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Pennsylvania No State Constitutional Right to Abortion Amendment (2024)
| Pennsylvania No State Constitutional Right to Abortion Amendment | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Constitutional rights | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Pennsylvania No State Constitutional Right to Abortion Amendment was not on the ballot in Pennsylvania as a legislatively referred constitutional amendment in 2024.
The ballot measure would have amended the Pennsylvania Constitution to say that the constitution grants no right to a taxpayer-funded abortion or any other right relating to abortion.
In the Legislature, the constitutional amendment was passed in 2022. In Pennsylvania, a constitutional amendment must be approved during two successive legislative sessions. Republicans controlled both the state House and Senate in 2022. In 2023 and 2024, Pennsylvania had a divided legislature. Democrats won control of the Pennsylvania House of Representatives, while Republicans maintained control of the Pennsylvania Senate.
Additional information on abortion-related ballot measures
In 2024, 11 statewide ballot measures related to abortion were certified in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, New York, Nevada, and South Dakota for the general election ballot on November 5. This was the most on record for a single year.
- You can find a list of 2024's certified and proposed measures here: 2024 abortion-related ballot measures and state context.
- Information on abortion-related ballot measures since 1970 is available here: History of abortion ballot measures.
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.[1]
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.[1]
- 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.[1]
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.[1]
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."[1]
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.[1]
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.[1] 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.[1]
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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.
Lawsuit
On July 28, 2022, Pennsylvania Governor Tom Wolf (D) sued the state General Assembly over the proposed constitutional amendment on abortion, which is part of a 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.[2] On September 15, 2022, the Pennsylvania Supreme Court rejected Gov. Wolf's challenge.[3] 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."[4]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Pennsylvania General Assembly, "Senate Bill 106," accessed July 7, 2022
- ↑ Pennsylvania Governor Tom Wolf, "Gov. Wolf Files Lawsuit to Protect Reproductive Rights," May 9, 2022
- ↑ Argus Media, "Pennsylvania court punts on constitutional changes," Sep 15, 2022
- ↑ NBC Philadelphia, "Court Tosses Tom Wolf Suit Against Voter ID, Abortion Amendments," April 17, 2023
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