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PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 804
PRINTER'S NO. 1818
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
822
Session of
2021
INTRODUCED BY WHITE, STAATS, COOK, JONES, RYAN, KAUFFMAN, GLEIM,
DUNBAR, ZIMMERMAN, WARNER, GAYDOS, MOUL, SANKEY, WHEELAND,
ROWE, SAYLOR, KEEFER, METCALFE AND ARMANINI, MARCH 8, 2021
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 15, 2021
A JOINT RESOLUTION
Proposing integrated amendments AN AMENDMENT to the Constitution
of the Commonwealth of Pennsylvania, further providing for
action by Lieutenant Governor as Governor and for vacancy in
office of Lieutenant Governor; and providing for an
initiative to recall certain elected Statewide and local
officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following integrated amendments to the
Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That sections 13 and 14 of Article IV be amended to
read:
§ 13. When Lieutenant Governor to act as Governor.
In the case of the death, conviction on impeachment, failure
to qualify or resignation of the Governor, the Lieutenant
Governor shall become Governor for the remainder of the term
[and in]. In the case of the recall of the Governor, the
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Lieutenant Governor shall become Governor until a Governor is
sworn in after a successor election under section 20(c). In the
case of the disability of the Governor, the powers, duties and
emoluments of the office shall devolve upon the Lieutenant
Governor until the disability is removed.
§ 14. Vacancy in office of Lieutenant Governor.
In case of the death, conviction on impeachment, failure to
qualify or resignation of the Lieutenant Governor, or in case he
should become Governor under section 13 of this article, the
President pro tempore of the Senate shall become Lieutenant
Governor for the remainder of the term. In case of the recall of
the Lieutenant Governor, the President pro tempore of the Senate
shall become Lieutenant Governor until a Lieutenant Governor is
sworn in after a successor election under section 20(c). In case
of the disability of the Lieutenant Governor, the powers, duties
and emoluments of the office shall devolve upon the President
pro tempore of the Senate until the disability is removed.
Should there be no Lieutenant Governor, the President pro
tempore of the Senate shall become Governor if a vacancy shall
occur in the office of Governor and in case of the disability of
the Governor, the powers, duties and emoluments of the office
shall devolve upon the President pro tempore of the Senate until
the disability is removed. His seat as Senator shall become
vacant whenever he shall become Governor and shall be filled by
election as any other vacancy in the Senate.
(2) That Article IV be amended by adding a section to read:
§ 20. Initiative to recall CERTAIN elected Statewide and local
officers.
(a) The recall of the Governor, Lieutenant Governor,
Attorney General, Auditor General, State Treasurer or a mayor or
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district attorney AN ELECTED OFFICER IN A CITY OF THE FIRST
CLASS OR A COUNTY OF THE FIRST CLASS may be proposed by a
petition signed by a number of electors equal in number to at
least 25% of the total votes cast for that position in the
preceding election. A recall petition for a mayor or district
attorney cannot contain signatures from any one election
district in excess of one fifth of the total number required. A
petition must be signed by the petitioning electors not more
than 150 days after an affidavit has been filed with the Bureau
of Commissions, Elections and Legislation providing notice of
intent to circulate a petition to recall. The affidavit may be
filed no sooner than one year after the beginning of the term of
office nor within the last six months of the term of office for
that position.
(b) The form of the petition, circulation and procedure for
determining the validity and sufficiency of a petition shall be
as provided by law. If the petition is valid and sufficient, the
Bureau of Commissions, Elections and Legislation shall certify
the petition and notify the Statewide or local officer ELECTED
OFFICER IN THE CITY OF THE FIRST CLASS OR COUNTY OF THE FIRST
CLASS named in the petition that the petition has been
certified. Upon receipt of the notice the Statewide or local
officer ELECTED OFFICER IN THE CITY OF THE FIRST CLASS OR COUNTY
OF THE FIRST CLASS may resign from office and the recall
proceeding shall terminate.
(c) If the Statewide or local officer ELECTED OFFICER IN THE
CITY OF THE FIRST CLASS OR COUNTY OF THE FIRST CLASS against
whom a recall petition is directed does not resign from office
within 10 days after notice of the certification of the
petition, the Bureau of Commissions, Elections and Legislation
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shall arrange a recall election. If a general, municipal,
primary or special election is to be held not less than 60 days
nor more than 90 days after the resignation period has expired,
the recall question "Shall (name) be recalled from the office of
(position)?" must be placed before the electors at that
election. Otherwise a special recall election shall be fixed for
a date not earlier than 60 days nor later than 90 days after the
expiration period has expired. The Statewide or local officer
ELECTED OFFICER IN THE CITY OF THE FIRST CLASS OR COUNTY OF THE
FIRST CLASS against whom a recall petition is directed may
resign at any time prior to the recall election and the election
shall not be held.
(d) A recall petition certified by the Bureau of
Commissions, Elections and Legislation may not be withdrawn and
another recall petition may not be initiated against the elected
Statewide or local officer OFFICER IN THE CITY OF THE FIRST
CLASS OR COUNTY OF THE FIRST CLASS during the remainder of the
current term of office. A recall petition or recall election
pending on the date of the next general election at which a
candidate for the office is elected is moot.
(e) If a petition to recall the Governor, Lieutenant
Governor, Attorney General, Auditor General or State Treasurer
or a mayor or district attorney ELECTED OFFICER IN THE CITY OF
THE FIRST CLASS OR COUNTY OF THE FIRST CLASS has been filed with
the Bureau of Commissions, Elections and Legislation , a person
eligible to serve in the position may propose his candidacy by a
petition signed by a number of electors equal in number to the
requirement for petitions for an established party candidate for
the office, signed by petitioning electors not more than 50 days
after a recall petition has been filed with the Bureau of
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Commissions, Elections and Legislation . The form of a successor
election petition, circulation and procedure for determining the
validity and sufficiency of a petition shall be as provided by
law. If the successor election petition is valid and sufficient,
the Bureau of Commissions, Elections and Legislation shall
certify the petition not more than 100 days after the date the
recall petition was filed. Names of candidates for nomination to
serve as the candidate of an established political party must be
submitted to the electors at a special primary election, if
necessary, called by the Bureau of Commissions, Elections and
Legislation to be held at the same time as the special election
on the question of recall established under subsection (b).
Names of candidates for the successor election must be submitted
to the electors at a special successor election called by the
Bureau of Commissions, Elections and Legislation , which must
occur not more than 60 days after the date of the special
primary election or on a date established by law.
(f) The Governor, Lieutenant Governor, Attorney General,
Auditor General, State Treasurer or a mayor or district attorney
ELECTED OFFICER IN THE CITY OF THE FIRST CLASS OR COUNTY OF THE
FIRST CLASS shall be immediately removed upon certification of
the recall election results if a majority of the electors voting
on the question vote to recall the elected Statewide or local
officer IN THE CITY OF THE FIRST CLASS OR COUNTY OF THE FIRST
CLASS .
(g) No person who has been removed from the office under
this section or who has resigned from the office after a recall
petition directed to him has been filed may be eligible for
election or appointment to any State or local office IN A CITY
OF THE FIRST CLASS OR A COUNTY OF THE FIRST CLASS within two
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years after removal or resignation.
Section 2. (a) Upon the first passage by the General
Assembly of these THIS proposed constitutional amendments
AMENDMENT, 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 THIS proposed
constitutional amendments AMENDMENT.
(b) Upon the second passage by the General Assembly of these
THIS proposed constitutional amendments AMENDMENT, 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
AMENDMENT 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
AMENDMENT IS passed by the General Assembly.
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