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Legislature responsible for election laws, not courts

In light of the events of the last several years, it shouldn’t be too surprising if we all often ask ourselves if our government is working the way it should.

The latest indication that perhaps it isn’t comes from an Associated Press article, published in Wednesday’s edition of the Williamsport Sun-Gazette, concerning efforts by Republicans to get the state Supreme Court to reverse the state law allowing no-excuse mail-in voting.

We understand the concerns many have the mail-in voting. We by no means are committed to the idea that anyone and everyone should be able to mail their ballot in.

But we have a state Legislature and a governor. That is where the authority to further change the law resides. If the Republicans who oppose no-excuse mail-in voting — or in the case of several of the plaintiffs, the Republicans who now oppose no-excuse mail-in voting after having voted for the new standards — want the law changed again, they should make their case in the legislature. They further should make their case effectively enough to either sway Gov. Tom Wolf’s opinion on the matter, or win over enough legislators for a veto-proof majority.

The pursuit of a court decision against no-excuse mail-in voting seems to us like an invitation for jurists to legislate from the bench. And we are concerned the plaintiffs have chosen that approach because the legislative process — the correct process — frequently requires compromise.

But that’s because compromise is what should be considered. If expanding early in-person voting and increasing the number of polling places to reduce the length of lines in inner-city precincts are what it takes to make reversal of no-excuse, mail-in voting palatable, the critics of no-excuse, mail-in voting should accept that. If reforms to redistricting, or oversight on how voting fraud is investigated and prosecuted to ensure laws are fairly and evenly applied are necessary to eliminate no-excuse mail-in voting, the critics should consider those measures as well. If the Republican plaintiffs in this case believe tougher penalties for voting fraud help balance the matter further, that should be part of the discussion.

A democratic legislative process requires compromise and balance. That’s to its credit. That’s why, when our government works the way it should, the legislature legislates and not the court system.

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