PRIOR PASSAGE - NONE
PRINTER'S NO. 2486
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2141
Session of
2021
INTRODUCED BY KAUFFMAN, DIAMOND, HAMM, RYAN, GROVE, METCALFE,
SMITH, ROWE, JONES AND ZIMMERMAN, DECEMBER 7, 2021
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 7, 2021
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, in the judiciary, further
providing for election of justices, judges and justices of
the peace and vacancies and for tenure of justices, judges
and justices of the peace.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendments to the Constitution of
Pennsylvania are proposed in accordance with Article XI:
(1) That section 13(c) of Article V be amended to read:
§ 13. Election of justices, judges and justices of the peace;
vacancies.
* * *
(c) [The provisions of section 13(b) shall not apply either
in the case of a vacancy to be filled by retention election as
provided in section 15(b), or in the case of a vacancy created
by failure of a justice or judge to file a declaration for
retention election as provided in section 15(b).] In the case of
a vacancy occurring at the expiration of an appointive term
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under section 13(b), the vacancy shall be filled by election as
provided in section 13(a).
* * *
(2) That section 15(b) of Article V be amended to read:
§ 15. Tenure of justices, judges and justices of the peace.
* * *
(b) [A justice or judge elected under section 13(a),
appointed under section 13(d) or retained under this section
15(b) may file a declaration of candidacy for retention election
with the officer of the Commonwealth who under law shall have
supervision over elections on or before the first Monday of
January of the year preceding the year in which his term of
office expires. If no declaration is filed, a vacancy shall
exist upon the expiration of the term of office of such justice
or judge, to be filled by election under section 13(a) or by
appointment under section 13(d) if applicable. If a justice or
judge files a declaration, his name shall be submitted to the
electors without party designation, on a separate judicial
ballot or in a separate column on voting machines, at the
municipal election immediately preceding the expiration of the
term of office of the justice or judge, to determine only the
question whether he shall be retained in office. If a majority
is against retention, a vacancy shall exist upon the expiration
of his term of office, to be filled by appointment under section
13(b) or under section 13(d) if applicable. If a majority favors
retention, the justice or judge shall serve for the regular term
of office provided herein, unless sooner removed or retired.] At
the expiration of each term a justice or judge shall be eligible
for [retention as provided herein] re-election, subject only to
the retirement provisions of this article.
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Section 2. (a) Upon the first passage by the General
Assembly of these proposed constitutional amendments, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of these proposed constitutional amendments.
(b) Upon the second passage by the General Assembly of these
proposed constitutional amendments, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
these proposed constitutional amendments. The Secretary of the
Commonwealth shall submit the proposed constitutional amendments
under section 1 of this resolution to the qualified electors of
this Commonwealth as a single ballot question at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendments are
passed by the General Assembly.
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