Regular Session 2021-2022 Senate Bill 0106 P.N. 1857

PRIOR PASSAGE - NONE

PRIOR PRINTER'S NOS. 71, 1279

PRINTER'S NO. 1857

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

106

Session of

2021

INTRODUCED BY ARGALL, MARTIN, STEFANO, PHILLIPS-HILL, DiSANTO,

BAKER, MASTRIANO, PITTMAN AND REGAN, JANUARY 22, 2021

AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JULY 7, 2022

A JOINT RESOLUTION

Proposing separate and distinct amendments to the Constitution

of the Commonwealth of Pennsylvania, PROVIDING THAT THERE IS

NO CONSTITUTIONAL RIGHT TO TAXPAYER-FUNDED ABORTION OR OTHER

RIGHT RELATING TO ABORTION; further providing for action on

concurrent orders and resolutions and, for Lieutenant

Governor; providing for executive orders; further providing

AND 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 separate and distinct amendments to

the Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1) THAT ARTICLE I BE AMENDED BY ADDING A SECTION TO READ:

§ 30. ABORTION.

THIS CONSTITUTION DOES NOT GRANT THE RIGHT TO TAXPAYER-FUNDED

ABORTION OR ANY OTHER RIGHT RELATING TO ABORTION.

(1) (2) 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

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) (3) 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.

(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

20210SB0106PN1857 - 2 -

<--

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

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.

(4) THAT SECTION 1 OF ARTICLE VII BE AMENDED TO READ:

§ 1. QUALIFICATIONS OF ELECTORS.

20210SB0106PN1857 - 3 -

<--

(A) EVERY CITIZEN 21 YEARS OF AGE, POSSESSING THE FOLLOWING

QUALIFICATIONS, SHALL BE ENTITLED TO VOTE AT ALL ELECTIONS

SUBJECT, HOWEVER, TO SUCH LAWS REQUIRING 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 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 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 DAYS

PRECEDING THE ELECTION.

(B) IN ADDITION TO THE QUALIFICATIONS UNDER SUBSECTION (A)

OF THIS SECTION, A QUALIFIED ELECTOR SHALL PROVIDE A VALID

IDENTIFICATION AT EACH ELECTION IN ACCORDANCE WITH THE

FOLLOWING:

1. WHEN VOTING IN PERSON, THE QUALIFIED ELECTOR SHALL

PRESENT A VALID IDENTIFICATION BEFORE RECEIVING A BALLOT TO VOTE

IN PERSON.

2. WHEN NOT VOTING IN PERSON, THE QUALIFIED ELECTOR SHALL

PROVIDE PROOF OF A VALID IDENTIFICATION WITH HIS OR HER BALLOT.

IDENTIFICATION, HE OR SHE SHALL, UPON REQUEST AND CONFIRMATION

OF IDENTITY, BE FURNISHED WITH A GOVERNMENT-ISSUED

IDENTIFICATION AT NO COST TO THE QUALIFIED ELECTOR.

(D) FOR PURPOSES OF THIS SECTION, THE TERM "VALID

IDENTIFICATION" MEANS AN UNEXPIRED GOVERNMENT-ISSUED

20210SB0106PN1857 - 4 -

IDENTIFICATION, UNLESS OTHERWISE PROVIDED FOR BY LAW.

(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.

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

20210SB0106PN1857 - 5 -

<--

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

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.

20210SB0106PN1857 - 6 -

(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.

20210SB0106PN1857 - 7 -