Regular Session 2015-2016 House Bill 1749 P.N. 2644

PRIOR PASSAGE - NONE

PRINTER'S NO. 2644

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1749

Session of

2015

INTRODUCED BY PYLE, M. K. KELLER, SANTORA, SANKEY, EVANKOVICH,

BARRAR, HELM, HEFFLEY, DIAMOND, KAUFFMAN, STEPHENS, METCALFE,

MARSHALL, PHILLIPS-HILL, GROVE, RAPP, TRUITT, MALONEY,

KNOWLES, JAMES, KLUNK, REGAN, SAYLOR, REESE, FARRY, SONNEY,

WATSON AND JOZWIAK, DECEMBER 9, 2015

REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 9, 2015

A JOINT RESOLUTION

Proposing integrated amendments to the Constitution of the

Commonwealth of Pennsylvania, further providing for action by

Lieutenant Governor as Governor and for vacancy in office of

Lieutenant Governor; and providing for an initiative to

recall elected Statewide officers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The following integrated amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1) That sections 13 and 14 of Article IV be amended to

read:

§ 13. When Lieutenant Governor to act as Governor.

In the case of the death, conviction on impeachment, failure

to qualify or resignation of the Governor, the Lieutenant

Governor shall become Governor for the remainder of the term

[and in]. In the case of the recall of the Governor, the

Lieutenant Governor shall become Governor until a Governor is

sworn in after a successor election under section 20(c). In the

case of the disability of the Governor, the powers, duties and

emoluments of the office shall devolve upon the Lieutenant

Governor until the disability is removed.

§ 14. Vacancy in office of Lieutenant Governor.

In case of the death, conviction on impeachment, failure to

qualify or resignation of the Lieutenant Governor, or in case he

should become Governor under section 13 of this article, the

President pro tempore of the Senate shall become Lieutenant

Governor for the remainder of the term. In case of the recall of

the Lieutenant Governor, the President pro tempore of the Senate

shall become Lieutenant Governor until a Lieutenant Governor is

sworn in after a successor election under section 20(c). In case

of the disability of the Lieutenant Governor, the powers, duties

and emoluments of the office shall devolve upon the President

pro tempore of the Senate until the disability is removed.

Should there be no Lieutenant Governor, the President pro

tempore of the Senate shall become Governor if a vacancy shall

occur in the office of Governor and in case of the disability of

the Governor, the powers, duties and emoluments of the office

shall devolve upon the President pro tempore of the Senate until

the disability is removed. His seat as Senator shall become

vacant whenever he shall become Governor and shall be filled by

election as any other vacancy in the Senate.

(2) That Article IV be amended by adding a section to read:

§ 20. Initiative to recall elected Statewide officers.

(a) The recall of the Governor, Lieutenant Governor,

Attorney General, Auditor General or State Treasurer may be

proposed by a petition signed by a number of electors equal in

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number to at least 25% of the total votes cast for that position

in the preceding election, with at least 200 signatures from

each of at least 34 separate counties. A petition must have been

signed by the petitioning electors not more than 150 days after

an affidavit has been filed with the Bureau of Commissions,

Elections and Legislation providing notice of intent to

circulate a petition to recall. The affidavit may be filed no

sooner than six months after the beginning of the term of office

for that position.

(b) The form of the petition, circulation and procedure for

determining the validity and sufficiency of a petition shall be

as provided by law. If the petition is valid and sufficient, the

Bureau of Commissions, Elections and Legislation shall certify

the petition not more than 100 days after the date the petition

was filed, and the question "Shall (name) be recalled from the

office of (position)?" must be submitted to the electors at a

special election called by the Bureau of Commissions, Elections

and Legislation , which must occur not more than 100 days after

certification of the petition. A recall petition certified by

the Bureau of Commissions, Elections and Legislation may not be

withdrawn and another recall petition may not be initiated

against the elected Statewide officer during the remainder of

the current term of office. A recall petition or recall election

pending on the date of the next general election at which a

candidate for the office is elected is moot.

Governor, Attorney General, Auditor General or State Treasurer

has been filed with the Bureau of Commissions, Elections and

Legislation , a person eligible to serve in the position may

propose his or her candidacy by a petition signed by a number of

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electors equal in number to the requirement for petitions for an

established party candidate for the office, signed by

petitioning electors not more than 50 days after a recall

petition has been filed with the Bureau of Commissions,

Elections and Legislation . The form of a successor election

petition, circulation and procedure for determining the validity

and sufficiency of a petition shall be as provided by law. If

the successor election petition is valid and sufficient, the

Bureau of Commissions, Elections and Legislation shall certify

the petition not more than 100 days after the date the recall

petition was filed. Names of candidates for nomination to serve

as the candidate of an established political party must be

submitted to the electors at a special primary election, if

necessary, called by the Bureau of Commissions, Elections and

Legislation to be held at the same time as the special election

on the question of recall established under subsection (b).

Names of candidates for the successor election must be submitted

to the electors at a special successor election called by the

Bureau of Commissions, Elections and Legislation , which must

occur not more than 60 days after the date of the special

primary election or on a date established by law.

(d) The Governor, Lieutenant Governor, Attorney General,

Auditor General or State Treasurer shall be immediately removed

upon certification of the recall election results if a majority

of the electors voting on the question vote to recall the

elected Statewide officer.

Section 2. (a) Upon the first passage by the General

Assembly of these proposed constitutional amendments, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

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XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of these proposed constitutional amendments.

(b) Upon the second passage by the General Assembly of these

proposed constitutional amendments, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

these proposed constitutional amendments. The Secretary of the

Commonwealth shall submit the proposed constitutional amendments

under section 1 of this resolution to the qualified electors of

this Commonwealth as a single ballot question at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendments are

passed by the General Assembly.

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