1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, providing for recall election of State
3and local officers, for recall petition process, for review
4of recall petitions, for recall election and for prohibited
5practices.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 65 of the Pennsylvania Consolidated
9Statutes is amended by adding a chapter to read:

10CHAPTER 14

11RECALL ELECTIONS

12Sec.

131401. Definitions.

141402. Grounds for recall.

151403. Initiating proceedings.

161404. Review of proposed petition.

171405. Issuing, circulating and verifying petition.

181406. Recall election.

191407. Prohibited practices.

11408. Rules and regulations.

2§ 1401. Definitions.

3The following words and phrases when used in this chapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Election official." The term includes:

7(1) In the case of a Statewide elected public officer or
8member of the General Assembly, the Secretary of the
9Commonwealth.

10(2) In the case of any other elected public officer, the
11local election official for the jurisdiction in which the
12officer resides.

13"Malfeasance." The willful commission of an unlawful or 
14wrongful act in the performance of an elected public officer's 
15duties that is substantially outside the scope of the authority 
16of the officer and infringes on the rights of any person or 
17entity.

18"Nonfeasance." The willful, repeated failure of an elected 
19public officer to perform a specific act that is a required part 
20of the duties of the officer.

21"Officer." A person elected by the public in the executive 
22or legislative branch of the Commonwealth or any political 
23subdivision of the Commonwealth.

24§ 1402. Grounds for recall.

25An officer is subject to recall by the voters of this
26Commonwealth, or the political subdivision from which elected,
27for malfeasance or nonfeasance.

28§ 1403. Initiating proceedings.

29(a) Proposed petition.--Whenever 25 or more eligible voters
30of this Commonwealth or of any political subdivision of the

1Commonwealth desire to demand the recall and discharge of an
2officer under section 8 of Article VI of the Constitution of
3Pennsylvania, the voters shall prepare a proposed petition
4stating that the officer has committed an act or acts of
5malfeasance or nonfeasance while in office as grounds for
6recall. Judicial officers are not subject to recall.

7(b) Form and content.--The Secretary of the Commonwealth
8shall prescribe by rule the form required for a recall petition.
9Each page of the petition shall include:

10(1) The name and office held by the officer who is the
11subject of the recall petition.

12(2) The specific grounds upon which the officer is
13sought to be recalled and a concise synopsis of the facts
14that are alleged to warrant recall on those grounds.

15(3) A statement that a recall election, if conducted,
16will be conducted at public expense.

17(4) A statement that persons signing the petition:

18(i) Are eligible voters residing within the district
19where the officer serves, or in the case of a Statewide
20officer, in this Commonwealth.

21(ii) Know the purpose and content of the petition.

22(iii) Are signing of their own free will and may
23only sign once.

24(5) A space for the following information regarding each
25signer:

26(i) Signature and signature date.

27(ii) Printed first, middle and last name.

28(iii) Residence address, including municipality and
29county.

30(iv) Date of birth.

1(c) Filing.--The persons submitting the petition shall
2designate in writing no more than three persons among them to
3represent all petitions in matters relating to the recall. The
4proposed petition shall be filed as follows and accompanied by a
5fee of $100:

6(1) For a Statewide official or member of the General
7Assembly, with the Secretary of the Commonwealth.

8(2) For all other officers, with the local election
9official for the jurisdiction in which the officer resides.

10(d) Notice.--Within ten days of receiving a proposed
11petition that satisfies the requirements of this section, the
12election official shall notify in writing the officer named in
13the petition and forward the proposed petition for action under
14section 1404 (relating to review of proposed petition) as
15follows:

16(1) For a Statewide official or member of the General
17Assembly, to the Supreme Court.

18(2) For all other officers, to the court of common pleas
19for the jurisdiction in which the officer resides.

20§ 1404. Review of proposed petition.

21(a) Review of petition.--Upon receiving a proposed petition,
22the court shall review the proposed petition to determine
23whether it alleges specific facts that, if proven, would
24constitute grounds for recall of the officer under section 8 of
25Article VI of the Constitution of Pennsylvania and section 1402
26(relating to grounds for recall). If it does not, the court
27shall immediately issue an order dismissing the petition and
28stating the reasons for dismissal. If the proposed petition does
29allege specific facts that, if proven, would constitute grounds
30for recall, the court shall assign the case for a public

1hearing. The court shall complete the review under this section
2and dismiss the proposed petition or assign the case for hearing
3within ten days of receiving the petition.

4(b) Hearing.--A public hearing on the allegations of a
5proposed petition shall be held within 20 days after issuance of
6the order assigning the case for hearing under subsection (a).
7The court shall determine:

8(1) whether the persons proposing the petition have
9shown by a preponderance of the evidence that the factual
10allegations supporting the petition are true; and

11(2) if true, whether the persons proposing the petition
12have shown that the facts found to be true are sufficient
13grounds for recall.

14If the court decides that the standard expressed in paragraph
15(2) has not been met, the court shall dismiss the petition. If
16the court decides that the standard for decision expressed in
17paragraph (2) has been met, the court shall prescribe, by order
18to the appropriate election official, the statement of the
19specific facts and grounds that must appear on the petition for
20recall issued under section 1405 (relating to issuing,
21circulating and verifying petition).

22(c) Bad faith.--If the court dismisses a petition under this
23section because the persons proposing the petition have acted in
24bad faith in violation of section 1407 (relating to prohibited
25practices), the court may assess the persons proposing the
26petition reasonable costs of conducting the hearing.

27§ 1405. Issuing, circulating and verifying petition.

28(a) Issuance.--Upon receipt of the order from the court
29reviewing a proposed petition, the election official shall issue
30a recall petition.

1(b) Circulation.--The number of signatures required on a
2petition are as follows:

3(1) For a Statewide officer or member of the General
4Assembly, signatures of eligible voters equal to 25% of the
5total number of votes cast for all candidates for the office
6to which the officer whose recall is demanded was elected at
7the preceding election.

8(2) For any officer not included in paragraph (1),
9signatures of eligible voters equal to 35% of the total
10number of votes cast for all candidates for the office to
11which the officer whose recall is demanded was elected at the
12preceding election.

13When the required number of signatures on the petition has been
14secured, the petition may be filed with the appropriate election
15official. The petition must be filed within 90 days after the
16date of issuance.

17(c) Verification.--Upon the filing of a petition, the
18election official shall verify the number and eligibility of
19signers in the manner provided by the Secretary of the
20Commonwealth. If the election official determines that the
21petition has been signed by a sufficient number of eligible
22voters, the election official shall certify the petition and
23immediately notify in writing the petitioners and the officer
24named in the petition. If the petition is not signed by a
25sufficient number of eligible voters, the election official
26shall dismiss the petition.

27§ 1406. Recall election.

28(a) Date.--If an election official certifies that a petition
29bears the required number of signatures, the election official
30shall promptly fix a date for the election to determine whether

1or not the officer charged shall be recalled and discharged from
2office. The election shall be held at the next primary or
3general election not less than 45 days from the certification.

4(b) Conduct of election.--The election shall be conducted in 
5the manner provided under the act of June 3, 1937 (P.L.1333, 
6No.320), known as the Pennsylvania Election Code.

7(c) Result.--If a majority of the votes cast in a recall
8election favor the removal of the officer, upon certification of
9that result, the officer is removed from office and the office
10is vacant.

11(d) Vacancy.--An office that is vacant following a recall
12election shall be filled by special election conducted in
13accordance with the Pennsylvania Election Code.

14§ 1407. Prohibited practices.

15(a) General rule.--A person proposing a petition may not
16allege any material fact in support of the petition that the
17person knows is false or has alleged with reckless disregard of
18whether it is false. A person may not intentionally make any
19false entry on a petition or aid, abet, counsel or procure
20another to do so. A person may not use threat, intimidation,
21coercion or other corrupt means to interfere or attempt to
22interfere with the right of any eligible voter to sign or not to
23sign a recall petition of the voter's own free will. A person
24may not for any consideration, compensation, gift, reward or
25thing of value or promise sign or not sign a recall petition.

26(b) Dismissal.--The court reviewing a proposed recall
27petition may dismiss the petition for violation of this section.

28§ 1408. Rules and regulations.

29The Secretary of the Commonwealth may promulgate rules and
30regulations necessary to administer this chapter.

1Section 2. This act shall take effect in 60 days.