PRINTER'S NO. 2011
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
357
Session of
2022
INTRODUCED BY HAYWOOD AND KANE, OCTOBER 26, 2022
REFERRED TO STATE GOVERNMENT, OCTOBER 26, 2022
A CONCURRENT RESOLUTION
Urging the Secretary of the Commonwealth to enforce the
disqualification clause of the Constitution of the United
States by declaring ineligible to appear on a ballot in this
Commonwealth for any office a candidate who has previously
taken an oath of office to uphold the Constitution and then
engaged in insurrection or rebellion against the United
States or given aid or comfort to the enemies.
WHEREAS, The Constitution of the United States requires
presidential candidates to meet qualifications to hold office
such as age, citizenship, residency and compliance with section
3 of the 14th Amendment, known as the disqualification clause of
the Constitution of the United States; and
WHEREAS, The disqualification clause bars an individual who
has taken an oath to uphold the Constitution of the United
States and who subsequently engages in insurrection against the
United States government from holding any present or future
public office; and
WHEREAS, Federal law requires that congressional candidates
demonstrate that the candidate meets qualifications to hold
office, including citizenship, duration of in-State residency
and compliance with the disqualification clause; and
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WHEREAS, State law also requires gubernatorial and lieutenant
gubernatorial candidates to demonstrate that the candidate meets
qualifications to hold office, including citizenship, duration
of in-State residency, compliance with section 5 of Article IV
of the Constitution of Pennsylvania and compliance with the
disqualification clause; and
WHEREAS, State law requires candidates for State Senator or
Representative in the General Assembly to demonstrate that the
candidate meets qualifications to hold office, including
citizenship, duration of in-State and in-district residency,
compliance with section 5 of Article II of the Constitution of
Pennsylvania and compliance with the disqualification clause;
and
WHEREAS, State law requires other elected offices in this
Commonwealth such as justices, judges, district justices, county
or local officials and school directors to demonstrate that the
candidate meets qualifications to hold office, including
citizenship, residency and compliance with the disqualification
clause; and
WHEREAS, It is the responsibility of the Secretary of the
Commonwealth to uphold the Constitution of the United States,
the Constitution of Pennsylvania and all electoral laws of this
Commonwealth; and
WHEREAS, It is the fundamental responsibility and legal
obligation of the Secretary of the Commonwealth to adhere to the
disqualification clause and exclude from a presidential ballot
an ineligible candidate; and
WHEREAS, In keeping with the responsibility and legal
obligation to exclude from any ballot an ineligible candidate
who does not meet the qualifications for the office, including a
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candidate who is non-natural born, is underage or, after taking
an oath of office to uphold the Constitution, has then engaged
in insurrection or rebellion against the United States or given
aid or comfort to the enemies thereof, the Secretary of the
Commonwealth's oath of office requires the Secretary to ensure
that a candidate is disqualified under section 3 of the 14th
amendment and does not appear on a ballot in Pennsylvania;
therefore be it
RESOLVED (the House of Representatives concurring), That the
General Assembly urge the Secretary of the Commonwealth to
enforce the disqualification clause of the Constitution of the
United States by declaring ineligible to appear on a ballot in
this Commonwealth for any office a candidate who has previously
taken an oath of office to uphold the Constitution and then
engaged in insurrection or rebellion against the United States
or given aid or comfort to the enemies; and be it further
RESOLVED, That, after adoption of this concurrent resolution
by both chambers of the General Assembly, the Chief Clerk of the
Senate shall:
(1) transmit a copy of this resolution to the Secretary
of the Commonwealth as an official action of the General
Assembly;
(2) transmit a copy of this resolution to each of the 67
county boards of elections within this Commonwealth;
(3) transmit a copy of this resolution to each member of
Congress from Pennsylvania;
(4) transmit a copy of this resolution to the
Legislative Reference Bureau for publication in the
Pennsylvania Bulletin under 45 Pa.C.S. ยง 725(a)(4); and
(5) provide public notice of adoption of this resolution
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by publishing a summary of this resolution in newspapers of
general circulation in this Commonwealth within five days of
adoption.
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