PRIOR PASSAGE - NONE
PRINTER'S NO. 1120
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
856
Session of
2017
INTRODUCED BY GREENLEAF, VULAKOVICH AND RESCHENTHALER,
AUGUST 29, 2017
REFERRED TO JUDICIARY, AUGUST 29, 2017
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, providing for retention
election of justices of the peace.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following integrated amendments to the
Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 13(c) of Article V be amended to read:
§ 13. Election of justices, judges and justices of the peace;
vacancies.
* * *
(c) The provisions of section 13(b) shall not apply either
in the case of a vacancy to be filled by retention election as
provided in section 15(b), or in the case of a vacancy created
by failure of a [justice or judge] justice, judge or justice of
the peace to file a declaration for retention election as
provided in section 15(b). In the case of a vacancy occurring at
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the expiration of an appointive term under section 13(b), the
vacancy shall be filled by election as provided in section
13(a).
* * *
(2) That section 15(b) of Article V be amended to read:
§ 15. Tenure of justices, judges and justices of the peace.
* * *
(b) A [justice or judge] justice, judge or justice of the
peace elected under section 13(a)[, appointed under section
13(d)] or retained under this section 15(b) may file a
declaration of candidacy for retention election with the officer
of the Commonwealth who under law shall have supervision over
elections on or before the first Monday of January of the year
preceding the year in which his term of office expires. If no
declaration is filed, a vacancy shall exist upon the expiration
of the term of office of such [justice or judge] justice, judge
or justice of the peace, to be filled by election under section
13(a) [or by appointment under section 13(d) if applicable]. If
a [justice or judge] justice, judge or justice of the peace
files a declaration, his name shall be submitted to the electors
without party designation, on a separate judicial ballot or in a
separate column on voting machines, at the municipal election
immediately preceding the expiration of the term of office of
the [justice or judge] justice, judge or justice of the peace,
to determine only the question whether he shall be retained in
office. If a majority is against retention, a vacancy shall
exist upon the expiration of his term of office, to be filled by
appointment under section 13(b) [or under section 13(d) if
applicable]. If a majority favors retention, the [justice or
judge] justice, judge or justice of the peace shall serve for
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the regular term of office provided herein, unless sooner
removed or retired. At the expiration of each term a [justice or
judge] justice, judge or justice of the peace shall be eligible
for retention as provided herein, subject only to the retirement
provisions of this article.
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
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 to the qualified electors of this Commonwealth
as a single ballot question at the first primary, general or
municipal election occurring at least three months after the
proposed constitutional amendments are passed by the General
Assembly.
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