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Pennsylvania Allow for Concurrent Resolutions to Disapprove of Regulations Amendment (2024)

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Pennsylvania Allow for Concurrent Resolutions to Disapprove of Regulations Amendment
Flag of Pennsylvania.png
Election date
November 5, 2024
Topic
State legislatures measures
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature

The Pennsylvania Allow for Concurrent Resolutions to Disapprove of Regulations Amendment was not on the ballot in Pennsylvania as a legislatively referred constitutional amendment in 2024.

This measure would have allowed the legislature to pass concurrent resolutions, which the governor could not veto, to disapprove of regulations.[1]

Text of measure

Full text

The full text of the ballot measure is available here.

Path to the ballot

Amending the Pennsylvania Constitution

See also: Amending the Pennsylvania Constitution

In Pennsylvania, a majority vote is required in two successive sessions of the Pennsylvania General Assembly to place a constitutional amendment on the ballot.

2021-2022 legislative session

Introduction of SB 106

Senate Bill 106 (SB 106), a joint resolution, was introduced into the Pennsylvania General Assembly in January 2021. SB 106 contained a single constitutional amendment, which was related to the process for selecting lieutenant governor candidates. On April 27, 2021, the Senate voted 43-4 to pass SB 106.[2]

Amendments in House

On December 14, 2021, during the resolution's second reading in the House, representatives proposed that the resolution contain four additional constitutional amendments, along with the lieutenant governor selection amendment.[2]

  • Rep. Paul Schemel (R-90) proposed an amendment to provide that the governor's or an executive agency's orders that have the force and effect of law cannot be in effect for more than 21 days, unless the legislature votes to extend them. Representatives voted 113-90 to adopt the amendment.
  • Rep. Eric Nelson (R-57) proposed an amendment to allow the legislature to pass concurrent resolutions, which the governor cannot veto, to disapprove of regulations. Representatives voted 113-90 to adopt the amendment.
  • Rep. Dawn Keefer (R-92) proposed an amendment to require election audits, including audits of election results, the list of registered voters, certification of election machines, and administration of elections. Representatives voted 114-89 to adopt the amendment.
  • Rep. Jeff Wheeland (R-83) proposed an amendment to require people to be citizens and at least 18 years old to vote in elections and require photo voter ID regardless of voting method. Representatives voted 114-89 to adopt the amendment.

On December 15, 2021, the House voted 113-87 to adopt SB 106, which then contained five constitutional amendments. House Republicans, along with one Democrat, supported SB 106, and 87 Democrats voted against the bill.[2]

As the House passed an amended version of SB 106, the joint resolution was returned to the Senate.

Amendments in Senate

On July 7, 2022, the Senate Rules & Executive Nominations Committee voted 11-6 to add a sixth constitutional amendment to SB 106. Republicans, and the committee's one independent member, supported adding the amendment, and Democrats opposed the addition.[2]

The sixth constitutional amendment would provide that "This constitution does not grant the right to taxpayer-funded abortion or any other right relating to abortion."[2]

The Rules & Executive Nominations Committee also removed the constitutional amendment on executive orders lasting 21 days from SB 106 and modified other constitutional amendments. The election audits amendment was changed to require audits of elections and election results but no longer mentioned voting machines or the list of registered voters. The voting requirements amendment continued to include photo voter ID but no longer addressed citizenship and age requirements for voting.[2]

Votes in Senate and House

On July 8, 2022, the Senate voted 28-22 to pass SB 106. Of the 28 senators supporting SB 106, 26 were Republican, one was a Democrat, and one was an independent. Of the 22 senators opposing SB 106, 20 were Democrats and two were Republicans.[2] As SB 106 was amended in the Senate, the joint resolution was returned to the House for a second time.

Later on July 8, the House voted 107-92 to pass the resolution. Those who voted 'yes' included 106 Republicans and one Democrat. Those who voted 'no' included 88 Democrats and four Republicans.[2]

Vote in the Pennsylvania State Senate
July 8, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions; or two-thirds (66.67 percent) vote of all members in each chamber on an emergency amendment in one session
Number of yes votes required: 26  Approveda
YesNoNot voting
Total28220
Total percent56.00%44.00%0.00%
Democrat1200
Republican2620
Independent100

Vote in the Pennsylvania House of Representatives
July 8, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions; or two-thirds (66.67 percent) vote of all members in each chamber on an emergency amendment in one session
Number of yes votes required: 102  Approveda
YesNoNot voting
Total107923
Total percent52.97%45.54%1.49%
Democrat1880
Republican10643

2023-2024 legislative session

In Pennsylvania, constitutional amendments require legislative approval during two successive legislative sessions before they're referred to the ballot for voters to decide. Legislators would have needed to approve the resolution again during the 2023-2024 session.

Three of the amendments that were passed in the 2021-2022 session within SB 106—the Allow for Concurrent Resolutions to Disapprove of Regulations Amendment, the Childhood Sexual Abuse Retroactive Lawsuits for Two-Year Period Amendment, and the Voter ID Requirement Amendment. These three amendments were packaged together as Senate Bill 1 (SB 1).

On January 11, 2023, SB 1 passed the Pennsylvania State Senate by 28-20.[3]

Vote in the Pennsylvania State Senate
January 11, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions; or two-thirds (66.67 percent) vote of all members in each chamber on an emergency amendment in one session
Number of yes votes required: 26  Approveda
YesNoNot voting
Total28201
Total percent57%41%2%
Democrat1201
Republican2700

Lawsuit

On July 28, 2022, Pennsylvania Governor Tom Wolf (D) sued the state General Assembly over a proposed constitutional amendment on abortion, which is part of the package of five total amendments. The lawsuit argues that the amendment violates the personal right to privacy in the Pennsylvania Constitution. Wolf also argued that the multiple, unrelated amendments packaged together in a single resolution also violated Article XI of the Pennsylvania Constitution.[4] On September 15, 2022, the Pennsylvania Supreme Court rejected Gov. Wolf's challenge.[5] On April 17, 2023, the Commonwealth Court of Pennsylvania dismissed the lawsuit. Judge Lori Dumas wrote, "If every alleged misstep in the constitutional amendment process resulted in a lawsuit, then the potential exists for protracted, piecemeal litigation, which could potentially conflict with election-related deadlines."[6]

See also

External links

Footnotes