T QUITE COVER EVERYTHING

01:55 - 27.790 WE'RE GOING TO USE SIMILAR.

01:55 - 28.350 >>PHRASING.

01:55 - 32.420 BUT IT IS A IT IS RARE TO THE

01:55 - 34.460 POINT OF TIME I NO

01:55 - 36.070 EXAMPLES COME TO MIND WHEN.

01:55 - 39.100 WHEN SECOND PROVISION WOULD BE

01:55 - 41.110 COMPLETELY UNNECESSARY

01:55 - 43.900 COMPLETELY SUBSUMED A BROADER

01:55 - 45.330 INTERPRETATION OF A DIFFERENT

01:55 - 46.860 AND EARLIER PROVISION.

01:55 - 49.910 THANK YOU VERY MUCH. THANK YOU

01:55 - 51.390 MISTER CHIEF TO ANY OTHER

01:55 - 52.150 QUESTIONS NOW.

01:55 - 00.320 >>THANK YOU MISTER CHIEF

01:56 - 02.230 I AM GREAT TO

01:56 - 04.360 FULL IT PLEASE THE COURT I HAVE

01:56 - 05.270 THE PRIVILEGE TODAY OF

01:56 - 07.190 REPRESENTING THE PETITIONERS

01:56 - 08.420 THE HOUSE OF REPRESENTATIVES

01:56 - 10.710 MEMBERS WHO ARE PARENTS ACROSS

01:56 - 12.010 THE COUNTY AS WELL TO GET THE

01:56 - 14.640 HONOR AND 1313 OTHER MEMBERS OF

01:56 - 15.810 THE PENNSYLVANIA HOUSE OF

01:56 - 18.310 REPRESENTATIVES. ON THAT

01:56 - 19.840 THERE'S A BASIC THEME WHEN WE

01:56 - 21.130 COME BACK TO IN START WITH

01:56 - 22.260 WHICH IS THAT THIS CASE IS

01:56 - 24.630 ABOUT 9 MILLION REGISTERED

01:56 - 26.550 PENNSYLVANIA VOTERS BEING

01:56 - 28.950 DISENFRANCHISED AND DENIED THE

01:56 - 31.190 RIGHT TO VOTE ON WHETHER TO

01:56 - 32.160 AMEND THE PENNSYLVANIA

01:56 - 34.850 CONSTITUTION TO ALLOW NO EXCUSE

01:56 - 35.750 MAIL IN VOTING.

01:56 - 36.950 >>THIS IS AN EPIC

01:56 - 38.890 SUCH A GOOD IDEA WHEN WHEN YOUR

01:56 - 40.600 CLIENT WHEN THE LEGISLATURE

01:56 - 43.170 PASSED IT AND NOW IT'S ALLEGED

01:56 - 44.500 TO BE UNCONSTITUTIONAL. WHAT

01:56 - 45.050 HAPPENED IN

01:56 - 45.570 THE MEANTIME.

01:56 - 46.980 >>WELL THANK YOU RUN OR ONE

01:56 - 48.490 CLARIFICATION TO MY CLIENTS

01:56 - 49.550 WERE IN THE LEGISLATURE WHEN

01:56 - 50.940 ACT 77 PASSING ONE OF THEM

01:56 - 52.400 VOTED AGAINST IT BUT BE THAT AS

01:56 - 54.100 IT MAY MY POINT HERE ABOUT

01:56 - 56.280 THE PEOPLE OF THE PENNSYLVANIA,

01:56 - 57.430 THE VOTERS THAN 9 MILLION

01:56 - 58.860 VOTERS, THEY HAVE A ROLE

01:56 - 00.610 IN AMENDING THE CONSTITUTION

01:57 - 01.750 AND IT IS NOT UP TO THE

01:57 - 03.150 LEGISLATURE TO CONTRADICT THE

01:57 - 04.820 WILL OF THE PEOPLE EXPRESSED IN

01:57 - 05.760 THE CONSTITUTION.

01:57 - 07.230 THEY HAD A ROLE NOT JUST THE

01:57 - 08.480 LEGISLATURE IN DRAFTING

01:57 - 10.510 THE CONSTITUTION AND IN

01:57 - 11.700 ACCEPTING THE AMENDMENTS OF THE

01:57 - 13.160 CONSTITUTION AS IT AS IT WAS

01:57 - 14.740 AMENDED SO THIS IS NOT UP TO

01:57 - 16.970 THE LEGISLATURE TO DECIDE THAT

01:57 - 18.850 ACT 77 IS CONSTITUTIONAL

01:57 - 20.380 IN THE FLYING IN THE FACE OF

01:57 - 20.920 THE LANGUAGE OF THE

01:57 - 22.470 CONSTITUTION IS DICTATED BY THE

01:57 - 24.470 PEOPLE IN THE LEGISLATURE AND

01:57 - 26.260 WE UNDERSTAND THAT MY QUESTION

01:57 - 26.700 WAS.

01:57 - 28.860 >>WHEN THE PENNSYLVANIA

01:57 - 30.580 LEGISLATURE, AN ACT TO

01:57 - 32.650 THIS ACT. THEY MUST HAVE

01:57 - 34.400 BELIEVED IT WAS CONSTITUTIONAL

01:57 - 36.360 AND WE WOULD FIND PRESUMPTIVELY

01:57 - 38.090 CONSTITUTIONAL UNLESS PROVED

01:57 - 40.520 OTHERWISE. WHAT HAPPENED

01:57 - 43.340 BETWEEN THEN AND NOW 4.

01:57 - 45.540 YOUR CLIENTS.

01:57 - 48.900 >>YEAH YOU WERE 11 RIGHT 11

01:57 - 50.260 THAT WERE IN THE LEGISLATURE

01:57 - 51.420 PROVE THAT THAT ARGUMENT

01:57 - 53.270 SCHOOLS. THEY THEY WOULDN'T BE

01:57 - 54.880 HERE CONTESTING THIS SORRY GO

01:57 - 56.340 AHEAD. THE QUESTION WAS.

01:57 - 58.540 >>WHAT HAPPENED BETWEEN THEN.

01:57 - 01.170 TO MAKE IT NOW.

01:58 - 02.800 >>ALLEGED TO BE AN CONSTANTLY

01:58 - 03.590 BECAME AWARE OF THE

01:58 - 04.910 CONSTITUTIONAL INFIRMITY OF ACT

01:58 - 06.510 77 THEY WERE IGNORANT OF IT AT

01:58 - 07.440 THE TIME THEY SIGNED IT

01:58 - 08.990 INTO LAW AND THAT THAT GIVES

01:58 - 10.230 THE LIKE THE ARGUMENT BECAUSE

01:58 - 11.770 70% OF THE LEGISLATURE VOTED IN

01:58 - 12.380 FAVOR OF IT,

01:58 - 13.720 THEY MUST AGREE WITH ALL OF

01:58 - 16.090 RESPONDENTS ARGUMENTS WHY THEY

01:58 - 18.210 WEREN'T AWARE. YOU ARE.

01:58 - 19.320 >>HOW MANY PEOPLE VOTED.

01:58 - 22.780 THAT WAS WHAT CHANGED THEIR

01:58 - 23.140 MIND.

01:58 - 26.360 NO YOUR HONOR IT IS AND IT'S

01:58 - 27.350 DUE TO THE CONSTITUTIONAL

01:58 - 28.430 INFIRMITY THAT THEY LATER

01:58 - 29.090 REALIZED.

01:58 - 30.990 >>AND THEY REGRET NOT REALIZING

01:58 - 32.490 AT THE TIME AND THEY NOW VIEW

01:58 - 33.330 IT AS THEIR DUTY

01:58 - 34.740 TO BRING BEFORE THIS COURT THE

01:58 - 36.070 CONSTITUTIONAL ISSUE TO CORRECT

01:58 - 36.760 THEIR MISTAKE

01:58 - 38.420 IN AN ACTING ON CONSTITUTIONAL

01:58 - 40.320 LAW MISTER TO FORCE WASHINGTON

01:58 - 42.420 TO SNOW FOR MONEY FOR MONEY.

01:58 - 45.000 >>THAT THEY RECOGNIZED EXACTLY

01:58 - 46.180 WHAT MISTER COMEY NOTICE

01:58 - 46.590 ARGUED.

01:58 - 48.140 >>I WOULD HAVE SOME

01:58 - 50.380 CLARIFICATION AS TO A PROFESSOR

01:58 - 51.990 TO YOU KNOW ARGUE IF THE COURT

01:58 - 53.370 WOULD PERMIT SO

01:58 - 55.240 NO I DON'T THINK YOU GOT TO

01:58 - 56.430 FULLY EXPRESS ALL THE ALL THE

01:58 - 58.710 BASICS BUT THE ONLY LIMITATION

01:58 - 00.860 ON THE ON AREA, ESPECIALLY WHEN

01:59 - 02.080 YOU DON'T GET

01:59 - 03.300 I WANT YOU DON'T GET TO DO

01:59 - 05.080 REBUTTAL. WOMAN WAS HE DIDN'T

01:59 - 06.720 GET TO SAY NO YOU'RE RIGHT I

01:59 - 08.050 HAVE ADDITIONAL CHARGES THAT WE

01:59 - 09.030 HAVE DIFFERENT ADDITIONAL

01:59 - 11.430 THOUGH THAT WOULD EXPRESS OUR

01:59 - 12.780 OUR OUR ARGUMENT THAT THE

01:59 - 14.460 LEGISLATURE IS CONSTRAINED IS

01:59 - 16.040 BASED ON A CHASE AND IN

01:59 - 18.230 LANCASTER IN ON SECTION ONE AS

01:59 - 20.610 THE LIMITATION ON WITH THE

01:59 - 22.190 QUALIFICATIONS OF VOTERS

01:59 - 23.970 AND THE QUALIFICATIONS AND

01:59 - 26.040 VOTERS INCLUDE THAT YOU IN

01:59 - 27.790 PERSON OFFERED TO VOTE THAT IS

01:59 - 28.790 PART OF THE DEFINITION OF THE

01:59 - 30.110 QUALIFICATION OF VOTERS THAT

01:59 - 31.520 THEY HAVE THAT ACTION OF

01:59 - 33.210 PRESENTING THE FIRST TO GIVE

01:59 - 33.440 YOU

01:59 - 34.960 SOME OPPORTUNITY.

01:59 - 36.880 >>YEAH, BUT VERY RESPECTFULLY

01:59 - 38.500 THAT'S THE PRECISE ARGUMENT WE

01:59 - 40.210 JUST SPENT AN HOUR. YES, YOUR

01:59 - 42.460 HONOR. WE HONOR

01:59 - 43.130 YOUR HONOR,

01:59 - 45.130 YEAH AND FAIR TO YOUR FRIENDS

01:59 - 46.720 ON THE OTHER SIDE AND FRANKLY

01:59 - 47.580 THE U.S. THAT.

01:59 - 49.590 SO LISTEN TO IT AGAIN AND AND

01:59 - 51.370 FRANKLY WE UNDERSTAND WE ASK A

01:59 - 52.750 LOT OF QUESTIONS THAT WE DO.

01:59 - 54.850 WE STARTED HEART. LET ME

01:59 - 56.230 EXPLAIN YOUR HONOR IF I MAY

01:59 - 58.700 THAT THE THE OTHER SIDE FOR THE

01:59 - 59.970 FIRST TIME IN ORAL ARGUMENT,

01:59 - 01.120 YOU'LL NOTICE IT WASN'T IN THE

02:00 - 02.550 BRIEF YOUR HONOR BROUGHT UP THE

02:00 - 03.290 WORD VICTIM.

02:00 - 05.360 >>THE ACCUSED CHASE IS HOLDING

02:00 - 06.410 THAT OFFERED A VOTE MEANS

02:00 - 07.720 IN-PERSON VOTING WAS MERE

02:00 - 09.490 VICTIMS THAT IN FACT THE THE

02:00 - 09.980 BASES

02:00 - 12.350 FOR CHASE WAS THAT THEY WERE

02:00 - 13.410 TRYING TO HAVE VOTES IN THE

02:00 - 14.810 MILITARY AND CAMPING OUTSIDE OF

02:00 - 16.130 PENNSYLVANIA AND THAT'S REALLY

02:00 - 17.820 THE REALLY THE WHOLE THING AND

02:00 - 19.370 IT'S JUST DICK TO OFFER A VOTE.

02:00 - 20.960 BUT IF YOU ACTUALLY READ I'M

02:00 - 22.820 CHASE THROUGH THE

02:00 - 24.510 THEY DISCUSSED OFFER TO VOTE IN

02:00 - 25.480 THE MEANING OF OFFER THE VOTE

02:00 - 26.670 COMPLETELY DIVORCED FROM

02:00 - 28.790 DISCUSSION OF MILITARY CAMP AND

02:00 - 30.990 IT'S ONLY AFTER THEY EXPLAIN

02:00 - 32.150 THE MEANING PROMOTE AND THEY

02:00 - 33.070 LOOK YOUR HONOR TO THE

02:00 - 34.920 LEGISLATIVE HISTORY, NOT

02:00 - 36.920 LEGISLATIVE HISTORY. THAT JUST

02:00 - 38.230 A STARTING POINT IT OUT

02:00 - 40.960 OF YOU KNOW CERTAIN LEGISLATORS

02:00 - 41.890 WARNING PEOPLE TO SHOW UP IN

02:00 - 44.880 PERSON TO 2 IN CONFIRMED THAT

02:00 - 47.210 THEY'RE WHITE. BUT RATHER THE

02:00 - 48.350 LEGISLATIVE HISTORY, THERE WAS

02:00 - 50.030 A PHILADELPHIA REGISTRY LAW

02:00 - 51.690 THAT THE OFFER PROVISION WAS

02:00 - 53.110 BASED UPON AND THAT

02:00 - 55.350 PHILADELPHIA REGISTRY LAW IS IS

02:00 - 58.130 IF YOU'RE A NERD LIKE THE PAGE

02:00 - 58.560 NUMBER

02:01 - 02.240 >>USE.

02:01 - 07.190 >>5 TO 37

02:01 - 10.610 OF. OF A CHASE, YOU

02:01 - 11.080 KNOW ARE.

02:01 - 15.310 SO THAT'S A LEXUS FOR FOR 18

02:01 - 17.930 FOR 18 OR 19. YEAH, IT

02:01 - 19.540 TALKS ABOUT HOW

02:01 - 20.940 THE LATTER MEN THAT WAS

02:01 - 22.440 PROBABLY SUGGESTED BY THE

02:01 - 24.030 REGISTRY LAW WHICH WAS PASSED

02:01 - 24.110 IN

02:01 - 26.290 1836 FOR CITY AND COUNTY OF

02:01 - 27.180 PHILADELPHIA, THE MAIN

02:01 - 28.640 OBJECTIVE WHICH WAS TO IDENTIFY

02:01 - 29.540 THE LEGAL VOTER

02:01 - 31.050 BEFORE THE ELECTION CAME ON AND

02:01 - 32.270 TO COMPEL HIM TO OFFER HIS

02:01 - 33.800 VOTE. THE APPROPRIATE WORD OR

02:01 - 35.970 10 TOWNSHIP AND THEREBY TO

02:01 - 37.770 EXCLUDE DISQUALIFY PRETENDERS

02:01 - 39.040 AND FRAUDULENT VOTERS OF ALL

02:01 - 40.620 SORTS. SO

02:01 - 42.720 IF IT WAS IN THE MIND OF OF THE

02:01 - 44.510 JUDGES TO ALSO EXCLUDE VOTERS

02:01 - 45.620 WHO WEREN'T QUITE WELL THAT WAS

02:01 - 46.520 ONLY BECAUSE THAT WAS ONE OF

02:01 - 48.130 THE POFF OCCASIONS AT THE TIME

02:01 - 50.410 AND NOT NOT BECAUSE THAT SO.

02:01 - 53.640 THE JUST A START HE'S A

02:01 - 55.040 REFERENCE OF LEGISLATIVE HIS

02:01 - 57.700 DOCTORATE. DOCTOR T ONLY GUY I

02:01 - 01.240 APOLOGIZE FOR THAT I JUST

02:02 - 03.070 A FUNNY. I

02:02 - 05.000 WHEN IF IT

02:02 - 06.410 ONLY FEEDS INTO THE NOTION THAT

02:02 - 07.800 THEY THEY INTRODUCED OFFERED A

02:02 - 09.390 VOTE SPECIFICALLY TO REQUIRE

02:02 - 11.150 IN-PERSON VOTING THAT WAS THE

02:02 - 12.570 CORRECT INTERPRETATION OF WHAT

02:02 - 13.800 THEY MEANT AT THE TIME WHAT THE

02:02 - 15.230 PHRASE WITH THE FOUNDERS MEANT

02:02 - 16.020 BY INTRODUCING.

02:02 - 18.150 THEY WANTED TO IN PERSON VOTING

02:02 - 19.800 IN ORDER TO HELP VERIFY ALL THE

02:02 - 21.080 QUALIFICATIONS AND THAT THE

02:02 - 22.760 VOTE VOTER WASN'T FRAUDULENTLY

02:02 - 23.800 REPRESENTING HIMSELF TO BE

02:02 - 25.970 SOMEONE WHO THEY WERE. SO

02:02 - 28.910 >>I THINK I THINK WHAT YOU JUST

02:02 - 30.220 SAID IS KEY THEY WANTED TO

02:02 - 31.200 VERIFY THE CALLS.

02:02 - 33.190 PATIENTS, NOT THAT IT WAS A

02:02 - 35.250 QUALIFICATION CONCRETE APPEAR

02:02 - 37.290 IN PERSON. IT WAS THERE TO

02:02 - 37.980 VERIFY

02:02 - 39.050 THE QUALIFICATIONS.

02:02 - 40.830 >>CREDIT IS INCLUDED IN THE

02:02 - 42.650 QUALIFICATIONS THAT ONE PRESENT

02:02 - 44.340 ONESELF AND OFFERED TO VOTE

02:02 - 45.250 BEFORE ONE'S ALLOWED

02:02 - 47.090 TO VOTE. OFFERING THE VOTE IS

02:02 - 48.500 PART OF THE POOL FOR CATIONS

02:02 - 49.820 IT'S INCLUDED IN THE SECTION ON

02:02 - 51.180 QUALIFICATIONS BECAUSE IT IS A

02:02 - 53.260 BALTIC IT'S IT'S NOT.

02:02 - 54.740 >>THERE TO VERIFY

02:02 - 56.240 QUALIFICATIONS YOU'RE