PRINTER'S NO. 94
No. 84 Session of 1977
INTRODUCED BY MESSRS. DOYLE, CIMINI, GIAMMARCO, MRKONIC, PITTS, POLITE, PRATT, ZELLER, ZORD, MELUSKEY, PRENDERGAST, BUTERA, O'CONNELL, MRS. TAYLOR, MESSRS. BRANDT, AND MANDERINO, FEBRUARY 7, 1977
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 1977
A JOINT RESOLUTION 1 Proposing an amendment to the Constitution of the Commonwealth 2 of Pennsylvania, providing for the election of the Attorney 3 General and providing for his qualifications. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby resolves as follows: 6 Section 1. The following amendment to the Constitution of 7 the Commonwealth of Pennsylvania is proposed in accordance with 8 the provisions of Article XI thereof: 9 That a section be added to Article IV and sections 5, 6, 8 10 and 17 of Article IV of the Constitution of the Commonwealth of 11 Pennsylvania be amended to read: 12 § 4.1. Attorney General. 13 An Attorney General shall be chosen by the qualified electors 14 of the Commonwealth on the day the general election is held for 15 the Auditor General and State Treasurer; he shall hold his 16 office during four years from the third Tuesday of January next 17 ensuing his election and shall not be eligible to serve
1 continuously for more than two successive terms; he shall be the 2 chief law officer of the Commonwealth and shall exercise such 3 powers and perform such duties as may be imposed by law. 4 § 5. Qualifications of Governor, [and] Lieutenant Governor 5 and Attorney General. 6 No person shall be eligible to the office of Governor [or], 7 Lieutenant Governor or Attorney General except a citizen of the 8 United States, who shall have attained the age of 30 years, and 9 have been seven years next preceding his election an inhabitant 10 of this Commonwealth, unless he shall have been absent on the 11 public business of the United States or of this Commonwealth. No 12 person shall be eligible to the office of Attorney General 13 except a member of the bar of the Supreme Court of Pennsylvania. 14 § 6. Disqualification for offices of Governor, [and] Lieutenant 15 Governor and Attorney General. 16 No member of Congress or person holding any office (except of 17 attorney-at-law or in the National Guard or in a reserve 18 component of the armed forces of the United States) under the 19 United States or this Commonwealth shall exercise the office of 20 Governor [or], Lieutenant Governor or Attorney General. 21 § 8. Appointing power. 22 (a) The Governor shall appoint [an Attorney General,] a 23 Secretary of Education and such other officers as he shall be 24 authorized by law to appoint. The appointment of [the Attorney 25 General,] the Secretary of Education and of such other officers 26 as may be specified by law, shall be subject to the consent of 27 two-thirds or a majority of the members elected to the Senate as 28 is specified by law. 29 (b) The Governor shall fill vacancies in offices to which he 30 appoints by nominating to the Senate a proper person to fill the 19770H0084B0094 - 2 -
1 vacancy within 90 days of the first day of the vacancy and not
2 thereafter. The Senate shall act on each executive nomination
3 within 25 legislative days of its submission. If the Senate has
4 not voted upon a nomination within 15 legislative days following
5 such submission, any five members of the Senate may, in writing,
6 request the presiding officer of the Senate to place the
7 nomination before the entire Senate body whereby the nomination
8 must be voted upon prior to the expiration of five legislative
9 days or 25 legislative days following submission by the
10 Governor, whichever occurs first. If the nomination is made
11 during a recess or after adjournment sine die, the Senate shall
12 act upon it within 25 legislative days after its return or
13 reconvening. If the Senate for any reason fails to act upon a
14 nomination submitted to it within the required 25 legislative
15 days, the nominee shall take office as if the appointment had
16 been consented to by the Senate. The Governor shall in a similar
17 manner fill vacancies in the offices of Auditor General, State
18 Treasurer, justice, judge, justice of the peace and in any other
19 elective office he is authorized to fill. In the case of a
20 vacancy in an elective office, a person shall be elected to the
21 office on the next election day appropriate to the office unless
22 the first day of the vacancy is within two calendar months
23 immediately preceding the election day in which case the
24 election shall be held on the second succeeding election day
25 appropriate to the office.
26 (c) In acting on executive nominations, the Senate shall sit
27 with open doors. The votes shall be taken by yeas and nays and
28 shall be entered on the journal.
29 § 17. Contested elections of [Lieutenant Governor and]
30 Governor, Lieutenant Governor and Attorney General;
19770H0084B0094 - 3 -
1 when succeeded. 2 The Chief Justice of the Supreme Court shall preside upon the 3 trial of any contested election of Governor [or], Lieutenant 4 Governor or Attorney General and shall decide questions 5 regarding the admissibility of evidence, and shall, upon request 6 of the committee, pronounce his opinion upon other questions of 7 law involved in the trial. The Governor [and], Lieutenant 8 Governor and Attorney General shall exercise the duties of their 9 respective offices until their successors shall be duly 10 qualified. 11 Section 2. Upon approval of this amendment by the electors, 12 there shall be a vacancy in the office of Attorney General which 13 shall be filled as provided herein. 14 Section 3. This proposed amendment shall be submitted by the 15 Secretary of the Commonwealth to the qualified electors of the 16 Commonwealth, at the primary, municipal, or general election 17 next held after the advertising requirements of Article XI, 18 section 1, of the Constitution of the Commonwealth of 19 Pennsylvania have been satisfied. L29L15CVV/19770H0084B0094 - 4 -