Laws governing local ballot measures in Pennsylvania

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

This article sets out the laws governing local ballot measures in Pennsylvania. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

Local government in Pennsylvania consists of:

• Counties: There are 67 counties. 7 operate under home rule charters. They are Allegheny, Delaware, Erie, Lackawanna, Lehigh, Luzerne, and Northampton.

• Cities: There are 56 cities. 19 operate under home rule charters.

• Boroughs: There are 958 boroughs. 19 operate under home rule charters.

• Incorporated town: There is one incorporated town, Bloomsburg. It does not have a charter.

• Township: There are 1547 townships. 27 operate under home rule charters..

• In addition, there are 1,764 special districts and 514 independent school districts.

School districts

See also: School bond and tax elections in Pennsylvania

Pennsylvania requires a bond election in order to exceed the property tax ceiling or issue new bonding. There are two major laws governing school finance in Pennsylvania. The Pennsylvania Special Session Act of 2006 covers the property tax ceiling. School districts are required to have a referendum if borrowing exceeds a certain index. Set by the Pennsylvania Department of Education, this index is updated every year. However, there are causes, including court orders and emergencies, that exempt districts from the law. Also, the cities of Pittsburgh, Philadelphia, and Scranton are exempt from the 2006 law.

The Pennsylvania Local Government Unit Debt Act of 1996 covers all bond issues in the State of Pennsylvania. Both laws differ on the required notice for a election and the mandatory period between the approval of a resolution by a school district and the election. Under the 1996 act, there is a mandatory cooling-off period of 155 days for re-issuing a bond question. The Special Session Act of 2006, however, does not mandate a cooling-off period before re-issuing ballot questions on the property tax ceiling.

Initiative process availability

Counties

All of Pennsylvania's seven charter counties have charter amendment by initiative.

Cities

Charter amendment by initiative is available in each of Pennsylvania's 65 charter cities. In addition, the state's 37 third class cities enjoy a limited initiative process.

Initiative process features

A guide to local ballot initiatives

Charter Cities and Counties

Charter Amendment Process   Petition form: The name and address of the person filing the petition must be clearly stated on the petition. Pennsylvania Consolidated Statutes, Title 53, § 2943 (a) Signature requirements: Petitions must contain signatures equal to 10% of the last local, general election vote for governor. Pennsylvania Consolidated Statutes, Title 53, § 2943 (a) Circulation period: Petitions must be submitted by the 13th Tuesday before the election. Petitions may be circulated for (at most) 7 weeks, and circulation may not begin before the 20th Tuesday prior to the election. Initiated measures may be submitted at primary, municipal, or general elections. Pennsylvania Consolidated Statutes, Title 53, § 2943 (a) Circulator restrictions: In 2012, the Pennsylvania Supreme Court struck down Pennsylvania's in-district residency requirement with respect to nomination petition circulators. It is unclear how this decision affects the requirement as applied to initiative petition circulators. In Re: The Nomination Petitions and Papers of Carl Stevenson as a Candidate for State Representative in the 134th Legislative District (March 26, 2012) Notary requirement: Yes, petition circulators must attest to the validity of petition signatures in a notarized affidavit. The law itself does not seem to specify that the affidavit be notarized. However, this state-published guide says notarization is required: Pennsylvania Unconsolidated Statutes, "Pennsylvania Election Code," Section 909 Submitting signatures: The petition must be filed with local election officials. Pennsylvania Consolidated Statutes, Title 53, § 2943 (a)(b) Election procedure: Election officials must submit successful initiatives to voters at the next primary, general, or municipal election occurring not sooner than the 13th Tuesday after the initiative was filed. Pennsylvania Consolidated Statutes, Title 53, § 2943 (a) Majority required: No supermajority requirement found. Conflicting measures: If two or more conflicting measures are approved, the measure receiving the largest number of affirmative votes prevails over the others. Pennsylvania Consolidated Statutes, Title 53, § 2941 (c) Subject restrictions: No pension cuts for current/former employees. Pennsylvania Consolidated Statutes, Title 53, § 2962 (c) (3)

Subject Restrictions   Pensions: Charter cities and counties may not reduce the rights/privileges/benefits entitled to retired municipal employees. Pennsylvania Consolidated Statutes, Title 53, § 2962 (c)(3) General: With respect to certain issues, a city's charter may not change the powers usually granted to cities of its class. Those issues are as follows: 1. Filing and collection of municipal taxes 2. Exercising the power of eminent domain 3. Changing local boundaries 4. Regulating public schools 5. Voter registration and the conduct of elections 6. Fixing which things are subject to taxation 7. Setting tax rates of non-property or personal taxes for nonresidents* 8. Assessing real or personal property and persons for tax purposes 9. Setting punishments for felonies or misdemeanors 10. Municipal planning under the Pennsylvania Municipalities Planning Code. *Charter cities/counties are not subject to caps on tax rates for residents, but are not permitted to levy a larger tax on nonresidents than permitted in general law cities. In addition, charter cities/counties may not: 1. Engage in private business (except as permitted by state law) 2. Exercise powers "contrary to or in limitation or enlargement of" powers granted by statutes of statewide application 3. Reduce the rights/privileges/benefits entitled to retired municipal employees 4. Enact consumer protection regulations on goods or services already regulated under state law, unless the local regulations are identical with state regulations 5. Enact laws contrary to state municipal labor laws enacted prior 1972* 6. Determine withholding/tax reporting requirements for business except as expressly provided by state law. 7. Regulate firearms 8. Impose retroactive fees for municipal services already provided. *Cities that are or were "second class A" cities, may reduce police or firefighting forces for economic reasons. State statutes that apply throughout the state always supercede municipal ordinances or resolutions. Pennsylvania Consolidated Statutes, Title 53, § 2962

Third-Class Cities

Third-Class City Initiative Process   Petition form: If at least 100 voters request that the city clerk prepare an initiative petition, the city clerk must prepare the petition form and publish a notice alerting residents to the petition. The requests must be in writing, directed to the clerk, and include a copy of the proposal. The petition, once drafted, may be signed over a period of 15 day and may only be signed in the city clerk’s office. Signers must make an oath affirming that they are a qualified elector. Third Class City Code, Article X, (b), Sections 1031 & 1032 Signature requirements: The petition must contain signatures equal to 20% of the last vote for mayor. Third Class City Code, Article X, (b), Section 1033 Legislative action/Election: The initiative process is indirect. This means that the city council has an opportunity to approve the measure before it gets placed on the ballot. If the city council fails to pass the bill, it must call a special election to be held concurrent with the next election at least ninety days away. Third Class City Code, Article X, (b), Sections 1034 & 1035 Notary requirement: There is no notary requirement, per se, but each signer must make an oath before the city clerk affirming his or her eligibility to sign. Third Class City Code, Article X, (b), Section 1032 Majority required: Only a simple majority is required. Third Class City Code, Article X, (b), Section 1037 Legislative tampering: The local council may not repeal an initiated ordinance for two years without a vote of the people. This even applies to initiative proposals approved by the council. In order to repeal a measure before two years have elapsed, the council must refer a repeal measure to the ballot. Third Class City Code, Article X, (b), Sections 1038 & 1040 Re-attempting initiatives: No ordinance initiative may be re-submitted to voters more that once in three years. Third Class City Code, Article X, (b), Section 1039 Subject restrictions: No ordinance may be proposed by initiative that could not (if passed as usual by the council) be targeted for veto referendum. The initiative may not be used to repeal an ordinance that has already been subjected to a veto referendum. The subjects exempt from veto referendums, and thus prohibited for initiatives, are as follows: 1. Ordinances required under state law 2. Ordinances providing for appropriations or tax levies 3. Ordinances providing for the "exercise of the right of eminent domain" 4. Ordinances providing for the "preservation of the public peace, health, morals, safety,...[for] the exercise of the police powers of the city government, and for the prevention and abatement of nuisances" 5. Ordinances providing for an election to increase city debt and other ordinances that require a referendum vote for passage 6. Ordinances providing for sewer construction and for road maintenance. Third Class City Code, Article X, Sections 1030 & 1050

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

The Pennsylvania Constitution does not address the local initiative process.

Statutes

The Pennsylvania Consolidated Statutes provide for initiated charter amendments in the state's charter cities. In addition, the Third Class City Code provides for a highly limited initiative process in third class cities.

See law: Pennsylvania Consolidated Statutes, Title 53, Chapter 29, Subchapter C & Third Class City Code, Article X, (b)

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

List of Most Populated Cities in Pennsylvania
City	Population	City Type	Next election
Philadelphia	1,536,471	Home rule charter
Pittsburgh	307,484	Home rule charter
Allentown	119,141	Home rule charter
Erie	101,807	General law under Optional 3rd Class City Charter Law
Reading	88,414	Home rule charter
Scranton	75,995	Home rule charter
Bethlehem	75,266	General law under Optional 3rd Class City Charter Law
Lancaster	60,058	General law under Optional 3rd Class City Charter Law
Harrisburg	49,673	General law under Optional 3rd Class City Charter Law
Altoona	46,329	General law under Optional Plan

Of the top ten most populated cities in Pennsylvania, only two, Allentown and Scranton, have individual provisions for ordinance initiative beyond what is established in state law above.

Individual city provisions   Allentown Population as of the July, 2011 census update: 119,141 Charter city Any 5 qualified voters of the City may file with the City Clerk an affidavit stating they will constitute the Petitioners Committee and be responsible for circulating the petition and filing it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out, in full, the proposed initiative ordinance or the ordinance sought to be reconsidered (Allenstown Charter, Sec. 1003). After the initial affidavit, city clerk shall issue the appropriate petition blanks to the petitioners. Petition requirements are in Allenstown Charter Sec. 1004. The signature requirement is 2,000 signatures. Petitions must be filed within 65 days of registration. After certification, the city council has 60 days to adopt, or shall be placed on the ballot at the next primary, municipal or general election occurring at least 90 days after final council action(Charter Sec. 1007). Allentown City Charter Scranton Population as of the July, 2011 census update: 75,995 Charter city Any 5 qualified voters of the City may file with the City Clerk an affidavit stating they will constitute the Petitioners Committee and be responsible for circulating the petition and filing it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out, in full, the proposed initiative ordinance or the ordinance sought to be reconsidered (Scranton Charter, Sec. 1002). After the initial affidavit, city clerk shall issue the appropriate petition blanks to the petitioners. Petition requirements are in Scranton Charter Sec. 1003. The signature requirement is 15% of all votes cast for all candidates for the office of mayor in the last such election. After certification, the city council has 60 days to adopt, or shall be placed on the ballot at a regular or special election occurring at least 30 days and within 1 year from final council action. (Charter Sec. 1006) Restrictions: Initiative not available for the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. Scranton City Charter

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Pennsylvania

External links

• Ballotpedia Research Document, Local Initiative in Pennsylvania
• Pennsylvania Municipal League
• Commonwealth of Pennsylvania, The Pennsylvania Manual, Volume 120, 2011
• Governor’s Center for Local Government Services, Referendum Handbook, 8th Edition, January 1999
• Governor’s Center for Local Government Services, City Government in Pennsylvania Handbook, 2nd Edition, January 2002