SENATE AMENDED
PRIOR PRINTER'S NO. 189 PRINTER'S NO. 559
No. 14 Session of 2001
INTRODUCED BY PERZEL AND HABAY, JANUARY 24, 2001
AMENDED, IN SENATE, FEBRUARY 6, 2001
A CONCURRENT RESOLUTION
1 Creating a joint select committee of the General Assembly to
2 examine, investigate and make a complete study of
3 Pennsylvania's election laws, practices and procedures
4 relating to voter eligibility, to the methods of voting, to
5 the casting, counting and recounting of votes, to voter
6 registration, to absentee balloting, to protections against
7 fraud and to legal remedies related thereto.
8 WHEREAS, The United States Supreme Court, in its recent
9 decision in Bush v. Gore, ruled that the absence of uniform
10 standards in Florida for the conduct of a statewide recount of
11 the votes cast for President of the United States at the
12 election held on November 7, 2000, violated the Equal Protection
13 Clause of the Fourteenth Amendment to the United States
14 Constitution; and
15 WHEREAS, It is uncertain how expansively the United States
16 Supreme Court and other courts will apply the precedent
17 established by the United States Supreme Court decision in Bush
18 v. Gore whenever those courts are called upon to determine the
19 outcome of elections in future cases; and
1 WHEREAS, It is important that the General Assembly review the
2 election laws of this Commonwealth and make appropriate
3 revisions where necessary in order to assure that Pennsylvania
4 avoids any electoral problems should the Commonwealth experience
5 an extremely close Statewide election; and
6 WHEREAS, It is necessary for the General Assembly to review
7 the adequacy of the various types of voting systems that are
8 being used throughout this Commonwealth; and
9 WHEREAS, It is imperative that laws, practices and procedures
10 relating to voter eligibility, to the methods of voting, to the
11 casting, counting and recounting of votes, to voter
12 registration, to absentee balloting and legal remedies related
13 thereto are sufficient to assure the conduct of an accurate and
14 fair election; therefore be it
15 RESOLVED (the Senate concurring), That a joint select
16 committee on election reform be created and be authorized to
17 examine, investigate and make a complete study of Pennsylvania's
18 election laws, practices and procedures relating to voter
19 eligibility, to the methods of voting, to the casting, counting
20 and recounting of votes, to voter registration, to absentee
21 balloting, to protections against fraud and to legal remedies
22 related thereto; and be it further
23 RESOLVED, That the committee consist of ten members of the
24 General Assembly as follows:
25 (1) Three members of the House of Representatives, one
26 of whom shall be a member of the minority party, shall be
27 appointed by the Speaker of the House of Representatives.
28 (2) Three FIVE members of the Senate, one TWO of whom <--
29 shall be a member MEMBERS of the minority party RECOMMENDED <--
30 BY THE MINORITY LEADER, shall be appointed by the President
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1 pro tempore of the Senate.
2 (3) The chairman and the minority chairman of the State
3 Government Committee of the House of Representatives;
4 (4) The chairman and the minority chairman of the State <--
5 Government Committee of the Senate;
6 and be it further
7 RESOLVED, That the Speaker of the House of Representatives
8 appoint a committee member from the House of Representatives as
9 a co-chairman of the committee and the President pro tempore of
10 the Senate shall appoint a committee member from the Senate as a
11 co-chairman of the committee; and be it further
12 RESOLVED, That the committee may hold hearings, take
13 testimony and conduct its investigations at such places in this
14 Commonwealth as it deems necessary. It THE COMMITTEE, WITH THE <--
15 APPROVAL OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE
16 PRESIDENT PRO TEMPORE OF THE SENATE, may issue subpoenas under
17 the hand and seal of the co-chairmen commanding any person to
18 appear before the committee and to answer questions touching
19 matters properly being inquired into by the committee and to
20 produce such books, papers, records and documents as the
21 committee deems necessary. The subpoenas may be served upon any
22 person and shall have the same effect as subpoenas issued out of
23 the courts of this Commonwealth and any person who willfully
24 neglects or refuses to testify before the committee or to
25 produce any books, papers, records or documents shall be subject
26 to the penalties provided by the laws of this Commonwealth in
27 such case. Each member of the committee shall have power to
28 administer oaths and affirmations to witnesses appearing before
29 the committee; and be it further
30 RESOLVED, That the committee be authorized to hire or
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1 contract for such staff as it deems necessary; and be it further
2 RESOLVED, That the actual expenses incurred by the committee
3 be equally divided between the House of Representatives and the
4 Senate; and be it further
5 RESOLVED, That the committee, WITH THE APPROVAL OF THE <--
6 SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO
7 TEMPORE OF THE SENATE, report its findings, together with its
8 recommendations for any remedial legislation or other
9 appropriate action, at the earliest practicable date, to the
10 House of Representatives and to the Senate, provided that the
11 committee, WITH THE APPROVAL OF THE SPEAKER OF THE HOUSE OF <--
12 REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE, is
13 authorized to issue such interim reports as it deems
14 appropriate.
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