PRINTER'S NO. 4

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 4 Session of 1979


        INTRODUCED BY EARLY AND GEKAS, JANUARY 16, 1979

        REFERRED TO CONSTITUTIONAL CHANGES AND FEDERAL RELATIONS,
           JANUARY 16, 1979

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, providing for retention election of justices
     3     of the peace.

     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 subsection (c) of section 13 and subsection (b) of
    10  section 15 of Article V be amended to read:
    11  § 13.  Election of justices, judges and justices of the peace;
    12         vacancies.
    13     * * *
    14     (c)  the provisions of section 13(b) shall not apply either
    15  in the case of a vacancy to be filled by retention election as
    16  provided in section 15(b), or in the case of a vacancy created
    17  by failure of a [justice or judge] justice, judge or justice of
    18  the peace to file a declaration for retention election as


     1  provided in section 15(b). In the case of a vacancy occurring at
     2  the expiration of an appointive term under section 13(b), the
     3  vacancy shall be filled by election as provided in section
     4  13(a).
     5     * * *
     6  § 15.  Tenure of justices, judges and justices of the peace.
     7     * * *
     8     (b)  A justice [or], judge or justice of the peace elected
     9  under section 13(a), [appointed under section 13(d)] or retained
    10  under this section 15(b) may file a declaration of candidacy for
    11  retention election with the officer of the Commonwealth who
    12  under law shall have supervision over elections on or before the
    13  first Monday of January of the year preceding the year in which
    14  his term of office expires. If no declaration is filed, a
    15  vacancy shall exist upon the expiration of the term of office of
    16  such [justice or judge] justice, judge or justice of the peace,
    17  to be filled by election under section 13(a) [or by appointment
    18  under section 13(d) if applicable]. If a [justice or judge]
    19  justice, judge or justice of the peace, files a declaration, his
    20  name shall be submitted to the electors without party
    21  designation, on a separate judicial ballot or in a separate
    22  column on voting machines, at the municipal election immediately
    23  preceding the expiration of the term of office of the [justice
    24  or judge] justice, judge or justice of the peace, to determine
    25  only the question whether he shall be retained in office. If a
    26  majority is against retention, a vacancy shall exist upon the
    27  expiration of his term of office, to be filled by appointment
    28  under section 13(b) or under section 13(d) if applicable. If a
    29  majority favors retention, the [justice or judge] justice, judge
    30  or justice of the peace shall serve for the regular term of
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     1  office provided herein, unless sooner removed or retired. At the
     2  expiration of each term a [justice or judge] justice, judge or
     3  justice of the peace shall be eligible for retention as provided
     4  herein, subject only to the retirement provisions of this
     5  article.
     6     Section 2.  The proposed amendment shall be submitted by the
     7  Secretary of the Commonwealth to the qualified electors of the
     8  State, at the primary or general election next held after the
     9  advertising requirements of Article XI, section 1 of the
    10  Constitution of the Commonwealth of Pennsylvania have been
    11  satisfied.













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