CONSTITUTION
OF THE
COMMONWEALTH OF PENNSYLVANIA
WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty
God for the blessings of civil and religious liberty, and humbly invoking
His guidance, do ordain and establish this Constitution.
Article 1
DECLARATION OF RIGHTS
That the general, great and essential principles of liberty and free
government may be recognized and unalterably established, WE DECLARE THAT
-
Inherent Rights of Mankind
Section 1.
All men are born equally free and independent, and have certain inherent
and indefeasible rights, among which are those of enjoying and defending
life and liberty, of acquiring, possessing and protecting property and
reputation, and of pursuing their own happiness.
Political Powers
Section 2.
All power is inherent in the people, and all free governments are founded
on their authority and instituted for their peace, safety and happiness.
For the advancement of these ends they have at all times an inalienable
and indefeasible right to alter, reform or abolish their government in
such manner as they may think proper.
Religious Freedom
Section 3.
All men have a natural and indefeasible right to worship Almighty God according
to the dictates of their own consciences; no man can of right be compelled
to attend, erect or support any place of worship or to maintain any ministry
against his consent; no human authority can, in any case whatever, control
or interfere with the rights of conscience, and no preference shall ever
be given by law to any religious establishments or modes of worship.
Religion
Section 4.
No person who acknowledges the being of a God and a future state of rewards
and punishments shall, on account of his religious sentiments, be disqualified
to hold any office or place of trust or profit under this Commonwealth.
Elections
Section 5.
Elections shall be free and equal; and no power, civil or military, shall
at any time interfere to prevent the free exercise of the right of suffrage.
Trial by Jury
Section 6.
Trial by jury shall be as heretofore, and the right thereof remain inviolate.
The General assembly may provide, however, by law, that a verdict may be
rendered by not less than five-sixths of the jury in any civil case.
Freedom of Press and Speech; Libels
Section 7.
The printing press shall be free to every person who may undertake to examine
the proceedings of the Legislature or any branch of government, and no
law shall ever by made to restrain the right thereof. The free communication
of thoughts and opinions is one of the invaluable rights of man, and every
citizen may freely speak, write and print on any subject, being responsible
for the abuse of that liberty. No conviction shall be had in any prosecution
for the publication of papers relating to the official conduct of officers
or men in public capacity, or to any other matter proper for public investigation
or information, where the fact that such publication was not maliciously
or negligently made shall be established to the satisfaction of the jury;
and in all indictments for libels the jury shall have the right to determine
the law and the facts, under the direction of the court, as in other cases.
Security From Searches and Seizures
Section 8.
The people shall be secure in their persons, houses, papers and possessions
from unreasonable searches and seizures, and no warrant to search any place
or to seize any person or things shall issue without describing them as
nearly as may be, nor without probable cause, supported by oath or affirmation
subscribed by the affiant.
Rights of Accused in Criminal Prosecutions
Section 9.
In all criminal prosecutions the accused hath a right to be heard by himself
and his counsel, to demand the nature and cause of the accusation against
him, to meet the witnesses face to face, to have compulsory process for
obtaining witnesses in his favor, and in prosecutions by indictment or
information, a speedy public trial by an impartial jury of the vicinage;
he cannot be compelled to give evidence against himself, nor can he be
deprived of his life, liberty or property, unless by the judgment of his
peers or the law of the land. The use of a suppressed voluntary admission
or voluntary confession to impeach the credibility of a person may be permitted
and shall not be construed as compelling a person to give evidence against
himself.
Initiation of Criminal Proceedings; Twice in Jeopardy; Eminent Domain
Section 10.
Except as hereinafter provided no person shall, for any indictable offense,
be proceeded against criminally by information, except in cases arising
in the land or naval forces, or in the militia, when in actual service,
in time of war or public danger, or by leave of the court for oppression
or misdemeanor in office. Each of the several courts of common pleas may,
with the approval of the Supreme Court, provide for the initiation of criminal
proceedings therein by information filed in the manner provided by law.
No person shall, for the same offense, be twice put in jeopardy of life
or limb; nor shall private property be taken or applied to public use,
without authority of law and without just compensation being first made
or secured.
Courts to Be Open; Suits Against the Commonwealth
Section 11.
All courts shall be open; and every man for an injury done him in his lands,
goods, person or reputation shall have remedy by due course of law, and
eight and justice administered without sale, denial or delay. Suits may
be brought against the Commonwealth in such manner, in such courts and
in such cases as the Legislature may by law direct.
Power of Suspending Laws
Section 12.
No power of suspending laws shall be exercised unless by the Legislature
or by its authority.
Bail, Fines and Punishments
Section 13.
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel punishments inflicted.
Prisoners to be Bailable; Habeas Corpus
Section 14.
All prisoners shall be bailable by sufficient sureties, unless for capital
offenses when the proof is evident of presumption great; and the privilege
of the writ of habeas corpus shall not be suspended, unless when in case
of rebellion or invasion the public safety may require it.
Special Criminal Tribunals
Section 15.
No commission shall issue creating special temporary criminal tribunals
to try particular individuals or particular classes of cases.
Insolvent Debtors
Section 16.
The person of a debtor, where there is not strong presumption of fraud,
shall not be continued in prison after delivering up his estate for the
benefit of his creditors in such manner as shall be prescribed by law.
Ex Post Facto Laws; Impairment of Contracts
Section 17.
No ex post facto law, nor any law impairing the obligation of contracts,
or making irrevocable any grant of special privileges or immunities, shall
be passed.
Attainder
Section 18.
No person shall be attained of treason or felony by the Legislature.
Attainder Limited
Section 19.
No attainder shall work corruption of blood, nor, except during the life
of the offender, forfeiture of estate to the Commonwealth.
Right of Petition
Section 20.
The citizens have a right in a peaceable manner to assemble together for
their common good, and to apply to those invested with the powers of government
for redress of grievances or other proper purposes by petition, address
or remonstrance.
Right to Bear Arms
Section 21.
The right of the citizens to bear arms in defense of themselves and the
State shall not be questioned.
Standing Army; Military Subordinate to Civil Power
Section 22.
No standing army shall, in time of peace, be kept up without the consent
of the Legislature, and the military shall in all cases and at all times
be in strict subordination to the civil power.
Quartering of Troops
Section 23.
No soldier shall in time of peace be quartered in any house without the
consent of the owner, nor in time of war but in a manner to be prescribed
by law.
Titles and Offices
Section 24.
The Legislature shall not grant any title of nobility of hereditary distinction,
nor create any office the appointment to which shall be for a longer term
than during good behavior.
Reservation of Powers in People
Section 25.
To guard against the transgressions of the high powers which we have delegated,
we declare that everything in this article is excepted out of the general
powers of government and shall forever remain inviolate.
No Discrimination by Commonwealth and Its Political Subdivisions
Section 26.
Neither the Commonwealth nor any political subdivision thereof shall deny
to any person the enjoyment of any civil right, nor discriminate against
any person in the exercise of any civil right.
Natural Resources and the Public Estate
Section 27.
The people have a right to clean air, pure water, and to the preservation
of the natural, scenic, historic and esthetic values of the environment.
Pennsylvania's public natural resources are the common property of all
the people, including generations yet to come. As trustee of these resources,
the Commonwealth shall conserve and maintain them for the benefit of all
the people.
Prohibition Against Denial or Abridgment of Equality of Rights Because
of Sex
Section 28.
Equality of rights under the law shall not be denied or abridged in the
Commonwealth of Pennsylvania because of the sex of the individual.
Article II
THE LEGISLATURE
Legislative Power
Section 1.
The legislative power of this Commonwealth shall be vested in a General
Assembly, which shall consist of a Senate and a House of Representatives.
Election of Members; Vacancies
Section 2.
Members of the General Assembly shall be chosen at the general election
every second year. Their term of service shall begin on the first day of
December next after their election. Whenever a vacancy shall occur in either
House, the presiding officer thereof shall issue a writ of election to
fill such vacancy for the remainder of the term.
Terms of Members
Section 3.
Senators shall be elected for the term of four years and Representatives
for the term of two years.
Sessions
Section 4.
The General Assembly shall be a continuing body during the term for which
its Representatives are elected. It shall meet at twelve o'clock noon on
the first Tuesday of January each year. Special sessions shall be called
by the Governor on petition of a majority of the members elected to each
House or may be called by the Governor whenever in his opinion the public
interest requires.
Qualifications of Members
Section 5.
Senators shall be at least twenty-five years of age and Representatives
twenty-one years of age. They shall have been citizens and inhabitants
of their respective districts one year next before their election (unless
absent on the public business of the United States or of this State) and
shall reside in their respective districts during their terms of service.
Disqualification to Hold Other Office
Section 6.
No Senator or Representative shall, during the time for which he was elected,
be appointed to any civil office under this Commonwealth to which a salary,
fee of perquisite is attached. No member of Congress or other person holding
any office (except of attorney-at law or in the national guard or in a
reserve component of the armed forces of the United States) under the United
States of this Commonwealth to which a salary, fee or perquisite is attached
shall be a member of either House during his continuance in office.
Ineligibility by Criminal Convictions
Section 7.
No person hereafter convicted of embezzlement of public moneys, bribery,
perjury or other infamous crime, shall be eligible to the General Assembly,
or capable of holding any office of trust or profit in this Commonwealth.
Compensation
Section 8.
The members of the General Assembly shall receive such salary and mileage
for regular and special sessions as shall be fixed by law, and no other
compensation whatever, whether for service upon committee or otherwise.
No member of either House shall during the term for which he may have been
elected, receive any increase of salary, or mileage, under any law passed
during such term.
Election of Officers; Judge of Election and Qualifications of Members
Section 9.
The Senate shall, at the beginning and close of each regular session and
at such other times as may be necessary, elect one of its members President
protempore, who shall perform the duties of the Lieutenant Governor shall
be vacant. The House of Representatives shall elect one of its members
as Speaker. Each House shall choose its other officers, and shall judge
of the election and qualifications of its members.
Quorum
Section 10.
A majority of each House shall constitute a quorum, but a smaller number
may adjourn from day to day and compel the attendance of absent members.
Powers of Each House; Expulsion
Section 11.
Each House shall have power to determine the rules of its proceedings and
punish its members or other persons for contempt or disorderly behavior
in its presence, to enforce obedience to its process, to protect its members
against violence or offers of bribes or private solicitation, and, with
the concurrence of two-thirds, to expel a member, but not a second time
for the same cause, and shall have all other powers necessary for the Legislature
of a free State. A member expelled for corruption shall not thereafter
be eligible to either House, and punishment for contempt or disorderly
behavior shall not bar an indictment for the same offense.
Journals; Yeas and Nays
Section 12.
Each House shall keep a journal of its proceedings and from time to time
publish the same, except such parts as require secrecy, and the yeas and
nays of the members on any question shall, at the desire of any two of
them, be entered on the journal.
Open Sessions
Section 13.
The sessions of each House and of committees of the whole shall be open,
unless when the business is such as ought to be kept secret.
Adjournments
Section 14.
Neither House shall, without the consent of the other, adjourn for more
than three days, nor to any other place than that in which the two Houses
shall be sitting.
Privileges of Members
Section 15.
The members of the General Assembly shall in all cases, except treason,
felony, violation of their oath of office, and breach of surety of the
peace, be privileged from arrest during their attendance at the sessions
of their respective Houses and in going to and returning from the same;
and for any speech or debate in either House they shall not be questioned
in any other place.
Legislative Districts
Section 16.
The Commonwealth shall be divided into fifty senatorial and two hundred
three representative districts, which shall be composed of compact and
contiguous territory as nearly equal in population as practicable. Each
senatorial district shall elect one Senator, and each representative district
one Representative. Unless absolutely necessary no county, city, incorporated
town, borough, township or ward shall be divided in forming either a senatorial
or representative district.
Legislative Reapportionment Commission
Section 17.
(a) In each year following the year of the Federal decennial census, a
Legislative Reapportionment Commission shall be constituted for the purpose
of reapportioning the Commonwealth. The commission shall act by a majority
of its entire membership.
(b) The commission shall consist of five members: four of whom shall
be the majority and minority leaders of both the Senate and the House of
Representatives, or deputies appointed by each of them, and a chairman
selected as hereinafter provided. No later than 60 days following the official
reporting of the Federal decennial census as required by Federal law, the
four members shall be certified by the President Pro Tempore of the Senate
and the Speaker of the House of Representatives to the elections officer
of the Commonwealth who under law shall have supervision over elections.
The four members within 45 days after their certification shall select
the fifth member, who shall serve as chairman of the commission, and shall
immediately certify his name to such elections officer. The chairman shall
be a citizen of the Commonwealth other than a local, State or Federal official;
holding an office to which compensation is attached. If the four members
fail to select the fifth member within the time prescribed, a majority
of the entire membership of the Supreme Court within thirty days thereafter
shall appoint the chairman as aforesaid and certify his appointment to
such elections officer. Any vacancy in the commission shall be filled within
fifteen days in the same manner in which such position was originally filled.
(c) No later than ninety days after either the commission has been duly
certified or the population data for the Commonwealth as determined by
the Federal decennial census are available, whichever is later in time,
the commission shall file a preliminary reapportionment plan with such
elections officer. The commission shall have thirty days after filling
the preliminary plan to make corrections in the plan. Any person aggrieved
by the preliminary plan shall have the same thirty-day period to file exceptions
with the commission in which case the commission shall thirty days after
the date the exceptions were filled to prepare and file with such elections
officer a revised reapportionment plan. If no exceptions are filled within
thirty days, or if filed and acted upon, the commission's plan shall be
final and have the force of law.
(d) Any aggrieved person may file an appeal from the final plan directly
to the Supreme Court within thirty days after the filing thereof. If the
appellant establishes that the final plan is contrary to law, the Supreme
Court shall issue an order remanding the plan to the commission and directing
the commission to reapportion the Commonwealth in a manner not inconsistent
with such order.
(e) When the Supreme Court has finally decided an appeal or when the
last day for filing an appeal has passed with no appeal taken, the reapportionment
plan shall have the force of law and the districts therein provided shall
be used thereafter in elections to the General Assembly until the next
reapportionment as required under this section 17.
(f) The General Assembly shall appropriate sufficient funds for the
compensation and expenses of members and staff appointed by the commission,
and other necessary expenses. The members of the commission shall be entitled
to such compensation for their services as the General Assembly from time
to time shall determine but no part thereof shall be paid until a preliminary
plan is filed. If a preliminary plan is filed but the commission fails
to file a revised or final plan within the time prescribed, the commission
members shall forfeit all right to compensation not paid.
(g) If a preliminary, revised or final reapportionment plan is not filed
by the commission within the time prescribed by this section, unless the
time be extended by the Supreme Court for cause shown, the Supreme Court
shall immediately proceed on its own motion to reapportion the Commonwealth.
(h) Any reapportionment plan filed by the commission, or ordered or
prepared by the Supreme Court upon the failure of the commission to act,
shall be published by the elections officer once in at least one newspaper
of general circulation in each senatorial and representative district.
The publication shall contain a map of the Commonwealth showing the complete
reapportionment of the General Assembly by districts, and a map showing
the reapportionment districts in the area normally served by the newspaper
in which the publication is male. The publication shall also state the
population of the senatorial and representative districts having the smallest
and largest population and the percentage variation of such districts from
the average population for senatorial and representative districts.
Article III
LEGISLATION
A. Procedure
Passage of Laws
Section 1.
No law shall be passed except by bill, and no bill shall be so altered
or amended, on its passage through either House, as to change its original
purpose.
Reference to Committee; Printing
Section 2.
No bill shall be considered unless referred to a committee, printed for
the use of the members and returned therefrom.
Form of Bills
Section 3.
No bill shall be passed containing more than one subject, which shall be
clearly expressed in its title, except a general appropriation bill or
a bill codifying or compiling the law or a part thereof.
Consideration of Bills
Section 4.
Every bill shall be considered on three different days in each House. All
amendments made thereto shall be printed for the use of the members before
the final vote is taken on the bill and before the final vote is taken,
upon written request addressed to the presiding officer of either House
by at least twenty-five percent of the members elected to that House, any
bill shall be read at length in that House. No bill shall become a law,
unless on its final passage the vote is taken by yeas and nays, the names
of the persons voting for and against it are entered on the journal, and
a majority of the members elected to each House is recorded thereon as
voting in its favor.
Concurring in Amendments; Conference Committee Reports
Section 5.
No amendment to bills by one House shall be concurred in by the other,
except by the vote of a majority of the members elected thereto, taken
by yeas and nays, and the names of those voting recorded upon the journals.
Revival and Amendment of Laws
Section 6.
No law shall be revived, amended, or the provisions thereof extended or
conferred, by reference to its title only, but so much thereof as is revived,
amended, extended or conferred shall be re-enacted and published at length.
Notice of Local and Special Bills
Section 7.
No local or special bill shall be passed unless notice of the intention
to apply therefor shall have been published in the locality where the matter
or the thing to be effected may be situated, which notice shall be at least
thirty days prior to the introduction into the General Assembly of such
bill and in the manner to be provided by law; the evidence of such notice
having been published, shall be exhibited in the General Assembly, before
such act shall be passed.
Signing of Bills
Section 8.
The presiding officer of each House shall, in the presence of the House
over which he presides, sign all bills and joint resolutions passed by
the General Assembly, after their titles have been publicly read immediately
before signing; and the fact of signing shall be entered on the journal.
Action on Concurrent Orders and Resolutions
Section 9.
Every order, resolution or vote, to which the concurrence of both Houses
may be necessary, except on the question of adjournment, shall be presented
to the Governor and before it shall take effect be approved by him, or
being disapproved, shall be repassed by two-thirds of both Houses according
to the rules and limitations prescribed in case of a bill.
Revenue Bills
Section 10.
All bills for raising revenue shall originate in the House of Representatives,
but the Senate may propose amendments as in other bills.
Appropriation Bills
Section 11.
The general appropriation bill shall embrace nothing but appropriations
for the executive, legislative and judicial departments of the Commonwealth,
for the public debt and for public schools. All other appropriations shall
be made by separate bills, each embracing but one subject.
Legislation Designated by Governor at Special Sessions
Section 12.
When the General Assembly shall be convened in special session, there shall
be no legislation upon subjects other than those designated in the proclamation
of the Governor calling such session.
Vote Denied Members with Personal Interest
Section 12.
A member who has a personal or private interest in any measure or bill
proposed or pending before the General Assembly shall disclose the fact
to the House of which he is a member, and shall not vote thereon. B. Education
Public School System
Section 14.
The General Assembly shall provide for the maintenance and support of a
thorough and efficient system of public education to serve the needs of
the Commonwealth.
Public School Money Not Available to Sectarian Schools
Section 15.
No money raised for the support of the public schools of the Commonwealth
shall be appropriated to or used for the support of any sectarian school.
C. National Guard
National Guard to be Organized and Maintained
Section 16.
The citizens of this Commonwealth shall be armed, organized and disciplined
for its defense when and in such manner as may be directed by law. The
General Assembly shall provide for maintaining the National Guard by appropriations
from the Treasury of the Commonwealth, and may exempt from State military
service persons having conscientious scruples against bearing arms. D.
Other Legislation Specifically Authorized
Appointment of Legislative Officers and Employees
Section 17.
The General Assembly shall prescribe by law the number, duties and compensation
of the officers and employees of each House, and no payment shall be made
from the State Treasury, or be in any way authorized, to any person, except
to an acting officer or employee elected or appointed in pursuance of law.
Compensation Laws Allowed to General Assembly
Section 18.
The General Assembly may enact laws requiring the payment by employers,
or employers and employees jointly, of reasonable compensation for injuries
to employees arising in the course of their employment, and for occupational
diseases of employees, whether or not such injuries or diseases result
in death, and regardless of fault of employer or employee, and fixing the
basis of ascertainment of such compensation and the maximum and minimum
limits thereof, and providing special or general remedies for the collection
thereof; but in no other cases shall the General Assembly limit the amount
to be recovered for injuries resulting in death, or for injuries to persons
or property, and in case of death from such injuries, the right of action
shall survive, and the General Assembly shall prescribe for whose benefit
such actions shall be prosecuted. No act shall prescribe any limitations
of time within which suits may be brought against corporations for injuries
to persons or property, or for other causes different from those fixed
by general laws regulating actions against natural persons, and such acts
now existing are avoided.
Appropriations for Support of Widows and Orphans of Persons Who Served
in the Armed Forces
Section 19.
The General Assembly may make appropriations of money to institutions wherein
the widows of persons who served in the armed forces are supported or assisted,
or the orphans of persons who served in the armed forces are maintained
and educated; but such appropriations shall be applied exclusively to the
support of such widows and orphans.
Classification of Municipalities
Section 20.
The Legislature shall have power to classify counties, cities, boroughs,
school districts, and townships according to population, and all laws passed
relating to each class, and all laws passed relating to, and regulating
procedure and proceedings in court with reference to, any class, shall
be deemed general legislation within the meaning of this Constitution.
Land Title Registration
Section 21.
Laws may be passed providing for a system of registering, transferring,
insuring of and guaranteeing land titles by the State, or by the counties
thereof, and for settling and determining adverse or other claims to and
interest in lands the titles to which are so registered, transferred, insured,
and guaranteed; and for the creation and collection of indemnity funds;
and for carrying the system and powers hereby provided for into effect
by such existing courts as may be designated by the Legislature. Such laws
may provide for continuing the registering, transferring, insuring, and
guaranteeing such titles after the first or original registration has been
perfected by the court, and provision may be made for raising the necessary
funds for expenses and salaries of officers, which shall be paid out of
the treasury of the several counties.
State Purchases
Section 22.
The General Assembly shall maintain by law a system of competitive bidding
under which all purchases of materials, printing, supplies or other personal
property used by the government of this Commonwealth shall so far as practicable
be made. The law shall provide that no officer or employee of the Commonwealth
shall be in any way interested in any purchase made by the Commonwealth
under contract or otherwise.
Change of Venue
Section 23.
The power to change the venue in civil and criminal cases shall be vested
in the courts, to be exercised in such manner as shall be provided by law.
Paying Out Public Moneys
Section 24.
No money shall be paid out of the treasury, except on appropriations made
by law and on warrant issued by the proper officers; but cash refunds of
taxes, licenses, fees and other charges paid or collected, but not legally
due, may be paid, as provided by law, without appropriation from the fund
into which they were paid on warrant of the proper officer.
Emergency Seats of Government
Section 25.
The General Assembly may provide, by law, during any session, for the continuity
of the executive, legislative, and judicial functions of the government
of the Commonwealth, and its political subdivisions, and the establishment
of emergency seats thereof and any such laws heretofore enacted are validated.
Such legislation shall become effective in the event of an attack by an
enemy of the United States.
Extra Compensation Prohibited; Claims Against the Commonwealth; Pensions
Section 26.
No bill shall be passed giving any extra compensation to any public officer,
servant, employee, agent or contractor after services shall be rendered
or contract made, nor providing for the payment of any claim against the
Commonwealth without previous authority of law. Provided, however, that
nothing in this Constitution shall be construed to prohibit the General
Assembly from authorizing the increase of retirement allowances or pensions
of members of a retirement or pension system now in effect or hereafter
legally constituted by the Commonwealth, its political subdivisions, agencies
or instrumentalities, after the termination of the services of said member.
Changes in Term of Office or Salary Prohibited
Section 27.
No law shall extend the term of any public officer, or increase or diminish
his salary or emoluments, after his election or appointment. E. Restrictions
on Legislative Power
Change of Permanent Location of State Capital
Section 28.
No law changing the permanent location of the Capital of the State shall
be valid until the same shall have been submitted to the qualified electors
of the Commonwealth at a general election and ratified and approved by
them.
Appropriations for Public Assistance, Military Service, Scholarships
Section 29.
No appropriation shall be made for charitable, educational or benevolent
purposes to any person or community nor to any denomination and sectarian
institution, corporation or association: Provided, that appropriations
may be made for pensions of gratuities for military service and to blind
persons twenty-one years of age and upwards and for assistance to mothers
having dependent children and to aged persons without adequate means of
support and in the form of scholarship grants or loans for higher educational
purposes to residents of the Commonwealth enrolled in institutions of higher
learning except that no scholarship, grants or loans for higher educational
purposes shall be given to persons enrolled in a theological seminary or
school of theology.
Charitable and Educational Appropriations
Section 30.
No appropriation shall be made to any charitable or educational institution
not under the absolute control of the Commonwealth, other than normal schools
established by law for the professional training of teachers for the public
schools of the State, except by a vote of two-thirds of all the members
elected to each House.
Delegation of Certain Powers Prohibited
Section 31.
The General Assembly shall not delegate to any special commission, private
corporation or association, any power to make, supervise or interfere with
any municipal improvement, money, property or effects, whether held in
trust or otherwise, or to levy taxes or perform any municipal function
whatever. Notwithstanding the foregoing limitation or any other provision
of the Constitution, the General Assembly may enact laws which provide
that the findings of panels or commissions, selected and acting in accordance
with law for the adjustment or settlement of grievances or disputes or
for collective bargaining between policemen and firemen and their public
employers shall be binding upon all parties and shall constitute a mandate
to the head of the political subdivision which is the employer or to the
appropriate officer of the Commonwealth if the Commonwealth is the employer,
with respect to matters which can be remedied by administrative action,
and to the lawmaking body of such political subdivision or of the Commonwealth,
with respect to matters which require legislative action, to take the action
necessary to carry out such findings.
Certain Local and Special Laws
Section 32.
The General Assembly shall pass no local or special law in any case which
has been or can be provided for by general law and specifically the General
assembly shall not pass any local or special law.
1. Regulating the affairs of counties, cities, townships, wards, boroughs,
or school districts.
2. Vacating roads, town plats, streets or alleys.
3. Locating or changing county seats, erecting new counties or changing
county lines.
4. Erecting new townships or boroughs, changing township lines, borough
limits or school districts.
5. Remitting fines, penalties and forfeitures, or refunding moneys
legally paid into the treasury.
6. Exempting property from taxation.
7. regulating labor, trade, mining or manufacturing.
8. Creating corporations, or amending, renewing or extending the charters
thereof.
Nor shall the General Assembly indirectly enact any special or local
law by the partial repeal of a general law; but laws repealing local or
special acts may be passed.
Article IV
THE EXECUTIVE
Executive Department
Section 1.
The Executive Department of this Commonwealth shall consist of a Governor,
Lieutenant Governor, Attorney General, Auditor General, State Treasurer,
and Superintendent of Public Instruction and such other officers as the
General Assembly may from time to time prescribe.
Duties of Governor; Election Procedure; Tie or contest
Section 2.
The supreme executive power shall be vested in the Governor, who shall
take care that the laws be faithfully executed; he shall be chosen on the
day of the general election, by the qualified electors of the Commonwealth,
at the places where they shall vote for Representatives. The returns of
every election for Governor shall be sealed up and transmitted to the seat
of government, directed to the President of the Senate, who shall open
and publish them in the presence of the members of both Houses of the General
Assembly. The person having the highest number of votes shall be Governor,
but if two or more be equal and highest in votes, one of them shall be
chosen Governor by the joint vote of the members of both Houses. Contested
elections shall be determined by a committee, to be selected from both
Houses of the General Assembly, and formed and regulated in such manner
as shall be directed by law. General Assembly. The person having the highest
number of votes shall be Governor, but if two or more be equal and highest
in votes, one of them shall be chosen Governor by the joint vote of members
of both Houses. Contested elections shall be determined by a committee,
to be selected from both Houses of the General Assembly, and formed and
regulated in such manner as shall be directed by law.
Terms of Office of Governor; Number of Terms
Section 3.
The Governor shall hold his office during four years from the third Tuesday
of January new ensuing his election. Except for the Governor who may be
in office when this amendment is adopted, he shall be eligible to succeed
himself for one additional term.
Lieutenant Governor
Section 4.
A Lieutenant Governor shall be chosen jointly with the Governor by the
casting by each voter of a single vote applicable to both offices, for
the same term, and subject to the same provisions as the Governor; he shall
be President of the Senate. As such, he may vote in case of a tie on any
question except the final passage of a bill or joint resolution, the adoption
of a conference report or the concurrence in amendments made by the House
of Representatives.
Attorney General
Section 4.
1. An Attorney General shall be chosen by the qualified electors of the
Commonwealth on the day the general election is held for the Auditor General
and State Treasurer; he shall hold his office during four years from the
third Tuesday of January next ensuing his election and shall not be eligible
to serve continuously for more than two successive terms; he shall be the
chief law officer of the Commonwealth and shall exercise such powers and
perform such duties as may be imposed by law.
Qualifications of Governor, Lieutenant Governor and Attorney General
Section 5.
No person shall be eligible to the office of Governor, Lieutenant Governor
or Attorney General except a citizen of the United States, who shall have
attained the age of thirty years, and have been seven years next preceding
his election an inhabitant of this Commonwealth, unless he shall have been
absent on the public business of the United States or of this Commonwealth.
No person shall be eligible to the office of Attorney General except a
member of the bar of the Supreme Court of Pennsylvania.
Disqualification for Offices of Governor, Lieutenant Governor and Attorney
General
Section 6.
No member of Congress or person holding any office (except of attorney-at-law
or in the National Guard or in a reserve component of the armed forces
of the United States) under the United States or this Commonwealth shall
exercise the office of Governor, Lieutenant Governor or Attorney General.
Military Power
Section 7.
The Governor shall be commander-in-chief of the military forces of the
Commonwealth, except when they shall be called into actual service of the
United States.
Appointing Power
Section 8.
(a) The Governor shall appoint a Secretary of Education and such other
officers as he shall be authorized by law to appoint. The appointment of
the Secretary of Education and of such other officers as may be specified
by law, shall be subject to the consent of two-thirds or a majority of
the members elected to the Senate as is specified by law.
(b) The Governor shall fill vacancies in offices to which he appoints
by nominating to the Senate a proper person to fill the vacancy within
90 days of the first day of the vacancy and not thereafter. The Senate
shall act on each executive nomination within 25 legislative days of its
submission. If the Senate has not voted upon a nomination within 15 legislative
days following such submission, any five members of the Senate may, in
writing, request the presiding officer of the Senate to place the nomination
before the entire Senate body whereby the nomination must be voted upon
prior to the expiration of five legislative days or 25 legislative days
following submission by the Governor, whichever occurs first. If the nomination
is made during a recess or after adjournment sine die, the Senate shall
act upon it within 25 legislative days after its return or reconvening.
If the Senate for any reason fails to act upon a nomination submitted to
it within the required 25 legislative days, the nominee shall take office
as if the appointment had been consented to by the Senate. The Governor
shall in a similar manner fill vacancies in the offices of Auditor General,
State Treasurer, justice, judge, justice of the peace and in any other
elective office he is authorized to fill. In the case of a vacancy in an
elective office, a person shall be elected to the office on the next election
day appropriate to the office unless the first day of the vacancy is within
two calendar months immediately preceding the election day in which case
the election shall be held on the second succeeding election day appropriate
to the office.
(c) In acting on executive nominations, the Senate shall sit with open
doors. The votes shall be taken by yeas and nays and shall be entered on
the journal.
Pardoning Power; Board of Pardons
Section 9.
(a) In all criminal cases except impeachment, the Governor shall have power
to remit fines and forfeitures, to grant reprieves, commutation of sentences
and pardons; but no pardon shall be granted, nor sentence commuted, except
on the recommendation in writing of a majority of the Board of Pardons,
after full hearing in open session, upon due public notice. The recommendation,
with the reasons therefor at length, shall be delivered to the Governor
and a copy thereof shall be kept on file in the office of the Lieutenant
Governor in a docket kept for that purpose.
(b) The Board of Pardons shall consist of the Lieutenant Governor who
shall be chairman, the Attorney General and three members appointed by
the Governor with the consent of two-thirds or a majority of the members
elected to the Senate as is specified by law for terms of six years. The
three members appointed by the Governor shall be residents of Pennsylvania
and shall be recognized leaders in their fields; one shall be a member
of the bar, one a penologist, and the third a doctor of medicine, psychiatrist
or psychologist. The board shall keep records of its actions, which shall
at all times be open for public inspection.
Information from Department Officials
Section 10.
The Governor may require information in writing from the officers of the
Executive Department, upon any subject relating to the duties of their
respective offices.
Messages to the General Assembly
Section 11.
He shall, from time to time, give to the General Assembly information of
the state of the Commonwealth, and recommend to their consideration such
measures as he may judge expedient.
Power to Convene and Adjourn the General Assembly
Section 12.
He may, on extraordinary occasions, convene the General Assembly, and in
case of disagreement between the two Houses, with respect to the time of
adjournment, adjourn them to such time as he shall think proper, not exceeding
four months. He shall have power to convene the Senate in extraordinary
session by proclamation for the transaction of Executive business.
When Lieutenant Governor to Act as Governor
Section 13.
In the case of the death, conviction on impeachment, failure to qualify
or resignation of the Governor, the Lieutenant Governor shall become Governor
for the remainder of the term and in the case of the disability of the
Governor, the powers, duties and emoluments of the office shall devolve
upon the Lieutenant Governor until the disability is removed.
Vacancy in Office of Lieutenant Governor
Section 14.
In case of the death, conviction on impeachment, failure to qualify or
resignation of the Lieutenant Governor, or in case he should become Governor
under section 13 of this article, the President pro tempore of the Senate
shall become Lieutenant Governor for the remainder of the term. In case
of the disability of the Lieutenant Governor, the powers, duties and emoluments
of the office shall devolve upon the President pro tempore of the Senate
until the disability is removed. Should there be no Lieutenant Governor,
the President pro tempore of the Senate shall become Governor if a vacancy
shall occur in the office of Governor and in case of the disability of
the Governor, the powers, duties and emoluments of the office shall devolve
upon the President pro tempore of the Senate until the disability is removed.
His seat as Senator shall become vacant whenever he shall become Governor
and shall be filled by election as any other vacancy in Senate.
Approval of Bills; Vetoes
Section 15.
Every bill which shall have passed both Houses shall be presented to the
Governor; if he approves he shall sign it, but if he shall not approve
he shall return it with his objections to the House in which it shall have
originated, which House shall enter the objections at large upon their
journal, and proceed to re-consider it. If after such re-consideration,
two-thirds of all the members elected to that House shall agree to pass
the bill, it shall be sent with the objections to the other House by which
likewise it shall be re-considered, and if approved by two-thirds of all
the members elected to that House it shall be a law; but in such cases
the votes of both Houses shall be determined by yeas and nays, and the
names of the members voting for and against the bill shall be entered on
the journals of each House, respectively. If any bill shall not be returned
by the Governor within ten days after it shall have been presented to him,
the same shall be a law in like manner as if he had signed it, unless the
General Assembly, by their adjournment, prevent its return, in which case
it shall be a law, unless he shall file the same, with his objections,
in the office of the Secretary of the Commonwealth, and give notice thereof
by public proclamation within thirty days after such adjournment.
Partial Disapproval of Appropriation Bills
Section 16.
The Governor shall have power to disapprove of any item of any bill, making
appropriations of money, embracing distinct items, and the part or parts
of the bill approved shall be the law, and the item or items of appropriation
disapproved shall be void, unless re-passed according to the rules and
limitations prescribed for the passage of other bills over the Executive
veto.
Contested Elections of Governor, Lieutenant Governor and Attorney General;
When Succeeded
Section 17.
The Chief Justice of the Supreme Court shall preside upon the trial of
any contested election of Governor, Lieutenant Governor or Attorney General
and shall decide questions regarding the admissibility of evidence, and
shall, upon request of the committee, pronounce his opinion upon other
questions of law involved in the trial. The Governor, Lieutenant Governor
and Attorney General shall exercise the duties of their respective offices
until their successors shall be duly qualified.
Terms of Office of Auditor General and State Treasurer; Number of Terms;
Eligibility of State Treasurer to become Auditor General
Section 18.
The terms of the Auditor General and of the State Treasurer shall each
be four years from the third Tuesday of January next ensuing his election.
They shall be chosen by the qualified electors of the Commonwealth at general
elections but shall not be eligible to serve continuously for more than
two successive terms. The State Treasurer shall not be eligible to the
office of Auditor General until fours years after he has been State Treasurer.
State Seal; Commissions
Section 19.
The present Great Seal of Pennsylvania shall be the seal of the State.
All commissions shall be in the name and by authority of the Commonwealth
of Pennsylvania, and be sealed with the State seal and signed by the Governor.
Article V
THE JUDICIARY
Unified Judicial System
Section 1.
The judicial power of the Commonwealth shall be vested in a unified judicial
system consisting of the Supreme Court, the Superior Court, the Commonwealth
Court, courts of common pleas, community courts, municipal and traffic
courts in the City of Philadelphia, such other courts as may be provided
by law and justices of the peace. All courts and justices of the peace
and their jurisdiction shall be in this unified judicial system.
Supreme Court
Section 2.
The Supreme Court
(a) shall be the highest court of the Commonwealth and in this court
shall be reposed the supreme judicial power of the Commonwealth;
(b) shall consist of seven justices, one of whom shall be the justice;
and
(c) shall have such jurisdiction as shall be provided by law.
Superior Court
Section 3.
The Superior Court shall be a statewide court, and shall consist of the
number of judges, which shall be not less than seven judges, and have such
jurisdiction as shall be provided by this Constitution or by the General
Assembly. One of its judges shall be the president judge.
Commonwealth Court
Section 4.
The Commonwealth Court shall be a statewide court, and shall consist of
the number of judges and have such jurisdiction as shall be provided by
law. One of its judges shall be the president judge.
Courts of Common Pleas
Section 5.
There shall be one court of common pleas for each judicial district
(a) having such divisions and consisting of such number of judges as
shall be provided by law, one of whom shall be the president judge; and
(b) having unlimited original jurisdiction in all cases except as may
otherwise be provided by law.
Community Courts; Philadelphia Municipal Court and Traffic Court
Section 6.
(a) in any judicial district a majority of the electors voting thereon
may approve the establishment or discontinuance of a community court. Where
a community court is approved, one community court shall be established;
its divisions, number of judges and jurisdiction shall be as provided by
law.
(b) The question whether a community court shall be established or discontinued
in any judicial district shall be placed upon the ballot in a primary election
by petition which shall be in the form prescribed by the officer of the
Commonwealth who under law shall have supervision over elections. The petition
shall be filed with that officer and shall be signed by a number of electors
equal to five percent of the total votes cast for all candidates for the
office occupied by a single official for which the highest number of votes
was cast in that judicial district at the last preceding general or municipal
election. The manner of signing such petitions, the time of circulating
them, the affidavits of the persons circulating them and all other details
not contained herein shall be governed by the general laws relating to
elections. The question shall not be placed upon the ballot in a judicial
district more than once in any five-year period.
(c) In the City of Philadelphia there shall be a municipal Court and
a traffic court. The number of judges and the jurisdiction of each shall
be as provided by law. These courts shall exist so long as a community
court has not been established or in the event one has been discontinued
under this section.
Justices of the Peace; Magisterial Districts
Section 7.
(a) In any judicial district, other than the City of Philadelphia, where
a community court has not been established or where one has been discontinued
there shall be one justice of the peace in each magisterial district. The
jurisdiction of the justice of the peace shall be as provided by law.
(b) The General Assembly shall by law establish classes of magisterial
districts solely on the basis of population and population density and
shall fix the salaries to be paid justices of the peace in each class.
The number and boundaries of magisterial districts of each class within
each judicial district shall be established by the Supreme Court or by
the courts of common pleas under the direction of the Supreme Court as
required for the efficient administration of justice within each magisterial
district.
Other Courts
Section 8.
The General Assembly may establish additional courts or divisions of existing
courts, as needed, or abolish any statutory court or division thereof.
Right of Appeal
Section 9.
There shall be a right of appeal in all cases to a court of record from
a court not of record; and there shall also be a right of appeal from a
court of record or from an administrative agency to a court of record or
to an appellate court, the selection of such court to be as provided by
law; and there shall be such other rights of appeal as may be provided
by law.
Judicial Administration
Section 10.
(a) The Supreme Court shall exercise general supervisory and administrative
authority over all the courts and justices of the peace, including authority
to temporarily assign judges and justices of the peace from one court or
district to another as it deems appropriate.
(b) The Supreme Court shall appoint a court administrator and may appoint
such subordinate administrators and staff as may be necessary and proper
for the prompt and proper disposition of the business of all courts and
justices of the peace.
(c) The Supreme Court shall have the power to prescribe general rules
governing practice, procedure and the conduct of all courts, justices of
the peace and all officers serving process or enforcing orders, judgments
or decrees of any court or justice of the peace, including the power to
provide for assignments and reassignment of classes of actions or classes
of appeals among the several courts as the needs of justice shall require,
and for admission to the bar and to practice law, and the administration
of all courts and supervision of all officers of the Judicial Branch, if
such rules are consistent with this Constitution and neither abridge, enlarge
nor modify the substantive rights of any litigant, nor affect the right
of the General Assembly to determine the jurisdiction of any court or justice
of the peace, nor suspend nor alter any statute of limitation or repose.
All laws shall be suspended to the extent that they are inconsistent with
rules prescribed under these provisions.
(d) The Chief Justice and president judges of all courts with seven
or less judges shall be the justice or judge longest in continuous service
on their respective courts; and in the event of his resignation from this
position the justice or judge next longest in continuous service shall
be the Chief Justice or president judge. The president judges of all other
courts shall be selected for five-year terms by the members of their respective
courts, except that the president judge of the traffic court in the City
of Philadelphia shall be appointed by the Governor. A chief Justice or
president judge may resign such position and remain a member of the court.
In the event of a tie vote for office of president judge in a court which
elects its president judge, the Supreme Court shall appoint as president
judge one of the judges receiving the highest number of votes.
(e) Should any two or more justices or judges of the same court assume
office at the same time, they shall cast lots forthwith for priority of
commission, and certify the results to the Governor who shall issue their
commissions accordingly.
Judicial Districts; Boundaries
Section 11.
The number and boundaries of judicial districts shall be changed by the
General Assembly only with the advice and consent of the Supreme Court.
Qualifications of Justices, Judges and Justices of the Peace
Section 12.
(a) Justices, judges and justices of the peace shall be citizens of the
Commonwealth. Justices and judges, except the judges of traffic court in
the City of Philadelphia, shall be members of the bar of the Supreme Court.
Justices and judges of statewide courts, for a period of one year preceding
their election or appointment and during their continuance in office, shall
reside within the Commonwealth. Other judges and justices of the peace,
for a period of one year preceding their election or appointment and during
their continuance in office, shall reside with their respective districts,
except as provided in this article for temporary assignments.
(b) Judges of the traffic court in the City of Philadelphia and justices
of the peace shall be members of the bar of the Supreme Court or shall
complete a course of training and instruction in the duties of their respective
offices and pass an examination prior to assuming office. Such courses
and examinations shall be as provided by law.
Election of Justices, Judges and Justices of the Peace; Vacancies
Section 13.
(a) Justices, judges and justices of the peace shall be elected at the
municipal election next preceding the commencement of their respective
terms of office by the electors of the Commonwealth or the respective districts
in which they are to serve.
(b) A vacancy in the office of justice, judge or justice of the peace
shall be filled by appointment by the Governor. The appointment shall be
with the advice and consent of two-thirds of the members elected to the
Senate, except in the case of justices of the peace which shall be by a
majority. The person so appointed shall serve for a term ending on the
first Monday of January following the next municipal election more than
ten months after the vacancy occurs or for the remainder of the unexpired
term whichever is less, except in the case of persons selected as additional
judges to the Superior Court, where the General Assembly may stagger and
fix the length of the initial terms of such additional judges by reference
to any of the first, second and third municipal elections more than ten
months after the additional judges are selected. The manner by which any
additional judges are selected shall be provided by this section for the
filling of vacancies in judicial offices.
(c) The provisions of section thirteen (b) shall not apply either in
the case of a vacancy to be filled by retention election as provided in
section fifteen (b), or in the case of a vacancy created by failure of
a justice or judge to file a declaration for retention election as provided
in section fifteen
(b) in the case of a vacancy occurring at the expiration of an appointive
term under section thirteen (b), the vacancy shall be filled by election
as provided in section thirteen (a).
(d) At the primary election in 1969, the electors of the Commonwealth
may elect to have the justices and judges of the Supreme, Superior, Commonwealth
and all other statewide courts appointed by the Governor from a list of
persons qualified for the offices submitted to him by the Judicial Qualifications
Commission. If a majority vote of those voting on the question is in favor
of this method of appointment, then whenever any vacancy occurs thereafter
for any reason in such court, the Governor shall fill the vacancy by appointment
in the manner prescribed in this subsection. Such appointment shall not
require the consent of the Senate.
(e) Each justice or judge appointed by the Governor under section thirteen
(d) shall hold office for an initial term ending the first Monday of
January following the next municipal election more than twenty-four months
following the appointment.
Judicial Qualifications Commission
Section 14.
(a) Should the method of judicial selection be adopted as provided in section
thirteen (d), there shall be a Judicial Qualifications Commission, composed
of four non-lawyer electors appointed by the Governor and three non-judge
members of the bar of the Supreme Court appointed by the Supreme Court.
No more than four members shall be of the same political party. The members
of the commission shall serve for terms of seven years, with one member
being selected each year. The commission shall consider all names submitted
to it and recommend to the Governor not fewer than ten nor more than twenty
of those qualified for each vacancy to be filled.
(b) During his term, no member shall hold a public office or public
appointment for which he receive compensation, nor shall he hold office
in a political party or political organization.
(c) A vacancy on the commission shall be filled by the appointment authority
for the balance of the term.
Tenure of Justices, Judges and Justices of the Peace
Section 15.
(a) The regular term of office of justices and judges shall be ten years
and the regular term of office for judges of the municipal court and traffic
court in the City of Philadelphia and of justices of the peace shall be
six years. The tenure of any justice or judge shall not be affected by
changes in judicial districts or by reduction in the number of judges.
(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.
Compensation and Retirement of Justices, Judges and Justices of the Peace
Section 16.
(a) Justices, judges and justices of the peace shall be compensated by
the Commonwealth as provided by law. Their compensation shall not be diminished
during their terms of office, unless by law applying generally to all salaried
officers of the Commonwealth.
(b) Justices, judges and justices of the peace shall be retired upon
attaining the age of seventy years. Former and retired justices, judges
and justices of the peace shall receive such compensation as shall be provided
by law. No compensation shall be paid to any justice, judge or justice
of the peace who is suspended or removed from office under section eighteen
of this article or under Article VI.
(c) A former or retired justice or judge may, with his consent, be assigned
by the Supreme Court on temporary judicial service as may be prescribed
by rule of the Supreme Court.
Prohibited Activities
Section 17.
(a) Justices and judges shall devote full time to their judicial duties,
and shall not engage in the practice of law, hold office in a political
party or political organization, or hold an office or position of profit
in the government of the United States, the Commonwealth or any municipal
corporation or political subdivision thereof, except in the armed service
of the United States or the Commonwealth.
(b) Justices and judges shall not engage in any activity prohibited
by law and shall not violate any canon of legal or judicial ethics prescribed
by the Supreme Court. Justices of the peace shall be governed by rules
or canons which shall be prescribed by the Supreme Court.
(c) No justice, judge or justice of the peace shall be paid or accept
for the performance of any judicial duty or for any service connected with
his office, any fee, emolument of perquisite other than the salary and
expenses provided by law.
(d) No duties shall be imposed by law upon the Supreme Court or any
of the justices thereof or the Superior Court or any of the judges thereof,
except such as are judicial, nor shall any of them exercise any power of
appointment except as provided in this Constitution.
Suspension, Removal, Discipline and Compulsory Retirement
Section 18.
(a) There shall be a Judicial Inquiry and Review Board having nine members
as follows: three judges of the courts of common pleas from different judicial
districts and two judges of the Superior Court, all of whom shall be selected
by the Supreme Court; and two non-judge members of the bar of the Supreme
Court and two non-lawyer electors, all of whom shall be selected by the
Governor.
(b) The members shall serve for terms of four years, provided that a
member, rather than his successor, shall continue to participate in any
hearing in progress at the end of his term. A vacancy on the board shall
be filled by the respective appointing authority for the balance of the
term. The respective appointing authority may remove a member only for
cause. No member shall serve more than four consecutive years; he may be
reappointed after a lapse of one year. Annually the members of the board
shall elect a chairmen. The board shall act only with the concurrence of
a majority of its members.
(c) A member shall not hold office in a political party or political
organization. Members, other than judges, shall be compensated for their
services as the Supreme Court shall prescribe. All members shall be reimbursed
for expenses necessarily incurred in the discharge of their official duties.
(d) Under the procedure prescribed herein, any justice or judge may
be suspended, removed from office or otherwise disciplined for violation
of section seventeen of this article, misconduct in office, neglect of
duty, failure to perform his duties, or conduct which prejudices the proper
administration of justice or brings the judicial office into disrepute,
and may be retired for disability seriously interfering with the performance
of his duties.
(e) The board shall keep informed as to matters relating to grounds
for suspension, removal, discipline, or compulsory retirement of justices
or judges. It shall receive complaints or reports, formal or informal,
from any source pertaining to such matters, and shall make such preliminary
investigations as it deems necessary.
(f) The board, after such investigation, may order a hearing concerning
the suspension, removal, discipline or compulsory retirement of a justice
or judge. The board's orders for attendance of or testimony by witnesses
or for the production of documents at any hearing or investigation shall
be enforceable by contempt proceedings.
(g) If, after hearing, the board finds good cause therefor, it shall
recommend to the Supreme Court the suspension, removal, discipline or compulsory
retirement of the justice or judge.
(h) The Supreme Court shall review the record of the board's proceedings
on the law and facts and may permit the introduction of additional evidence.
It shall order suspension, removal, discipline or compulsory retirement,
or wholly reject the recommendation, as it finds just and proper. Upon
on order for compulsory retirement, the justice or judge shall be retired
with the same rights and privileges were he retired under section sixteen
of this article. Upon an order for suspension or removal, the justice or
judge shall be suspended or removed from office, and his salary shall cease
from the date of such order. All papers filed with and proceedings before
the board shall be confidential but upon being filed by the board in the
Supreme Court, the record shall lose its confidential character. The filing
of papers with and the giving of testimony before the board shall be privileged.
(i) No justice or judge shall participate as a member of the board or
of the Supreme Court in any proceeding involving his suspension, removal,
discipline or compulsory retirement.
(j) The Supreme Court shall prescribe rules of procedure under this
section.
(k) The Supreme Court shall prescribe rules of procedure for the suspension,
removal, discipline and compulsory retirement of justices of the peace.
(l) A justice, judge or justice of the peace convicted of misbehavior
in office by a court, disbarred as a member of the bar of the Supreme Court
or removed under this section eighteen shall forfeit automatically his
judicial office and thereafter be ineligible for judicial office.
(m) A justice or judge who shall file for nomination for or election
to any public office other than a judicial office shall forfeit automatically
his judicial office.
(n) This section is in addition to and not in substitution for the provisions
for impeachment for misbehavior in office contained in Article VI. No justice,
judge or justice of the peace against whom impeachment proceedings are
pending in the Senate shall exercise any of the duties of his office until
he has been acquitted.
COURTS OTHER THAN IN THE CITY OF PHILADELPHIA AND ALLEGHENY COUNTY
The Supreme Court
Section 1.
The Supreme Court shall exercise all the powers and, until otherwise provided
by law, jurisdiction now vested in the present Supreme Court and, until
otherwise provided by law, the accused in all cases of felonious homicide
shall have the right of appeal to the Supreme Court.
The Superior Court
Section 2.
Until otherwise provided by law, the Superior Court shall exercise all
the jurisdiction now vested in the present Superior Court. The present
terms of all judges of the Superior Court which would otherwise expire
on the first Monday of January in an odd-numbered year shall be extended
to expire in the even- numbered year next following.
Commonwealth Court
Section 3.
The Commonwealth Court shall come into existence on January 1, 1970. Notwithstanding
anything to the contrary in this article, the General Assembly shall stagger
the initial terms of judges of the Commonwealth Court.
The Courts of Common Pleas
Section 4.
Until otherwise provided by law, the several courts of common pleas shall
exercise the jurisdiction now vested in the present courts of common pleas.
The courts of oyer and terminer and general jail delivery, quarter sessions
of the peace, and orphans courts are abolished and the several courts of
common pleas shall also exercise the jurisdiction of these courts. Orphans'
courts in judicial districts having separate orphans' courts shall become
orphans' court divisions of the courts of common pleas and the court of
common pleas in those judicial districts shall exercise the jurisdiction
presently exercised by the separate orphans' courts through their respective
orphans' court division.
Orphans' Court Judges
Section 5.
In those judicial districts having separate orphans' courts, the present
judges thereof shall become judges of the orphans' court division of the
court of common pleas and the present president judge shall become the
president judge of the orphans' court division of the court of common pleas
for the remainder of his term without diminution in salary.
Courts of Common Pleas in Multi-County Judicial Districts
Section 6.
Courts of common pleas in multi-county judicial districts are abolished
as separate courts and are hereby constituted as branches of the single
court of common pleas established under this article in each such judicial
district.
Community Courts
Section 7.
In a Judicial district which establishes a community court, a person serving
as a justice of the peace at such time:
(a) May complete his term exercising the jurisdiction provided by law
with the compensation provided by law, and
(b) Upon completion of his term, his office is abolished and no judicial
function of the kind heretofore exercised by a justice of the peace shall
thereafter be exercised other than by the community court.
JUSTICES, JUDGES AND JUSTICES OF THE PEACE
Justices, Judges and Justices of the Peace
Section 8.
Notwithstanding any provision in the article, a present justice, judge
or justice of the peace may complete his term of office.
Associate Judges
Section 9.
The office of associate judge not learned in the law is abolished, but
a present associate judge may complete his term.
Retention Election of Present Justices and Judges
Section 10.
A present judge who was originally elected to office and seeks retention
in 1969 municipal election and is otherwise eligible may file his declaration
of candidacy by February 1, 1969.
Selection of President Judges
Section 11.
(a) Except in the City of Philadelphia, section ten (d) of the article
shall become effective upon the expiration of the term of the present president
judge, or upon earlier vacancy.
(b)Notwithstanding section ten (d) of the article the president judge
of the Superior Court shall be the judge longest in continuous service
on such court if such judge was a member of such court on the first Monday
of January 1977. If no such judge exists or is willing to serve as president
judge shall be selected as provided by this article.
MAGISTRATES, ALDERMEN AND JUSTICES OF THE PEACE AND MAGISTERIAL DISTRICTS
OTHER THAN IN THE CITY OF PHILADELPHIA
Magistrates, Aldermen and Justices of the Peace
Section 12.
An alderman, justice of the peace or magistrate:
(a) May complete his term, exercising the jurisdiction provided by law
and with the method of compensation provided by law prior to the adoption
of this article;
(b) Shall be deemed to have taken and passed the examination required
by this article for justices of the peace if he has completed one full
term of office before creation of a magisterial district, and
(c) At the completion of his term, his office is abolished.
(d) Except for officers completing their terms, after the first MOnday
in January, 1970, no judicial function of the kind heretofore exercised
by these officers, by majors and like officers in municipalities shall
be exercised by any officer other than the one justice of the peace elected
or appointed to serve in that magisterial district.
Magisterial Districts
Section 13.
So that the provisions of this article regarding the establishment of magisterial
districts and the instruction and examination of justices of the peace
may be self-executing, until otherwise provided by law in a manner agreeable
to this article, the following provisions shall be in force:
(a) The Supreme Court or the courts of common pleas under the direction
of the Supreme Court shall fix the number and boundaries of magisterial
districts of each class within each judicial district by January 1, 1969,
and these magisterial districts, except where a community court has been
adopted, shall come into existence on January 1, 1970, the justices of
the peace thereof to be elected at the municipal election in 1969. These
justices of the peace shall retain no fine, costs or any other sum that
shall be delivered into their hands for the performance of any judicial
duty or for any service connected with their offices, but shall remit the
same to the Commonwealth, county, municipal subdivision, school district
or otherwise as may be provided by law.
(b) Classes of magisterial districts.
(i) Magisterial districts of the first class shall have a population
density of more than five thousand persons per square mile and a population
of not less than sixty-five thousand persons.
(ii) Magisterial districts of the second class shall have a population
density of between one thousand and five thousand persons per square mile
and a population of between twenty thousand persons and sixty-five thousand
persons.
(iii) Magisterial districts of the third class shall have a population
density of between two hundred and one thousand persons per square mile
and a population of between twelve thousand persons and twenty thousand
persons.
(iv) Magisterial districts of the fourth class shall have a population
density of between seventy and two hundred persons per square mile and
a population of between seven thousand five hundred persons and twelve
thousand persons.
(v) Magisterial districts of the fifth class shall have a population
density of under seventy persons per square mile and a population of between
four thousand persons and seven thousand five hundred persons.
(c) Salaries of justices of the peace. The salaries of the justices
of the peace shall be as follows:
(i) In first class magisterial districts, twelve thousand dollars per
year.
(ii) In second class magisterial districts, ten thousand dollars per
year.
(iii) In third class magisterial districts, eight thousand dollars per
year.
(iv) In fourth and fifth class magisterial districts, five thousand
dollars per year.
(v) The salaries here fixed shall be paid by the State Treasurer and
for such payment this article and schedule shall be sufficient warrant.
(d) Course of training, instruction and examination. The course of training
and instruction and examination in civil and criminal law and procedure
for a justice of the peace shall be devised by the Department of Public
Instruction, and it shall administer this course and examination to insure
that justices of the peace are competent to perform their duties.
Magisterial Districts
Section 14.
Effective immediately upon establishment of magisterial districts and until
otherwise prescribed the civil and criminal procedural rules relating to
venue shall apply to magisterial districts; all proceedings before aldermen,
magistrates and justices of the peace shall be brought in and only in a
magisterial district in which occurs an event which would give rise to
venue in a court of record; the court of common pleas upon its own motion
or on application at any stage of proceedings shall transfer any proceeding
in any magisterial district to the justice of the peace for the magisterial
district in which proper venue lies.
PROTHONOTARIES AND CLERKS OTHER THAN IN THE CITY OF PHILADELPHIA
Prothonotaries, Clerks of Courts, Clerks of Orphans' Courts
Section 15.
Until otherwise provided by law, the offices of prothonotary and clerk
of courts shall become the offices of prothonotary and clerk of courts
of the court of common pleas of the judicial district, and in multi-county
judicial districts of their county's branch of the court of common pleas,
and the clerk of the orphans' court in a judicial district now having a
separate orphans' court shall become the clerk of the orphans' court division
of the court of common pleas, and these officers shall continue to perform
the duties of the office and to maintain and be responsible for the records,
books and dockets as heretofore. In judicial districts where the clerk
of the orphans' court is not the register of wills, he shall continue to
perform the duties of the office and to maintain and be responsible for
the records, books and dockets as heretofore until otherwise provided by
law.
THE CITY OF PHILADELPHIA
Courts and Judges
Section 16.
Until otherwise provided by law:
(a) The court of common pleas shall consist of a trial division, orphans'
court division and family court division.
(b) The judges of the court of common pleas shall become judges of the
trial division of the court of common pleas provided for in this article
and their tenure shall not otherwise be affected.
(c) The judges of the county court shall become judges of the family
court division of the court of common pleas and their tenure shall not
otherwise be affected.
(d) The judges of the orphans' court shall become judges of the orphans'
court division of the court of common pleas and their tenure shall not
otherwise be affected.
(e) As designated by the Governor, twenty-two of the present magistrates
shall become judges of the municipal court and six shall become judges
of the traffic court, and their tenure shall not otherwise be affected.
(f) One of the judges of the court of common pleas shall be president
judge and he shall be selected in the manner provided in section ten (d)
of this article. He shall be the administrative head of the court and shall
supervise the court's judicial business.
(g) Each division of the court of common pleas shall be presided over
by an administrative judge, who shall be one of its judges and shall be
elected for a term of five years by a majority vote of the judges of that
division. He shall assist the president judge in supervising the judicial
business of the court and shall be responsible to him. Subject to the foregoing,
the judges of the court of common pleas shall prescribe rules defining
the duties of the administrative judges. The president judge shall have
the power to assign judges from each division to each other division of
court when required to expedite the business of the court.
(h) Until all members of the municipal court are members of the bar
of the Supreme Court, the president judge of the court of common pleas
shall appoint one of the judges of the municipal court as president judge
for a five-year term or at the pleasure of the president judge of the court
of common pleas. The president judge of the municipal court shall be eligible
to succeed himself as president judge for any number of terms and shall
be the administrative head of that court and shall supervise the judicial
business of the court. He shall promulgate all administrative rules and
regulations and make all judicial assignments. The president judge of the
court of common pleas may assign temporarily judges of the municipal court
who are members of the bar of the Supreme Court to the court of common
pleas when required to expedite the business of the court.
(i) The Governor shall appoint one of the judges of the traffic court
as president judge for a term of five years or at the pleasure to the Governor.
The president judge of the traffic court shall be eligible to succeed himself
as president judge for any number of terms, shall be the executive and
administrative head of the traffic court, and shall supervise the judicial
business of the court, shall promulgate all administrative rules and regulations,
and shall make all judicial assignments.
(j) The exercise of all supervisory and administrative powers detailed
in this section sixteen shall be subject to the supervisory and administrative
control of the Supreme Court.
(k) The prothonotary shall continue to exercise the duties of that office
for the trial division of the court of common pleas and for the municipal
court.
(l) The clerk of quarter sessions shall continue to exercise the duties
of that office for the trial division of the court of common pleas and
for the municipal court.
(m) That officer serving as clerk to the county court shall continue
to exercise the duties of that office for the family division of the court
of common pleas.
(n) The register of wills shall serve ex officio as clerk of the orphans'
court division of the court of common pleas.
(o) The court of common pleas shall have unlimited original jurisdiction
in all cases except those cases assigned by this schedule to the municipal
court and to the traffic court. The court of common pleas shall have all
the jurisdiction now vested in the court of common pleas, the court of
oyer and terminer and general jail delivery, courts of quarter sessions
of the peace, orphans' court, and county court. Jurisdiction in all of
the foregoing cases shall be exercised through the trial division of the
court of common pleas except in those cases which are assigned by this
schedule to the orphans' court and family court divisions of the court
of common pleas. The court of common pleas through the trial division shall
also hear and determine appeals from the municipal court and traffic court.
(p) The court of common pleas through the orphans' court division shall
exercise the jurisdiction heretofore exercised by the orphans' court.
(q) The court of common pleas through the family court division of the
court of common pleas shall exercise jurisdiction in the following matters:
(i) Domestic Relations: desertion or nonsupport of wives, children and
indigent parents, including children born out of wedlock; proceedings for
custody of children; divorce and annulment and property matters relating
thereto.
(ii) Juvenile Matters: dependent, delinquent and neglected children
and children under eighteen years of age, suffering from epilepsy, nervous
or mental defects, incorrigible, runaway and disorderly minors eighteen
to twenty years of age and preliminary hears in criminal cases where the
victim is a juvenile.
(iii) Adoptions and Delayed Birth Certificates
(r) The municipal court shall have jurisdiction in the following matters.
(i) Committing magistrates' jurisdiction in all criminal matters.
(ii) All summary offenses, except those under the motor vehicle laws.
(iii) All criminal offenses for which no prison term may be imposed
or which are punishable by a term of imprisonment of not more than two
years, and indictable offenses under the motor vehicle laws for which no
prison term may be imposed or punishable by a term of imprisonment of not
more than three years. In these cases, the defendant shall have no right
of trial by jury in that court, but he shall have the right of appeal for
trial de novo including the right to trial by jury to the trial division
of the court of common pleas. Until there are a sufficient number of judges
who are members of the bar of the Supreme Court serving in the municipal
court to handle such matters, the trial division of the court of common
pleas shall have concurrent jurisdiction over such matters, the assignment
of cases to the respective courts to be determined by rule prescribed by
the president judge of the court of common pleas.
(iv) Matters arising under the Landlord and Tenant Act of 1951.
(v) All civil claims involving less than five hundred dollars. In these
cases, the parties shall have no right of trial by jury in that court but
shall have a right of appeal for a trial de novo including the right to
trial by jury to the trial division of the court of common pleas, it being
the purpose of this subsection to establish an expeditious small claims
procedure whereby it shall not be necessary for the litigants to obtain
council. This limited grant of civil jurisdiction shall be co-extensive
with the civil jurisdiction of the trial division of the court of common
pleas.
(vi) As commissioners to preside at arraignments, fix and accept bail,
issue warrants and perform duties of a similar nature. The grant of jurisdiction
under clauses (iii) and (v) of this subsection may be exercised only by
those judges who are members of the bar of the Supreme Court.
(s) The traffic court shall have exclusive jurisdiction of all summary
offenses under the motor vehicle laws.
(t) the courts of oyer and terminer and general jail delivery, quarter
sessions of the peace, the county court, the orphans' court and the ten
separate courts of common pleas are abolished and their jurisdiction and
powers shall be exercised by the court of common pleas provided for in
this article through the divisions established by this schedule.
(u) The office of magistrate, the board of magistrates and the present
traffic court are abolished.
(v) Those judges appointed to the municipal court in accordance with
subsection (e) of this section who are not members of the bar of the Supreme
Court shall be eligible to complete their present terms and to be elected
to and serve for one additional term, but not thereafter.
(w) The causes, proceedings, books, dockets and records of the abolished
courts shall become those of the court or division thereof to which, under
this schedule, jurisdiction of the proceedings or matters concerned has
been transferred, and that court or division thereof shall determine and
conclude such proceedings as if it had assumed jurisdiction in the first
instance.
(x) The present president judges of the abolished courts and chief magistrate
shall continue to receive the compensation to which they are now entitled
as president judges and chief magistrate until the end of their present
terms as president judges and chief magistrate respectively.
(y) The offices of prothonotary and register of wills in the City of
Philadelphia shall no longer be considered constitutional offices under
this article, but their powers and functions shall continue as at present
until these offices are covered in the Home Rule Charter by a referendum
in the manner provided by law.
(z) If a community court is established in the City of Philadelphia,
a person serving as a judge of the municipal or traffic court at that time:
(i) Notwithstanding the provisions of subsection (v) of this section,
may complete his term exercising the jurisdiction provided by law and with
the compensation provided by law; and
(ii) At the completion of his term, his office is abolished and no jurisdiction
of the kind exercised by those officers immediately after the effective
date of this article and schedule shall thereafter be exercises other than
by the community court.
ALLEGHENY COUNTY
Courts
Section 17.
Until otherwise provided by law:
(a) The court of common pleas shall consist of a trial division, an
orphans' court division and a family court division; the courts of oyer
and terminer and general jail delivery and quarter sessions of the peace,
the county court, the orphans' court, and the juvenile court are abolished
and their present jurisdiction shall be exercised by the court of common
pleas. Until otherwise provided by rule of the court of common pleas and,
except as otherwise provided in this schedule,the court of common pleas
shall exercise the jurisdiction of the present court of common pleas and
the present county court through the trial division. Until otherwise provided
by rule of the court of common pleas, the jurisdiction of the present orphans'
court, except as otherwise provided in this schedule, shall be exercised
by the court of common pleas through the orphans' court division.
(b) Until otherwise provided by rule of the court of common pleas, the
court of common pleas shall exercise jurisdiction in the following matters
through the family court division:
(i) Domestic Relations: Desertion or nonsupport or nonsupport of wives,
children and indigent parents, including children born out of wedlock;
proceedings, including habeas corpus, for custody of children; divorce
and annulment and property matters relating thereto.
(ii) Juvenile Matters: All matters now within the jurisdiction of the
juvenile court.
(iii) Adoptions and Delayed Birth Certificates.
Judges
Section 18.
Until otherwise provided by law, the present judges of the court of common
pleas shall continue to act as the judges of that court; the present judges
of the county court shall become judges of the court of common pleas; the
present judges of the orphans' court shall become judges of the orphans'
court division of the court of common pleas; the present judges of the
juvenile court shall become judges of the family court division of the
court of common pleas.
President Judges
Section 19.
The present president judge of the court of common pleas may complete his
term as president judge; the present president judge of the orphans' court
shall be the president judge of the orphans' court division of the court
of common pleas for the remainder of his term as president judge, and the
present president judge of the county court shall be the president judge
of the family court division of the court of common pleas for the remainder
of his term as president judge, all these without diminution of salary
as president judge. The president judge of the trial division shall be
selected pursuant to section twenty of this schedule.
President Judges; Court Division
Section 20.
Until otherwise provided by law, the trial division, the orphans' court
division and the family court division of the court of common pleas shall
each be presided over by a president judge, who shall be one of the judges
of such division and shall be elected for a term of five years by a majority
vote of the judges of that division. He shall assist the president judge
of the court of common pleas in supervising the judicial business of the
court and shall be responsible to him. Subject to the foregoing, the judges
of the court of common pleas shall prescribe rules defining the duties
of the president judges. The president judge of the court of common pleas
shall have the power to assign judges from one division to another division
of the court when required to expedite the business of the court. The exercise
of these supervisory and administrative powers, however, shall be subject
to the supervisory and administrative powers of the Supreme Court.
THE CITY OF PITTSBURGH
Inferior Courts
Section 21.
Upon the establishment of magisterial districts pursuant to this article
and schedule, and unless otherwise provided by law, the police magistrates,
including those serving in the traffic court, the housing court and the
city court shall continue as at present. Such magistrates shall be part
of the unified judicial system and shall be subject to the general supervisory
and administrative authority of the Supreme Court. Such magistrates shall
be subject to the provisions of this article and schedule regarding educational
requirements and prohibited activities of justices of the peace.
CAUSES, PROCEEDINGS, BOOKS AND RECORDS
Causes, Proceedings, Books and Records
Section 22.
All causes and proceedings pending in any abolished court or office of
the justice of the peace shall be determined and concluded by the court
to which jurisdiction of the proceedings has been transferred under this
schedule and all books, dockets and records of any abolished court or office
of the justice of the peace shall become those of the court to which, under
this schedule, jurisdiction of the proceedings concerned has been transferred.
COMMISSION AND BOARD
Judicial Qualifications Commission
Section 23.
The selection of the first members of the Judicial Qualifications Commission
provided for in section fourteen (a) of this article shall be made as follows:
The Governor shall appoint the four non-lawyer members for terms of, respectively,
one year, three years, five years and seven years, no more than two of
whom shall be members of the same political party. The Supreme Court shall
appoint the three non-judge members of the bar of the Supreme Court of
Pennsylvania for terms, respectively, of two years, four years and six
years, no more than two of whom shall be members of the same political
party.
Judicial Inquiry and Review Board
Section 24.
The selection of the first members of the Judicial Inquiry and Review Board
shall be made as follows: one judge of the Superior Court, one non-judge
member of the bar of the Supreme Court, and one non-lawyer member shall
be selected for two-year terms; one judge of the Superior Court, one non-judge
member of the bar of the Supreme Court, and one non-lawyer member shall
be selected for four years terms; one judge of the court of common pleas
shall be selected for a term of two years, one for a term of three years,
and one for a term of four years.
GENERAL PROVISIONS
Dispensing with Trial by Jury
Section 25.
Until otherwise provided by law, the parties, by agreement filed, may in
any civil case dispense with trial by jury, and submit the decision of
such case to the court having jurisdiction thereof, and such court shall
hear and determine the same; and the judgment thereon shall be subject
to writ of error as in other cases.
Writs of Certiorari
Section 26.
Unless and until changed by rule of the Supreme Court, in addition to the
right of appear under section nine of this article, the judges of the courts
of common pleas, within their respective judicial districts, shall have
power to issue writs of certiorari to the municipal court in the City of
Philadelphia, justices of the peace and inferior courts not of record and
to cause their proceedings to be brought before them, and right and justice
to be done.
Judicial Districts
Section 27.
Until changed in accordance with section eleven of this article, the number
and boundaries of judicial districts shall remain as at present.
Referendum
Section 28.
The officer of the Commonwealth who under law shall have supervision over
elections shall cause the question provided for in section thirteen (d)
of this article to be placed on the ballot in the 1969 primary election
throughout the Commonwealth.
Persons Specially Admitted by Local Rules
Section 29.
Any person now specially admitted to practice may continue to practice
in the court of common pleas or in that division of the court of common
pleas and the municipal court in the City of Philadelphia which substantially
includes the practice for which such person was previously specially admitted.
Article VI
PUBLIC OFFICERS
Section of Officers Not Otherwise Provided for in Constitution
Section 1.
All officers, whose selection is not provided for in this Constitution,
shall be elected or appointed as may be directed by law.
Incompatible Offices
Section 2.
No member of Congress from this State, nor any person holding or exercising
any office or appointment of trust or profit under the United States, shall
at the same time hold or exercise any office in this State to which a salary,
fees or perquisites shall be attached. The General Assembly may be law
declare what offices are incompatible.
Oath of Office
Section 3.
Senators, Representatives and all judicial, State and county officers shall,
before entering on the duties of their respective offices, take and subscribe
the following oath or affirmation before a person authorized to administer
oaths. "I do solemnly swear (or affirm) that I will support, obey and defend
the Constitution of the United States and the Constitution of this Commonwealth
and that I will discharge the duties of my office with fidelity." The oath
or affirmation shall be administered to a member of the Senate or to a
member of the House of Representatives in the hall of the House to which
he shall have been elected. Any person refusing to take the oath or affirmation
shall forfeit his office.
Power of Impeachment
Section 4.
The House of Representatives shall have the sole power of impeachment.
Trial of Impeachments
Section 5.
All impeachments shall be tried by the Senate. When sitting for that purpose
the Senators shall be upon oath or affirmation. No person shall be convicted
without the concurrence of two-thirds of the members present.
Officers Liable to Impeachment
Section 6.
The Governor and all other civil officers shall be liable to impeachment
for any misbehavior in office, but judgment in such cases shall not extend
further than to removal from office and disqualification to hold any office
of trust or profit under this Commonwealth. The person accused, whether
convicted or acquitted, shall nevertheless be liable to indictment, trial,
judgment and punishment according to law.
Removal of Civil Officers
Section 7.
All civil officers shall hold their offices on the condition that they
behave themselves well while in office, and shall be removed on conviction
of misbehavior in office or of any infamous crime. Appointed civil officers,
other than judges of the courts of record, may be removed at the pleasure
of the power by which they shall have been appointed. All civil officers
elected by the people, except the Governor, the Lieutenant Governor, members
of the General Assembly and judges of the courts of record, shall be removed
by the Governor for reasonable cause, after due notice and full hearing,
on the address of two-thirds of the Senate.
Article VII
ELECTIONS
Qualifications of Electors
Section 1.
Every citizen 21 years of age, possessing the following qualifications,
shall be entitled to vote at all elections subject, however, to such laws
requiring and regulating the registration of electors as the General Assembly
may enact. 1. He or she shall have been a citizen of the United States
at least one month. 2. He or she shall have resided in the State ninety
(90) days immediately preceding the election. 3. He or she shall have resided
in the election district where he or she shall offer to vote at least sixty
(60) days immediately preceding the election, except that if qualified
to vote in an election district prior to removal of residence, he or she
may, if a resident of Pennsylvania, vote in the election district from
which he or she removed his or her residence within sixty (60) days preceding
the election.
General Election Day
Section 2.
The general election shall be held biennially on the Tuesday next following
the first Monday of November in each even- numbered year, but the General
Assembly may be law fix a different day, two-thirds of all the members
of each House consenting thereto: Provided, that such election shall always
be held in an even-numbered year.
Municipal Election Day; Offices to Be Filled on Election Days
Section 3.
All judged elected by the electors of the State at large may be elected
at either a general or municipal election, as circumstances may require.
All elections for judges of the courts for the several judicial districts,
and for county, city, ward, borough, and township officers, for regular
terms of service, shall be held on the municipal election day; namely,
the Tuesday next following the first Monday of November in each odd-numbered
year, but the General Assembly may by law fix a different day, two-thirds
of all the members of each House consenting thereto: Provided, That such
elections shall be held in an odd-numbered year: Provided further, That
all judges for the courts of the several judicial districts holding office
at the present time, whose terms of office may end in an odd-numbered year,
shall continue to hold their offices until the first Monday of January
in the next succeeding even-numbered year.
Method of Elections; Secrecy in Voting
Section 4.
All elections by the citizens shall be by ballot or by such other method
as may be prescribed by law; Provided, That secrecy in voting be preserved.
Electors Privileged from Arrest
Section 5.
Electors shall in all cases except treason, felony and breach or surety
of the peace, be privileged from arrest during their attendance on elections
and in going to and returning therefrom.
Election and Registration Laws
Section 6.
All laws regulating the holding of elections by the citizens, or for the
registration of electors, shall be uniform throughout the State, except
that laws regulating and requiring the registration of electors may be
enacted to apply to cities only, provided that such laws be uniform for
cities of the same class, and except further, that the General Assembly
shall by general law, permit the use of voting machines, or other mechanical
devices for registering or recording and computing the vote, at all elections
or primaries, in any county, city, borough, incorporated town or township
of the Commonwealth, at the option of the electors of such county, city,
borough, incorporated town or township, without being obliged to require
the use of such voting machines or mechanical devices in any other county,
city, borough, incorporated town or township, under such regulations with
reference thereto as the General Assembly may from time to time prescribe.
The General Assembly may, from time to time, prescribe the number and duties
of election officers in any political subdivision of the Commonwealth in
which voting machines or other mechanical devices authorized by this section
may be used.
Bribery of Electors
Section 7.
Any person who shall give, or promise or offer to give, to an elector,
any money, reward or other valuable consideration for his vote at an election,
or for withholding the same, or who shall give or promise to give such
consideration to any other person or party for such elector's vote for
the withholding thereof, and any elector who shall receive or agree to
receive, for himself or for another, any money, reward or other valuable
consideration for his vote at an election, or for withholding the same,
shall thereby forfeit the right to vote at such election, and any elector
whose right to vote shall be challenged for such cause before the election
officers, shall be required to swear or affirm that the matter of the challenge
is untrue before his vote shall be received.
Witnesses in Contested Elections
Section 8.
In trials of contested elections and in proceedings for the investigation
of elections, no person shall be permitted to withhold his testimony upon
the ground that it may criminate himself or subject him to public infamy;
but such testimony shall not afterwards be used against him in any judicial
proceedings except for perjury in giving such testimony.
Fixing Election Districts
Section 9.
Townships and wards of cities or boroughs shall form or be divided into
election districts of compact and contiguous territory and their boundaries
fixed and changed in such manner as may be provided by law.
Viva Voce Elections
Section 10.
All elections by persons in a representative capacity shall be viva voce
or by automatic recording device publicly indicating how each person voted.
Election Officers
Section 11.
District election boards shall consist of a judge and two inspectors, who
shall be chosen at municipal elections for such terms as may be provided
by law. Each elector shall have the right to vote for the judge and one
inspector, and each inspector shall appoint one clerk. The first election
board for any new district shall be selected, and vacancies in election
boards filled, as shall be provided by law. Election officers shall be
privileged from arrest upon days of election, and while engaged in making
up and transmitting returns, except upon warrant of a court of record or
judge thereof, for an election fraud, for felony, or for wanton breach
of the peace. In cities they may claim exemption from jury during their
terms of service.
Disqualifications for Service as Election Officer
Section 12.
No person shall be qualified to serve as an election officer who shall
hold, or shall within two months have held any office, appointment or employment
in or under the government of the United States, or of this State, or of
any city, or county, or of any municipal board, commission or trust in
any city, save only notaries public and persons in the National Guard or
in a reserve component of the armed forces of the United States; nor shall
any election officer be eligible to any civil office to be filled at an
election at which he shall serve, save only to such subordinate municipal
or local offices, below the grade of city or county offices, as shall be
designated by general law.
Contested Elections
Section 13.
The trial and determination of contested elections of electors of President
and Vice-President, members of the General Assembly, and of all public
officers, whether State, judicial, municipal or local, and contests involving
questions submitted to the electors at any election shall be by the courts
of law, or by one or more of the law judges thereof. The General Assembly
shall, by general law, designate the courts and judges by whom the several
classes of election contests shall be tried and regulate the manner of
trial and all matters incident thereto; but no such law assigning jurisdiction,
or regulating its exercise, shall apply to any contest arising out of an
election held before its passage.
Absentee Voting
Section 14.
The Legislature shall, by general law, provide a manner in which, and the
time and place at which, qualified electors who may, on the occurrence
of any election, be absent from the State or county of their residence,
because their duties, occupation or business require them to be elsewhere
or who, on the occurrence of any election, are unable to attend at their
proper polling places because of illness or physical disability or who
will not attend a polling place because of the observance of a religious
holiday or who cannot vote because of election day duties, in the case
of a county employee, may vote, and for the return and canvass of their
votes in the election district in which they respectively reside.
Article VIII
TAXATION AND FINANCE
Uniformity of Taxation
Section 1.
All taxes shall be uniform, upon the same class of subjects, within the
territorial limits of the authority levying the tax, and shall be levied
and collected under general laws.
Exemptions and Special Provisions
Section 2.
(a) The General Assembly may by law exempt from taxation:
(i) Actual places of regularly states religious worship:
(ii) Actual places of burial, when used or held by a person or organization
deriving no private or corporate profit therefrom and no substantial part
of whose activity consists of selling personal property in connection therewith;
(iii) That portion of public property which is actually and regularly
used for public purposes;
(iv) That portion of the property owned and occupied by any branch,
post or camp of honorably discharged servicemen or servicewomen which is
actually and regularly used for benevolent, charitable or patriotic purposes;
and
(v) Institutions of purely public charity, but in the case of any real
property tax exemptions only that portion of real property of such institution
which is actually and regularly used for the purposes of the institution.
(b) The General Assembly may, by law:
(i) Establish standards and qualifications for private forest reserves,
agriculture reserves, and land actively devoted to agriculture use, and
make special provision for the taxation thereof;
(ii) Establish as a class or classes of subjects of taxation the property
or privileges of persons who, because of age, disability, infirmity or
poverty are determined to be in need of tax exemption or of special tax
provisions, and for any such class or classes and standards and qualifications,and
except as herein provided may impose taxes, grant exemptions, or make special
tax provisions in accordance therewith. No exemption or special provision
shall be made under this clause with respect to taxes upon the sale or
use of personal property, and no exemption from any tax upon real property
shall be granted by the General Assembly under this clause unless the General
Assembly shall provide for the reimbursement of local taxing authorities
by or through the Commonwealth for revenue losses occasioned by such exemption;
(iii) Establish standards and qualifications by which local taxing authorities
may make uniform special tax provisions applicable to a taxpayer for a
limited period of time to encourage improvement of deteriorating property
or areas by an individual, association or corporation, or to encourage
industrial development by a non- profit corporation; and
(iv) Make special tax provisions on any increase in value of real estate
resulting from residential construction. Such special tax provisions shall
be applicable for a period not to exceed two years.
(v) Establish standards and qualifications by which local taxing authorities
in counties of the first and second class make uniform special real property
tax provisions applicable to taxpayers who are long-time owner-occupants
as shall be defined by the General Assembly of residences in areas where
real property values have risen markedly as a consequence of the refurbishing
or renovating of other deteriorating residences or the construction of
new residences.
(c) Citizens and residents of this Commonwealth, who served in any war
or armed conflict in which the United States was engaged and were honorably
discharged or released under honorable circumstances from active service,
shall be exempt from the payment of all real property taxes upon the residence
occupied by the said citizens and residents of this Commonwealth imposed
by the Commonwealth of Pennsylvania or any of its political subdivisions
if, as a result of military service, they are blind, paraplegic or double
or quadruple amputees or have a service-connected disability declared by
the United States Veterans' Administration or its successor to be a total
or 100% permanent disability, and if the State Veterans' Commission determines
that such persons are in need of the tax exemptions granted herein. This
exemption shall be extended to the unmarried surviving spouse upon the
death of an eligible veteran provided that the State Veterans' Commission
determines that such person is in need of the exemption.
Reciprocal Exemptions
Section 3.
Taxation laws may grant exemptions or rebates to residents, or estates
of residents, of other States which grant similar exemptions or rebates
to residents, or estates of residents, of Philadelphia.
Public Utilities
Section 4.
The real property of public utilities is subject to real estate taxes imposed
by local taxing authorities. Payment to the Commonwealth of gross receipts
taxes or other special taxes in replacement of gross receipts taxes by
a public utility and the distribution by the Commonwealth to the local
taxing authorities of the amount as herein provided shall, however, be
in lieu of local taxes upon its real property which is used or useful in
furnishing its public utility service. The amount raised annually by such
gross receipts or other special taxes shall not be less than the gross
amount of real estate taxes which the local taxing authorities could have
imposed upon such real property but for the exemption herein provided.
This gross amount shall be determined in the manner provided by law. An
amount equivalent to such real estate taxes shall be distributed annually
among all local taxing authorities in the proportion which the total tax
receipts of each local taxing authority bear to the total tax receipts
of all local taxing authorities, or in such other equitable proportions
as may be provided by law. Notwithstanding the provisions of this section,
any law which presently subjects real property of public utilities to local
real estate taxation by local taxing authorities shall remain in full force
and effect.
Exemption from Taxation Restricted
Section 5.
All laws exempting property from taxation, other than the property above
enumerated, shall be void.
Taxation of Corporations
Section 6.
The power to tax corporations and corporate property shall not be surrendered
or suspended by any contract or grant to which the Commonwealth shall be
a party.
Commonwealth Indebtedness
Section 7.
(a) No debt shall be incurred by or on behalf of the Commonwealth except
by law and in accordance with the provisions of this section.
(1) Debt may be incurred without limit to suppress insurrection, rehabilitate
areas affected by man-made or natural disaster, or to implement unissued
authority approved by the electors prior to the adoption of this article.
(2) The Governor, State Treasurer and Auditor General, acting jointly,
may
(i) issue tax anticipation notes having a maturity within the fiscal
year of issue and payable exclusively from revenues received in the same
fiscal year, and (ii) incur debt for the purpose of refunding other debt,
if such refunding debt matures within the term of the original debt.
(3) Debt may be incurred without limit for purposes specifically itemized
in the law authorizing such debt, if the question whether the debt shall
be incurred has been submitted to the electors and approved by a majority
of those voting on the question.
(4) Debt may be incurred without the approval of the electors for capital
projects specifically itemized in a capital budget, if such debt will not
cause the amount of all net debt outstanding to exceed one and three-quarters
times the average of the annual tax revenues deposited in the previous
five fiscal years as certified by the Auditor General. For the purposes
of this subsection, debt outstanding shall not include debt incurred under
clauses (1) and (2) (i), or debt incurred under clause (2) (ii) if the
original debt would not be so considered, or debt incurred under subsection
(3) unless the General Assembly shall so provide in the law authorizing
such debt.
(b) All debt incurred for capital projects shall mature within a period
not to exceed the estimated useful life of the projects as stated in the
authorizing law, and when so stated shall be conclusive. All debt, except
indebtedness permitted by clause (2) (i), shall be amortized in substantial
and regular amounts, the first of which shall be due prior to the expiration
of a period equal to one-tenth the term of the debt.
(c) As used in this section, debt shall mean the issued and outstanding
obligations of the Commonwealth and shall include obligations of its agencies
or authorities to the extent they are to be repaid from lease rentals or
other charges payable directly or indirectly from revenues of the Commonwealth.
debts shall not include either (1) that portion of obligations to be repaid
from charges made to the public for the use of the capital projects financed,
as determined by the Auditor General, or (2) obligations to be repaid from
lease rentals or other charges payable by a school district or other local
taxing authority, (3) obligations to be repaid by agencies or authorities
created for the joint benefit of the Commonwealth and one or more other
State governments.
(d) If sufficient funds are not appropriated for the timely payment
of the interest upon and installments of principal of all debt, the State
Treasurer shall set apart from the first revenues thereafter received applicable
to the appropriate fund a sum sufficient to pay such interest and installments
of principal, and shall so apply the money so set apart. The State Treasurer
may be required to set aside and apply such revenues at the suit of any
holder of Commonwealth obligations.
Commonwealth Credit Not to Be Pledged
Section 8.
The credit of the Commonwealth shall not be pledged or loaned to any individual,
company, corporation or association nor shall the Commonwealth become a
joint owner or stockholder in any company, corporation or association.
Municipal Debt Not to be Assumed by Commonwealth
Section 9.
The Commonwealth shall not assume the debt,or any part thereof, of any
county, city,borough, incorporated town, township or any similar general
purpose unit of government unless such debt shall have been incurred to
enable the Commonwealth to suppress insurrection or to assist the Commonwealth
in the discharge of any portion of its present indebtedness.
Audit
Section 10.
The financial affairs of any entity funded or financially aided by the
Commonwealth, and all departments, boards, commissions, agencies, instrumentalities,
authorities and institutions of the Commonwealth, shall be subject to audits
made in accordance with generally accepted auditing standards. Any Commonwealth
officer whose approval is necessary for any transaction relative to the
financial affairs of the Commonwealth shall not be charged with the function
of auditing that transaction after its occurrence.
Gasoline Taxes and Motor License Fees Restricted
Section 11.
(a) All proceeds from gasoline and other motor fuel excise taxes, motor
vehicle registration fees and license taxes, operators' license fees and
other excise taxes imposed on products used in motor transportation after
providing therefrom for (a) cost of administration and collection, (b)
payment of obligations incurred in the construction and reconstruction
of public highways and bridges shall be appropriated by the General Assembly
to agencies of the State or political subdivisions thereof; and used solely
for construction, reconstruction, maintenance and repair of and safety
on public highways and bridges and costs and expenses incident thereto,
and for the payment of obligations incurred for such purposes, and shall
not be diverted by transfer or otherwise to any other purpose, except that
loans may be made by the State from the proceeds of such taxes and fees
for a single period not exceeding eight months, but no such loan shall
be made within the period of one year from any preceding loan, and every
loan made in any fiscal year shall be repayable within one month after
the beginning of the next fiscal year.
(b) All proceeds from aviation fuel excise taxes, after providing therefrom
for the cost of administration and collection, shall be appropriated by
the General Assembly to agencies of the State or political subdivisions
thereof and used solely for: the purchase, construction, reconstruction,
operation and maintenance of airports and other air navigation facilities;
aircraft accident investigation; the operation, maintenance and other costs
of aircraft owned or leased by the Commonwealth; any other purpose reasonable
related to air navigation including but not limited to the reimbursement
of airport property owners for property tax expenditures; and costs and
expenses incident thereto and for the payment of obligations incurred for
such purposes, and shall not be diverted by transfer or otherwise to any
other purpose.
Governor's Budgets and Financial Plan
Section 12.
Annually, at the times set by law, the Governor shall submit to the General
Assembly:
(a) A balanced operating budget for the ensuing fiscal year setting
forth in detail (i) proposed expenditures classified by department or agency
and by program and (ii) estimated revenues from all sources. If estimated
revenues and available surplus are less than proposed expenditures, the
Governor shall recommend specific additional sources of revenue sufficient
to pay the deficiency and the estimated revenue to be derived from each
source;
(b) A capital budget for the ensuing fiscal year setting forth in detail
proposed expenditures to be financed from the proceeds of obligations of
the Commonwealth or of its agencies or authorities or from operating funds;
and
(c) A financial plan for not less than the next succeeding five fiscal
years, which plan shall include for each such fiscal year:
(i) Projected operating expenditures classified by department or agency
and by program, in reasonable detail, and estimated revenues, by major
categories, from existing and additional sources, and
(ii) Projected expenditures for capital projects specifically itemized
by purpose, and the proposed sources of financing each.
Appropriations
Section 13.
(a) Operating budget appropriations made by the General Assembly shall
not exceed the actual and estimated revenues and surplus available in the
same fiscal year.
(b) The General Assembly shall adopt a capital budget for the ensuing
fiscal year.
Surplus
Section 14.
All surplus of operating funds at the end of the fiscal year shall be appropriated
during the ensuing fiscal year by the General Assembly.
Project "70"
Section 15.
In addition to the purposes stated in Article VIII, section seven of this
Constitution, the Commonwealth may be authorized by law to create debt
and to issue bonds to the amount of $70,000,000 for the acquisition of
land for State parks, reservoirs and other conservation and recreation
and historical preservation purposes, and for participation by the Commonwealth
with political subdivisions in the acquisition of land for parks, reservoirs
and other conservation and recreation and historical preservation purposes,
subject to such conditions and limitations as the General Assembly may
prescribe.
Land and Water Conservation and Reclamation Fund
Section 16.
In addition to the purposed stated in Article VIII, section seven of this
Constitution, the Commonwealth may be authorized by law to create a debt
and issue bonds in the amount of $500,000,000 for a Land and Water Conserva