ARTICLE VI

PUBLIC OFFICERS

 

Sec.

 1.  Selection of officers not otherwise provided for in

     Constitution.

 2.  Incompatible offices.

 3.  Oath of office.

 4.  Power of impeachment.

 5.  Trial of impeachments.

 6.  Officers liable to impeachment.

 7.  Removal of civil officers.

 

Adoption.  Unless otherwise noted, the provisions of present Article VI (formerly Article XII) were adopted December 16, 1873, 1874 P.L.3, effective January 1, 1874, and the article was renumbered from XII to VI by proclamation of the Governor of July 7, 1967, P.L.1063. See also proclamation of the Governor of July 14, 1966, 1965 P.L.1945.

Prior Provisions.  Former Article VI was repealed by amendment of May 17, 1966, 1965 P.L.1928, J.R.10. The subject matter of present Article VI was formerly contained in Articles VI (Impeachment and Removal from Office), VII (Oath of Office) and XII (Public Officers).

Cross References.  Article VI is referred to in sections 16, 18 of Article V (The Judiciary).

§ 1.  Selection of officers not otherwise provided for in

   Constitution.

All officers, whose selection is not provided for in this Constitution, shall be elected or appointed as may be directed by law.

(Nov. 2, 1909, P.L.948, J.R.1; May 17, 1966, 1965 P.L.1928, J.R.10)

 

1966 Amendment.  Joint Resolution No.10 renumbered former section 1 of this article to present section 4 and amended and renumbered section 1 of former Article XII to present section 1.

§ 2.  Incompatible offices.

No member of Congress from this State, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State to which a salary, fees or perquisites shall be attached. The General Assembly may by law declare what offices are incompatible.

(May 17, 1966, 1965 P.L.1928, J.R.10)

 

1966 Amendment.  Joint Resolution No.10 renumbered former section 2 of this article to present section 5 and renumbered section 2 of former Article XII to present section 2.

§ 3.  Oath of office.

Senators, Representatives and all judicial, State and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation before a person authorized to administer oaths.

"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity."

The oath or affirmation shall be administered to a member of the Senate or to a member of the House of Representatives in the hall of the House to which he shall have been elected.

Any person refusing to take the oath or affirmation shall forfeit his office.

(May 17, 1966, 1965 P.L.1928, J.R.10)

 

1966 Amendment.  Joint Resolution No.10 renumbered former section 3 to present section 6 and added present section 3.

§ 4.  Power of impeachment.

The House of Representatives shall have the sole power of impeachment.

(May 17, 1966, 1965 P.L.1928, J.R.10)

 

1966 Amendment.  Joint Resolution No.10 renumbered former section 4 to present section 7 and renumbered former section 1 to present section 4.

§ 5.  Trial of impeachments.

All impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present.

(May 17, 1966, 1965 P.L.1928, J.R.10)

 

1966 Amendment.  Joint Resolution No.10 amended and renumbered former section 2 to present section 5.

§ 6.  Officers liable to impeachment.

The Governor and all other civil officers shall be liable to impeachment for any misbehavior in office, but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of trust or profit under this Commonwealth. The person accused, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law.

(May 17, 1966, 1965 P.L.1928, J.R.10)

 

1966 Amendment.  Joint Resolution No.10 amended and renumbered former section 3 to present section 6.

§ 7.  Removal of civil officers.

All civil officers shall hold their offices on the condition that they behave themselves well while in office, and shall be removed on conviction of misbehavior in office or of any infamous crime. Appointed civil officers, other than judges of the courts of record, may be removed at the pleasure of the power by which they shall have been appointed. All civil officers elected by the people, except the Governor, the Lieutenant Governor, members of the General Assembly and judges of the courts of record, shall be removed by the Governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate.

(May 17, 1966, 1965 P.L.1928, J.R.10)

 

Constitutionality.  A statute that conflicts with the removal provisions provided under this section is unconstitutional unless the statute that provides for the alternative removal process predates this section. See South Newton Township Electors v. Bouch, 838 A.2d 643 (Pa. 2003).

1966 Amendment.  Joint Resolution No.10 amended and renumbered former section 4 to present section 7.