2023-2024 Regular Session HB 547 PN 0520 Bill Text (HTM)

PRIOR PASSAGE - NONE

PRINTER'S NO. 520

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

547

Session of

2023

INTRODUCED BY ZIMMERMAN, STAMBAUGH, KAUFFMAN, PICKETT, MOUL,

FINK AND GLEIM, MARCH 20, 2023

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 20, 2023

A JOINT RESOLUTION

Proposing integrated amendments to the Constitution of the

Commonwealth of Pennsylvania, providing for the election and

qualifications of the Secretary of the Commonwealth.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1. The following integrated amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1) That Article IV be amended by adding a section to read:

§ 4.2. Secretary of the Commonwealth.

A Secretary of the Commonwealth shall be chosen by the

qualified electors of the Commonwealth on the day the general

election is held for the Auditor General, State Treasurer and

Attorney General. The Secretary of the Commonwealth shall hold

office during four years from the third Tuesday of January next

ensuing his or her election and shall not be eligible to serve

continuously for more than two successive terms. The Secretary

of the Commonwealth shall be the chief elections officer of the

Commonwealth and shall exercise such powers and perform such

duties as may be imposed by law.

(2) That section 5 of Article IV be amended to read:

§ 5. Qualifications of Governor, Lieutenant Governor, Secretary

of the Commonwealth and Attorney General.

No person shall be eligible to the office of Governor,

Lieutenant Governor, Secretary of the Commonwealth or Attorney

General except a citizen of the United States, who shall have

attained the age of 30 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.

(3) That section 6 of Article IV be amended to read:

§ 6. Disqualification for offices of Governor, Lieutenant

Governor, Secretary of the Commonwealth and Attorney

General.

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, Secretary of the Commonwealth or

Attorney General.

(4) That section 17 of Article IV be amended to read:

§ 17. Contested elections of Governor, Lieutenant Governor,

Secretary of the Commonwealth and Attorney General;

when succeeded.

The Chief Justice of the Supreme Court shall preside upon the

trial of any contested election of Governor, Lieutenant

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Governor, Secretary of the Commonwealth 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, Secretary of the Commonwealth and Attorney

General shall exercise the duties of their respective offices

until their successors shall be duly qualified.

Section 2. Upon approval of the addition of section 4.2 of

Article IV of the Constitution of Pennsylvania by the electors,

there shall be a vacancy in the office of the Secretary of the

Commonwealth which shall be filled as provided in section 4.2 of

Article IV of the Constitution of Pennsylvania.

Section 3. The following procedure applies to the proposed

constitutional amendments in this joint resolution:

(1) Upon the first passage by the General Assembly of

the amendments, the Secretary of the Commonwealth shall

proceed immediately to comply with the advertising

requirements of section 1 of Article XI of the Constitution

of Pennsylvania.

(2) Upon the second passage by the General Assembly of

the amendments, the Secretary of the Commonwealth shall

proceed immediately to comply with the advertising

requirements of section 1 of Article XI of the Constitution

of Pennsylvania. The Secretary of the Commonwealth shall

submit the amendments to the qualified electors of this

Commonwealth as a single ballot question at the first

primary, general or municipal election which meets the

requirements of section 1 of Article XI of the Constitution

of Pennsylvania.

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