PRINTER'S NO. 94

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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;
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     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.








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