PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 458
PRINTER'S NO. 488
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
457
Session of
2021
INTRODUCED BY BAKER, YAW, MARTIN, GORDNER, VOGEL, MASTRIANO,
PITTMAN AND YUDICHAK, MARCH 19, 2021
SENATOR BAKER, JUDICIARY, AS AMENDED, MARCH 23, 2021
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, further providing for
qualifications of Governor, Lieutenant Governor and Attorney
General and for disqualification for offices of Governor,
Lieutenant Governor and Attorney General.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendments to the Constitution of
Pennsylvania are proposed in accordance with Article XI:
(1) That section 5 of Article IV be amended to read:
§ 5. Qualifications of Governor, Lieutenant Governor and
Attorney General.
No person shall be eligible to the office of Governor,
Lieutenant Governor or Attorney General except a citizen of the
United States, who shall have attained the age of 30 years, and
have been seven years next preceding his election an inhabitant
of this Commonwealth, unless he shall have been absent on the
public business of the United States or of this Commonwealth. No
person shall be eligible to the office of Attorney General
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except [a] an active member of the bar of the Supreme Court of
Pennsylvania.
(2) That section 6 of Article IV be amended to read:
§ 6. Disqualification for offices of Governor, Lieutenant
Governor and Attorney General.
(a) No member of Congress or person holding any office
(except of attorney-at-law or in the National Guard or in a
reserve component of the armed forces of the United States)
under the United States or this Commonwealth shall exercise the
office of Governor, Lieutenant Governor or Attorney General.
(b) If the Attorney General is disbarred from the practice
of law in this Commonwealth, effective immediately upon the
disbarment, the Office of Attorney General shall be deemed
vacant.
(c) If the Attorney General is suspended from the practice
of law in this Commonwealth, effective immediately upon the
suspension, THE OFFICE OF ATTORNEY GENERAL SHALL NOT BE VACANT
BUT the Attorney General shall be suspended from the Office of
Attorney General and the First Deputy Attorney General, if
willing, qualified and able to hold the office, shall serve as
the acting Attorney General until the law license of the
Attorney General is reinstated or the expiration of the term of
the Attorney General, whichever is sooner. If the First Deputy
Attorney General is not willing, qualified or able to fill the
vacancy SERVE AS THE ACTING ATTORNEY GENERAL under this
subsection, the Executive Deputy Attorney General of the
Criminal Law Division, if willing, qualified and able, shall
fill the vacancy SERVE AS THE ACTING ATTORNEY GENERAL as
described under this subsection.
Section 2. (a) Upon the first passage by the General
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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 submit these proposed constitutional
amendments 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 amendments are
passed by the General Assembly.
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