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HOUSE AMENDED
PRIOR PASSAGE - J.R. 2020-1 NONE
PRIOR PRINTER'S NO. 71
PRINTER'S NO. 1279
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
106
Session of
2021
INTRODUCED BY ARGALL, STREET, MARTIN, STEFANO, PHILLIPS-HILL,
DiSANTO, BAKER, MASTRIANO, PITTMAN, REGAN AND SCHWANK,
JANUARY 22, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 14, 2021
A JOINT RESOLUTION
Proposing an amendment SEPARATE AND DISTINCT AMENDMENTS to the
Constitution of the Commonwealth of Pennsylvania, further
providing for ACTION ON CONCURRENT ORDERS AND RESOLUTIONS AND
FOR Lieutenant Governor; PROVIDING FOR EXECUTIVE ORDERS;
FURTHER PROVIDING FOR QUALIFICATIONS OF ELECTORS; AND
PROVIDING FOR ELECTION AUDITS.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 4 of Article IV be amended to read:
SECTION 1. THE FOLLOWING SEPARATE AND DISTINCT AMENDMENTS TO
THE CONSTITUTION OF PENNSYLVANIA ARE PROPOSED IN ACCORDANCE WITH
ARTICLE XI:
(1) THAT SECTION 9 OF ARTICLE III BE AMENDED TO READ:
§ 9. ACTION ON CONCURRENT ORDERS AND RESOLUTIONS.
EVERY ORDER, RESOLUTION OR VOTE, TO WHICH THE CONCURRENCE OF
BOTH HOUSES MAY BE NECESSARY, EXCEPT ON THE QUESTIONS OF
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ADJOURNMENT, DISAPPROVAL OF A REGULATION OR TERMINATION OR
EXTENSION OF A DISASTER EMERGENCY DECLARATION AS DECLARED BY AN
EXECUTIVE ORDER OR PROCLAMATION, OR PORTION OF A DISASTER
EMERGENCY DECLARATION AS DECLARED BY AN EXECUTIVE ORDER OR
PROCLAMATION, SHALL BE PRESENTED TO THE GOVERNOR AND BEFORE IT
SHALL TAKE EFFECT BE APPROVED BY HIM, OR BEING DISAPPROVED,
SHALL BE REPASSED BY TWO-THIRDS OF BOTH HOUSES ACCORDING TO THE
RULES AND LIMITATIONS PRESCRIBED IN CASE OF A BILL.
(2) THAT SECTION 4 OF ARTICLE IV BE AMENDED TO READ:
§ 4. Lieutenant Governor.
[A Lieutenant Governor shall be chosen jointly with the
Governor by the casting by each voter of a single vote
applicable to both offices, for the same term, and subject to
the same provisions as the Governor[; he]. Each candidate for
Governor, having been nominated under the laws of this
Commonwealth, shall, subject to the approval of the political
party or political body, if any, nominating such candidate,
select a candidate for Lieutenant Governor within such time
before the gubernatorial general election as the General
Assembly shall prescribe by law. A person may not seek election
to both offices simultaneously. The Lieutenant Governor shall be
President of the Senate. As such, [he] the Lieutenant Governor
may vote in case of a tie on any question except the final
passage of a bill or joint resolution, the adoption of a
conference report or the concurrence in amendments made by the
House of Representatives.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
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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 this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional 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
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth 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 amendment is
passed by the General Assembly.
(3) THAT ARTICLE IV BE AMENDED BY ADDING A SECTION TO READ:
§ 21. EXECUTIVE ORDERS.
AN EXECUTIVE ORDER OR PROCLAMATION BY THE GOVERNOR OR AN
EXECUTIVE AGENCY WITH THE FORCE AND EFFECT OF LAW MAY NOT BE IN
EFFECT FOR MORE THAN 21 DAYS, UNLESS OTHERWISE EXTENDED IN WHOLE
OR IN PART BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY.
(4) THAT SECTION 1 OF ARTICLE VII BE AMENDED TO READ:
§ 1. QUALIFICATIONS OF ELECTORS.
[EVERY CITIZEN 21] ONLY CITIZENS 18 YEARS OF AGE OR OLDER,
POSSESSING THE FOLLOWING QUALIFICATIONS, SHALL BE ENTITLED TO
VOTE AT ALL ELECTIONS SUBJECT, HOWEVER, TO SUCH LAWS REQUIRING
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AND REGULATING THE REGISTRATION OF ELECTORS AS THE GENERAL
ASSEMBLY MAY ENACT.
1. HE OR SHE SHALL HAVE BEEN A CITIZEN OF THE UNITED STATES
AT LEAST ONE MONTH.
2. HE OR SHE SHALL HAVE RESIDED IN THE STATE [90] 30 DAYS
IMMEDIATELY PRECEDING THE ELECTION.
3. HE OR SHE SHALL HAVE RESIDED IN THE ELECTION DISTRICT
WHERE HE OR SHE SHALL OFFER TO VOTE AT LEAST [60] 30 DAYS
IMMEDIATELY PRECEDING THE ELECTION, EXCEPT THAT IF QUALIFIED TO
VOTE IN AN ELECTION DISTRICT PRIOR TO REMOVAL OF RESIDENCE, HE
OR SHE MAY, IF A RESIDENT OF PENNSYLVANIA, VOTE IN THE ELECTION
DISTRICT FROM WHICH HE OR SHE REMOVED HIS OR HER RESIDENCE
WITHIN [60] 30 DAYS PRECEDING THE ELECTION.
4. HE OR SHE SHALL PRESENT VALID IDENTIFICATION PRIOR TO
VOTING, REGARDLESS OF VOTING METHOD. IF AN ELECTOR DOES NOT
POSSESS VALID IDENTIFICATION, HE OR SHE SHALL, UPON REQUEST, BE
FURNISHED WITH A GOVERNMENT-ISSUED IDENTIFICATION AT NO COST TO
THE ELECTOR. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "VALID
IDENTIFICATION" SHALL MEAN ANY UNEXPIRED GOVERNMENT-ISSUED
IDENTIFICATION, UNLESS OTHERWISE AUTHORIZED BY STATUTE.
(5) THAT ARTICLE VII BE AMENDED BY ADDING A SECTION TO READ:
§ 15. ELECTION AUDITS.
THE GENERAL ASSEMBLY SHALL BY STATUTE PROVIDE FOR THE
AUDITING OF ELECTIONS, INCLUDING THE ADMINISTRATION OF
ELECTIONS, CERTIFICATION OF ELECTION MACHINES, THE ACCURACY OF
THE LIST OF REGISTERED VOTERS, THE ADMINISTRATION OF VOTER
REGISTRATION AND ELECTION RESULTS. ELECTION AUDITS SHALL BE
CONDUCTED BY THE AUDITOR GENERAL. IN YEARS WHEN THE AUDITOR
GENERAL STANDS FOR ELECTION TO ANY OFFICE, AN INDEPENDENT
AUDITOR SHALL CONDUCT THE AUDIT.
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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:
(1) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(1) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE 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 AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(2) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(2) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE BALLOT QUESTION AT THE FIRST
PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF
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ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH
OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED
CONSTITUTIONAL AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(3) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(3) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE 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 AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(4) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(4) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE 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 AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(5) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(5) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF
THIS COMMONWEALTH AS A SEPARATE 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 AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
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