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Pennsylvania Eliminate Separate Ballot Requirement for Judicial Retention Elections Amendment (2022)

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Pennsylvania Eliminate Separate Ballot Requirement for Judicial Retention Elections Amendment
Flag of Pennsylvania.png
Election date
November 8, 2022
Topic
Elections and campaigns
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature

The Pennsylvania Eliminate Separate Ballot Requirement for Judicial Retention Elections Amendment was not on the ballot in Pennsylvania as a legislatively referred constitutional amendment in 2022.

The ballot measure would have amended the Pennsylvania Constitution to eliminate the requirement that judicial retention elections appear on a separate ballot (or in a separate column on voting machines) from other elections.[1]

Text of measure

Constitutional changes

See also: Article V, Pennsylvania Constitution

The measure would have amended Section 15(b) of Article V of the Pennsylvania Constitution. The following struck-through text would have been deleted:[2]

Note: Hover over the text and scroll to see the full text.

(b) A justice or judge elected under section thirteen (a), appointed under section thirteen (d) or retained under this section fifteen (b) may file a declaration of candidacy for retention election with the officer of the Commonwealth who under law shall have supervision over elections on or before the first Monday of January of the year preceding the year in which his term of office expires. If no declaration of candidacy for retention election with the officer of the Commonwealth who under law shall have supervision over elections on or before the first Monday of January of the year preceding the year in which his term of office expires. If no declaration is filed, a vacancy shall exist upon the expiration of the term of office of such justice of judge, to be filled by election under section thirteen (a) or by appointment under section thirteen (d) if applicable. If a justice or judge files a declaration, his name shall be submitted to the electors without party designation, on a separate judicial ballot or in a separate column on voting machines, at the municipal election immediately preceding the expiration of the term of office of the justice or judge, to determine only the question whether he shall be retained in office. If a majority is against retention, a vacancy shall exist upon the expiration of his term of office, to be filled by appointment under section thirteen (b) or under section thirteen (d) if applicable. If a majority favors retention, the justice or judge shall serve for the regular term of office provided herein, unless sooner removed or retired. At the expiration of each term a justice or judge shall be eligible for retention as provided herein subject only to the retirement provisions of this article.[3]

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.

2019-2020 legislative session

The constitutional amendment was introduced into the Pennsylvania General Assembly as Senate Bill 413 (SB 413) during the 2019-2020 legislative session. SB 413 included two ballot measures to amend the Pennsylvania Constitution—the Eliminate Separate Ballot Requirement for Judicial Retention Elections Amendment and the No-Excuse Absentee Voting Amendment.[4]

On April 21, 2020, the state House of Representatives voted 202-0 to pass SB 413. On April 28, 2020, the state Senate voted 49-1 to pass SB 413.[4]

Vote in the Pennsylvania House of Representatives
April 21, 2020
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
Total20201
Total percent99.51%0.00%0.49%
Democrat9300
Republican10901

Vote in the Pennsylvania State Senate
April 28, 2020
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
Total4910
Total percent98.00%2.00%0.00%
Democrat2100
Republican2710
Independent100

2021-2022 legislative session

The Pennsylvania General Assembly needed to approve the constitutional amendment again during the 2021-2022 legislative session to place the ballot measure before voters. The constitutional amendment was not passed during the legislative session for the 2022 general election.

See also

External links

Footnotes

  1. Pennsylvania General Assembly, "Senate Bill 413," accessed April 30, 2020
  2. Cite error: Invalid <ref> tag; no text was provided for refs named text
  3. Note: This text is quoted verbatim from the original source.
  4. 4.0 4.1 Pennsylvania General Assembly, "SB 413 Overview," accessed April 30, 2020