THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS AND KORTZ, MAY 29, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 29, 2009  

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, providing for recall election of State

and local officers, for recall petition process, for review

of recall petitions, for recall election and for prohibited

practices.

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 ELECTIONS

Sec.

1401.  Definitions.

1402.  Grounds for recall.

1403.  Initiating proceedings.

1404.  Review of proposed petition.

1405.  Issuing, circulating and verifying petition.

1406.  Recall election.

1407.  Prohibited practices.

1408.  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:

"Election official."  The term includes:

(1)  In the case of a Statewide elected public officer or

member of the General Assembly, the Secretary of the

Commonwealth.

(2)  In the case of any other elected public officer, the

local election official for the jurisdiction in which the

officer resides.

"Malfeasance."  The willful commission of an unlawful or

wrongful act in the performance of an elected public officer's

duties that is substantially outside the scope of the authority

of the officer and infringes on the rights of any person or

entity.

"Nonfeasance."  The willful, repeated failure of an elected

public officer to perform a specific act that is a required part

of the duties of the officer.

"Officer."  A person elected by the public in the executive

or legislative branch of the Commonwealth or any political

subdivision of the Commonwealth.

§ 1402.  Grounds for recall.

An officer is subject to recall by the voters of the

Commonwealth, or the political subdivision from which elected,

for malfeasance or nonfeasance.

§ 1403.  Initiating proceedings.

(a)  Proposed petition.--Whenever 25 or more eligible voters

of this Commonwealth or of any political subdivision of the

Commonwealth desire to demand the recall and discharge of an

officer under section 8 of Article VI of the Constitution of

Pennsylvania, the voters shall prepare a proposed petition

stating that the officer has committed an act or acts of

malfeasance or nonfeasance while in office as grounds for

recall. Judicial officers are not subject to recall.

(b)  Form and content.--The Secretary of the Commonwealth

shall prescribe by rule the form required for a recall petition.

Each page of the petition shall include:

(1)  The name and office held by the officer who is the

subject of the recall petition.

(2)  The specific grounds upon which the officer is

sought to be recalled and a concise synopsis of the facts

that are alleged to warrant recall on those grounds.

(3)  A statement that a recall election, if conducted,

will be conducted at public expense.

(4)  A statement that persons signing the petition:

(i)  Are eligible voters residing within the district

where the officer serves, or in the case of a Statewide

officer, in this Commonwealth.

(ii)  Know the purpose and content of the petition.

(iii)  Are signing of their own free will and may

only sign once.

(5)  A space for the following information regarding each

signer:

(i)  Signature and signature date.

(ii)  Printed first, middle and last name.

(iii)  Residence address, including municipality and

county.

(iv)  Date of birth.

(c)  Filing.--The persons submitting the petition shall

designate in writing no more than three persons among them to

represent all petitions in matters relating to the recall. The

proposed petition shall be filed as follows and accompanied by a

fee of $100:

(1)  For a Statewide official or member of the General

Assembly, with the Secretary of the Commonwealth.

(2)  For all other officers, with the local election

official for the jurisdiction in which the officer resides.

(d)  Notice.--Within ten days of receiving a proposed

petition that satisfies the requirements of this section, the

election official shall notify in writing the officer named in

the petition and forward the proposed petition for action under

section 1404 (relating to review of proposed petition) as

follows:

(1)  For a Statewide official or member of the General

Assembly, to the Supreme Court.

(2)  For all other officers, to the court of common pleas

for the jurisdiction in which the officer resides.

§ 1404.  Review of proposed petition.

(a)  Review of petition.--Upon receiving a proposed petition,

the court shall review the proposed petition to determine

whether it alleges specific facts that, if proven, would

constitute grounds for recall of the officer under section 8 of

Article VI of the Constitution of Pennsylvania and section 1402

(relating to grounds for recall). If it does not, the court

shall immediately issue an order dismissing the petition and

stating the reasons for dismissal. If the proposed petition does

allege specific facts that, if proven, would constitute grounds

for recall, the court shall assign the case for a public

hearing. The court shall complete the review under this section

and dismiss the proposed petition or assign the case for hearing

within ten days of receiving the petition.

(b)  Hearing.--A public hearing on the allegations of a

proposed petition shall be held within 20 days after issuance of

the order assigning the case for hearing under subsection (a).

The court shall determine:

(1)  whether the persons proposing the petition have

shown by a preponderance of the evidence that the factual

allegations supporting the petition are true; and

(2)  if true, whether the persons proposing the petition

have shown that the facts found to be true are sufficient

grounds for recall.

If the court decides that the standard expressed in paragraph

(2) has not been met, the court shall dismiss the petition. If

the court decides that the standard for decision expressed in

paragraph (2) has been met, the court shall prescribe, by order

to the appropriate election official, the statement of the

specific facts and grounds that must appear on the petition for

recall issued under section 1405 (relating to issuing,

circulating and verifying petition).

(c)  Bad faith.--If the court dismisses a petition under this

section because the persons proposing the petition have acted in

bad faith in violation of section 1407 (relating to prohibited

practices), the court may assess the persons proposing the

petition reasonable costs of conducting the hearing.

§ 1405.  Issuing, circulating and verifying petition.

(a)  Issuance.--Upon receipt of the order from the court

reviewing a proposed petition, the election official shall issue

a recall petition.

(b)  Circulation.--The number of signatures required on a

petition are as follows:

(1)  For a Statewide officer or member of the General

Assembly, signatures of eligible voters equal to 25% of the

total number of votes cast for all candidates for the office

to which the officer whose recall is demanded was elected at

the preceding election.

(2)  For any officer not included in paragraph (1),

signatures of eligible voters equal to 35% of the total

number of votes cast for all candidates for the office to

which the officer whose recall is demanded was elected at the

preceding election.

When the required number of signatures on the petition has been

secured, the petition may be filed with the appropriate election

official. The petition must be filed within 90 days after the

date of issuance.

(c)  Verification.--Upon the filing of a petition, the

election official shall verify the number and eligibility of

signers in the manner provided by the Secretary of the

Commonwealth. If the election official determines that the

petition has been signed by a sufficient number of eligible

voters, the election official shall certify the petition and

immediately notify in writing the petitioners and the officer

named in the petition. If the petition is not signed by a

sufficient number of eligible voters, the election official

shall dismiss the petition.

§ 1406.  Recall election.

(a)  Date.--If an election official certifies that a petition

bears the required number of signatures, the election official

shall promptly fix a date for the election to determine whether

or not the officer charged shall be recalled and discharged from

office. The election shall be held at the next primary or

general election not less than 45 days from the certification.

(b)  Conduct of election.--The election 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.

(c)  Result.--If a majority of the votes cast in a recall

election favor the removal of the officer, upon certification of

that result, the officer is removed from office and the office

is vacant.

(d)  Vacancy.--An office that is vacant following a recall

election shall be filled by special election conducted in

accordance with the Pennsylvania Election Code.

§ 1407.  Prohibited practices.

(a)  General rule.--A person proposing a petition may not

allege any material fact in support of the petition that the

person knows is false or has alleged with reckless disregard of

whether it is false. A person may not intentionally make any

false entry on a petition or aid, abet, counsel or procure

another to do so. A person may not use threat, intimidation,

coercion or other corrupt means to interfere or attempt to

interfere with the right of any eligible voter to sign or not to

sign a recall petition of the voter's own free will. A person

may not, for any consideration, compensation, gift, reward or

thing of value or promise, sign or not sign a recall petition.

(b)  Dismissal.--The court reviewing a proposed recall

petition may dismiss the petition for violation of this section.

§ 1408.  Rules and regulations.

The Secretary of the Commonwealth may promulgate rules and

regulations necessary to administer this chapter.

Section 2.  This act shall take effect in 60 days.