“Each of these proposed amendments would have a significant and distinct impact on residents of the Commonwealth. They should have been considered and debated separately.”
PHILADELPHIA, PA – Late last week the Pennsylvania House and Senate passed Senate bill 106, which is a harmful package of constitutional amendments that, if approved by voters, would:
- Declare that the Pennsylvania constitution does not grant any right related to abortion;
- Require a government-issued ID to vote;
- Create a system for election audits,
- Allow gubernatorial candidates to select their running mates; and
- Expand the General Assembly’s power to reject regulations.
The five proposed amendments could appear as separate items on the ballot as early as May 2023.
In March, the Philadelphia Bar Association passed a resolution opposing the use of constitutional amendments as a substitute for the legislative process.
“The way this bill was passed by the General Assembly is the antithesis of responsible governance,” Philadelphia Bar Association Chancellor Wesley R. Payne IV said. “Each of these five proposed amendments would have a significant and distinct impact on residents of the Commonwealth. They should have been considered and debated separately, with time for public comment and input. In addition, while the single subject rule doesn’t apply to proposed constitutional amendments, it is troubling to us that legislators chose not to adhere to this policy.
“Using constitutional amendments as a way to set legislative policy weakens our system of checks and balances, reduces transparency, and because these measures are often put on the ballot during off-year elections, ultimately disenfranchises voters under the guise of empowering them,” Payne said.
Since Pennsylvania’s current constitution went into effect in 1968, there have been 49 proposed amendments that reached voters. Only six were rejected and just 14 of those amendments appeared on ballots during presidential or gubernatorial election years, which typically attract higher voter turnout.
“If legislators truly believe in these and the other amendments that they are proposing, then the proposals should be given the maximum amount of public exposure and discussion,” Payne said. “Among the ideas in our Board of Governors resolution is to only put constitutional amendments on the ballot during November general elections, which would maximize voter participation.
“At a time when faith in institutions are at all-time lows, we are disappointed that legislators have chosen to further weaken that trust through these tactics,” Payne said. “These proposals stand starkly in the face of our Association’s mission to promote respect for the rule of law and a justice system where all who interact with it are on equal footing.”
