PRINTER'S NO. 3071
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
783
Session of
2015
INTRODUCED BY HARPER AND MARSICO, APRIL 4, 2016
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 2016
A CONCURRENT RESOLUTION
Further providing for submission to the electorate of a
constitutional amendment on retirement for justices, judges
and justices of the peace.
WHEREAS, Pursuant to Article XI of the Constitution of
Pennsylvania, the General Assembly has proposed an amendment to
section 16(b) of Article V of the Constitution of Pennsylvania
providing that justices, judges and justices of the peace be
retired on the last day of the calendar year in which they
attain the age of 75; and
WHEREAS, In October 2013, a majority of both houses of the
General Assembly passed Joint Resolution No. 2013-JR3 and
presented it to the Secretary of the Commonwealth, who published
it pursuant to section 1 of Article XI of the Constitution of
Pennsylvania; and
WHEREAS, In November 2015, in the General Assembly next
afterwards chosen, a majority of both houses of the General
Assembly passed Joint Resolution No. 2015-JR1 and presented it
to the secretary; and
WHEREAS, Pursuant to section 201(c) of the act of June 3,
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1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, the secretary prepared a ballot question as Proposed
Constitutional Amendment 1, which was approved by the Attorney
General, and published along with the proposed amendment and the
plain English statement prepared by the Office of Attorney
General pursuant to section 1 of Article XI of the Constitution
of Pennsylvania; and
WHEREAS, Proposed Constitutional Amendment 1 is scheduled to
appear on the ballot for primary election on April 26, 2016; and
WHEREAS, The General Assembly believes that the ballot
question as prepared by the secretary contains unnecessary
language and consequently may be confusing to electors; and
WHEREAS, On March 6, 2016, the General Assembly filed an
application asking the Pennsylvania Supreme Court to order that
the ballot question be amended; and
WHEREAS, On March 23, 2016, the Supreme Court denied approval
of a stipulated resolution between the parties, noting that
"such denial shall not be construed as condoning or constraining
any future legislative or executive action by the parties"; and
WHEREAS, The General Assembly has prepared a revised ballot
question for Proposed Constitutional Amendment 1 which avoids
confusion and more accurately reflects the language of Joint
Resolution No. 2013-JR3 and Joint Resolution No. 2015-JR1; and
WHEREAS, There is insufficient time to publish the revised
ballot question before primary election on April 26, 2016, as
required by section 1 of Article XI of the Constitution of
Pennsylvania; and
WHEREAS, Under section 802 of the Pennsylvania Election Code,
only persons registered and enrolled as members of a political
party are entitled to vote in any primary election of that
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party; and
WHEREAS, More than 1 million Pennsylvania registered voters
are not registered and enrolled as members of one of the two
major political parties and therefore are not entitled to vote
in the primary election of either of those political parties;
and
WHEREAS, Many of those registered voters may be unaware of
their right to vote on Proposed Constitutional Amendment 1
during the primary election on April 26, 2016, and consequently
may not cast a vote on the ballot question; and
WHEREAS, Proposed Constitutional Amendment 1 is a matter of
Statewide importance to all citizens of the Commonwealth, not
merely registered members of the two major political parties;
and
WHEREAS, If Proposed Constitutional Amendment 1 were to be
placed on the ballot for the general election on November 8,
2016, the secretary will have sufficient time to publish the
revised ballot question as required under the Constitution of
Pennsylvania and registered voters who are not members of one of
the two major political parties will be more likely to
participate in the decision to approve or disapprove Proposed
Constitutional Amendment 1; and
WHEREAS, Under section 1 of Article XI of the Constitution of
Pennsylvania, it is within the authority of the General Assembly
to prescribe the manner and time at which proposed amendments to
the Constitution are submitted to the qualified electors of the
Commonwealth for approval; therefore be it
RESOLVED (the Senate concurring), That the General Assembly
direct the Secretary of the Commonwealth to remove the ballot
question for Proposed Constitutional Amendment 1 from the ballot
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certification for the primary election on April 26, 2016; and be
it further
RESOLVED, That the General Assembly direct the secretary to
direct the county boards of election to remove, to the extent
possible, the ballot question for Proposed Constitutional
Amendment 1 from the ballot; and be it further
RESOLVED, That the General Assembly direct the secretary to
disregard any vote on Proposed Constitutional Amendment 1 in the
primary election on April 26, 2016, and prohibit the secretary
from making a tally of votes cast on Proposed Constitutional
Amendment 1; and be it further
RESOLVED, That the General Assembly direct the secretary to
place Proposed Constitutional Amendment 1 on the ballot for the
general election on November 8, 2016, in the following form:
Shall the Pennsylvania Constitution be amended to require
that justices of the Supreme Court, judges, and
magisterial district judges be retired on the last day of
the calendar year in which they attain the age of 75
years?;
and be it further
RESOLVED, That, to ensure compliance with section 1 of
Article XI of the Constitution of Pennsylvania, the General
Assembly direct the secretary to publish the ballot question for
Proposed Constitutional Amendment 1 as revised along with the
proposed amendment and the plain English statement previously
prepared by the Office of Attorney General, in each of the three
months prior to the general election on November 8, 2016; and be
it further
RESOLVED, That, upon passage by a majority of both houses of
the General Assembly, this concurrent resolution be transmitted
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to the Secretary of the Commonwealth for implementation.
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