PRINTER'S NO. 1921
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1240
Session of
2015
INTRODUCED BY TEPLITZ AND BREWSTER, JUNE 14, 2016
REFERRED TO STATE GOVERNMENT, JUNE 14, 2016
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, providing for the recall election of
elected officials.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 65 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 14
RECALL ELECTION
Sec.
1401. Definitions.
1402. Sole grounds for recall.
1403. Recall election proceedings.
1404. Recall election.
1405. Rules and regulations.
§ 1401. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Challenger." A candidate to replace a recalled elected
official, who may not himself be an elected official subject to
recall.
"General appropriation bill." The bill that includes the
yearly appropriations for the Commonwealth, as required under
section 11 of Article III of the Constitution of Pennsylvania.
§ 1402. Sole grounds for recall.
In accordance with section 18 of Article II of the
Constitution of Pennsylvania, the Governor, Lieutenant Governor
and each member of the General Assembly shall be subject to
recall by the voters of this Commonwealth or the political
subdivision from which the public official was elected if a
general appropriation bill is not signed into law by 11:59 p.m.
on December 31 after the beginning of a fiscal year.
§ 1403. Recall election proceedings.
(a) Suspension prohibited.--If a general appropriation bill
is not signed into law by 11:59 p.m. on December 31 after the
beginning of a fiscal year, the recall election under section
1404 (relating to recall election) is automatically initiated
and may not be suspended or canceled even if a general
appropriation bill is subsequently enacted for that fiscal year.
(b) Leaving office.--Each recalled official shall leave
office on the fourth Tuesday following the runoff election. The
unsuccessful incumbent in the election shall leave office on the
fourth Tuesday following the election.
(c) Governor.--A recalled Governor may not issue any
executive order or make any appointment subject to Senate
confirmation between the date of the recall election and the
runoff election or, if he loses the runoff election, between the
date of the runoff and the date of leaving office.
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§ 1404. Recall election.
(a) Date of election.--The recall election shall occur on
the same date as the following primary election day. Petitions
to appear on a recall ballot as a challenger shall be conducted
in the manner provided under the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code.
(b) Ballot.--The following shall apply:
(1) The ballot shall ask if the elector would like to
recall the appropriate elected officials. If the elector
chooses yes, the elector will then place a vote for his
desired candidates among the challengers.
(2) The required number of votes to recall an elected
official shall be 50% of the total votes plus one vote.
(c) Runoff election.--If no single candidate receives the
majority of votes required under subsection (b)(2), the top
challengers whose combined votes total at least 50% of the total
votes cast shall participate in a runoff election. The runoff
election shall occur on the fourth Tuesday following the recall
election.
(d) Governor and Lieutenant Governor.--The Governor and
Lieutenant Governor and the challengers for the governorship
shall appear on a single recall election ballot. If the
incumbent Governor is successfully recalled, he and the
incumbent Lieutenant Governor shall be subject to section
1403(b) (relating to recall election proceedings). The newly
elected Governor shall select a Lieutenant Governor within 30
days, who shall be confirmed by a three-fourths majority of the
Senate and the House of Representatives before taking office.
§ 1405. Rules and regulations.
The Secretary of the Commonwealth may promulgate rules and
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regulations necessary to administer this chapter.
Section 2. This act shall take effect immediately.
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