Public Notice - PROPOSED AMENDMENTS TO THE CONSTITUTION OF PENNSYLVANIA
This notice contains information about questions that will be on the
ballot in the Municipal Primary to be held on May 18, 2021.
The ballot questions propose three separate amendments to the
Constitution of Pennsylvania, based on a joint resolution of the
General Assembly of Pennsylvania.
If one or more of the ballot questions is approved by a majority of the
people voting on it, each amendment approved will become law.
The General Assembly of Pennsylvania first proposed the
amendments during the 2020 session and approved them for a
second time during the 2021 session of the legislature, as required by
Article XI, Section 1 of the Constitution.
This public notice is part of the process of amending the Constitution
of Pennsylvania. The Secretary of the Commonwealth is required to
publish:
• A copy of the joint resolution proposing the amendments.
• The text of each question that will be on the ballot.
• A “Plain English Statement” prepared by the Office of
Attorney General explaining the purpose, limitations and
effects of each ballot question upon the people of this
Commonwealth.
Text that appears in bold print are the changes to the words of the
Constitution that are proposed by the General Assembly. If the
amendment is approved, the words underlined would be added to
the Constitution and the words in [brackets] would be deleted.
If you need help reading this advertisement or need the text of the
proposed amendment in an alternative format, call or write the
Pennsylvania Department of State, Bureau of Election Services and
Notaries, Room 210 North Office Building, Harrisburg, PA 17120,
1-877-868-3772 (option 3), ra-elections@pa.gov.
Veronica Degraffenreid
Acting Secretary of the Commonwealth
JOINT RESOLUTION NO. 2021 – 1
Proposing separate and distinct amendments to the Constitution
of Pennsylvania, in declaration of rights, providing for prohibition
against denial or abridgment of equality of rights because of race and
ethnicity; in legislation, further providing for action on concurrent
orders and resolutions; and, in the executive, providing for disaster
emergency declaration and management.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following separate and distinct amendments to the
Constitution of Pennsylvania are proposed in accordance with Article
XI:
(1) That Article I of the Constitution of Pennsylvania be amended by
adding a section to read:
§ 29. Prohibition against denial or abridgment of equality of rights
because of race and ethnicity.
Equality of rights under the law shall not be denied or abridged
in the Commonwealth of Pennsylvania because of the race or
ethnicity of the individual.
(1.1) That section 9 of Article III be amended to read:
§ 9. Action on concurrent orders and resolutions.
Every order, resolution or vote, to which the concurrence of both
Houses may be necessary, except on the [question of adjournment]
questions of adjournment or termination or extension of a disaster
emergency declaration as declared by an executive order or
proclamation, or portion of a disaster emergency declaration as
declared by an executive order or proclamation, 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.
(2) That Article IV be amended by adding a section to read:
§ 20. Disaster emergency declaration and management.
(a) A disaster emergency declaration may be declared by executive
order or proclamation of the Governor upon finding that a
disaster has occurred or that the occurrence or threat of a disaster
is imminent that threatens the health, safety or welfare of this
Commonwealth.
(b) Each disaster emergency declaration issued by the Governor
under subsection (a) shall indicate the nature, each area threatened
and the conditions of the disaster, including whether the disaster
is a natural disaster, military emergency, public health emergency,
technological disaster or other general emergency, as defined by
statute. The General Assembly shall, by statute, provide for the
manner in which each type of disaster enumerated under this
subsection shall be managed.
(c) A disaster emergency declaration under subsection (a) shall be
in effect for no more than twenty-one (21) days, unless otherwise
extended in whole or part by concurrent resolution of the General
Assembly.
(d) Upon the expiration of a disaster emergency declaration
under subsection (a), the Governor may not issue a new disaster
emergency declaration based upon the same or substantially
similar facts and circumstances without the passage of a concurrent
resolution of the General Assembly expressly approving the new
disaster emergency declaration.
Section 2. (a) Upon the first passage by the General Assembly of
these proposed constitutional 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 and shall transmit the required advertisements
to two newspapers in every county in which such newspapers
are published in sufficient time after passage of these proposed
constitutional amendments.
(b) Upon the second passage by the General Assembly of
these proposed constitutional 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 and shall transmit the required advertisements
to two newspapers in every county in which such newspapers
are published in sufficient time after passage of these proposed
constitutional amendments. The Secretary of the Commonwealth
shall:
(1) Submit the proposed constitutional amendment under section
1(1) of this resolution to the qualified electors of this Commonwealth
as a separate ballot question at the first primary, general or municipal
election which meets the requirements of and is in conformance
with section 1 of Article XI of the Constitution of Pennsylvania and
which occurs at least three months after the proposed constitutional
amendment is passed by the General Assembly.
(1.1) Submit the proposed constitutional amendment under
section 1(1.1) of this resolution to the qualified electors of this
Commonwealth as a separate ballot question at the first primary,
general or municipal election which meets the requirements of and
is in conformance with section 1 of Article XI of the Constitution
of Pennsylvania and which occurs at least three months after the
proposed constitutional amendment is passed by the General
Assembly.
(2) Submit the proposed constitutional amendment under section
1(2) of this resolution to the qualified electors of this Commonwealth
as a separate ballot question at the first primary, general or municipal
election which meets the requirements of and is in conformance
with section 1 of Article XI of the Constitution of Pennsylvania and
which occurs at least three months after the proposed constitutional
amendment is passed by the General Assembly.
PROPOSED CONSTITUTIONAL AMENDMENT –
ARTICLE III, SECTION 9
RELATING TO TERMINATION OR EXTENSION OF DISASTER
EMERGENCY DECLARATIONS
Ballot Question
Shall the Pennsylvania Constitution be amended to change existing
law and increase the power of the General Assembly to unilaterally
terminate or extend a disaster emergency declaration—and the
powers of Commonwealth agencies to address the disaster regardless
of its severity pursuant to that declaration—through passing a
concurrent resolution by simple majority, thereby removing the
existing check and balance of presenting a resolution to the Governor
for approval or disapproval?
Plain English Statement of the Office of Attorney General
Joint Resolution No. 2021-1 proposes to amend Article III, Section
9 of the Pennsylvania Constitution to provide a new exception to
traditional legislative procedure by allowing the General Assembly to
terminate or extend a disaster emergency declaration or a portion of
such declaration without needing the Governor’s approval.
Currently, Article III, Section 9 establishes a general rule that all
orders, resolutions or votes requiring approval by both the House of
Representatives and Senate must be presented to the Governor for
his approval or veto. Resolutions for the adjournment of the General
Assembly are exempted from this process. If the order, resolution or
vote is approved by the Governor, it becomes law. If the Governor
vetoes the resolution, it does not become law unless two-thirds
of the House and Senate vote to override the veto. The proposed
amendment would create an additional exception to this customary
legislative procedure for concurrent resolutions to terminate or
extend, in whole or in part, a disaster emergency declaration issued
by the Governor.
The proposed amendment will also have the effect of reversing a
recent ruling of the Pennsylvania Supreme Court which held the
Pennsylvania Constitution prohibited the General Assembly from
passing a concurrent resolution to terminate the Governor’s Covid-19
disaster emergency declaration without presenting it to the Governor
for his approval. It will change the law to allow the General
Assembly to terminate or extend a disaster emergency declaration
through a concurrent resolution approved by only a majority of the
members of the House and Senate, without having to present the
resolution to the Governor for his approval or veto.
The proposed amendment is limited in that it only changes the
traditional legislative process for terminating or extending disaster
emergency declarations issued by the Governor. The amendment
will not alter the current legislative procedure with respect to
which orders, resolutions or votes of the General Assembly must
be presented to the Governor for his approval on any other subject
matter.
PROPOSED CONSTITUTIONAL AMENDMENT – ARTICLE IV
DISASTER EMERGENCY DECLARATION AND MANAGEMENT
Ballot Question
Shall the Pennsylvania Constitution be amended to change
existing law so that: a disaster emergency declaration will expire
automatically after 21 days, regardless of the severity of the
emergency, unless the General Assembly takes action to extend the
disaster emergency; the Governor may not declare a new disaster
emergency to respond to the dangers facing the Commonwealth
unless the General Assembly passes a concurrent resolution; the
General Assembly enacts new laws for disaster management?
Plain English Statement of the Office of Attorney General
Joint Resolution No. 2021-1 proposes adding a new section to Article
IV of the Pennsylvania Constitution. This amendment incorporates
disaster emergency declaration and management powers directly
into the Constitution by:
• Granting the Governor authority to declare a disaster
emergency declaration by proclamation or executive order;
• Requiring each declaration to indicate the nature, location
and type of disaster;
• Granting the General Assembly authority to pass laws
providing for the manner in which each disaster shall be
managed;
• Limiting the duration of a Governor’s declaration to 21
days, unless otherwise extended, in whole or in part, by a
concurrent resolution of the General Assembly;
• Preventing the Governor, upon the expiration of a
declaration, from issuing a new declaration based upon
the same or substantially similar facts, unless the General
Assembly passes a concurrent resolution expressly approving
a new declaration.
Currently, disaster emergency declaration and management
powers are delegated by statute to the Governor. The Governor
has the sole authority to issue and manage all disaster emergency
declarations, which cannot extend beyond 90 days unless renewed
by the Governor. The General Assembly may override a Governor’s
disaster emergency declaration by concurrent resolution that must be
presented to the Governor for his approval or veto.
If approved, the amendment would transfer certain of the
Governor’s existing authority to respond to and manage disaster
emergencies to the General Assembly. The Governor would retain
the authority to issue an initial disaster emergency declaration but
the declaration’s permissible length would be reduced from 90 to 21
days. The sole authority to extend a declaration would lie with the
General Assembly; presently, this power rests with the Governor.
Upon expiration of the initial declaration, the amendment prohibits
the Governor from issuing a new declaration based upon the same
or substantially similar facts without the approval of the General
Assembly. The Governor would no longer have unilateral authority
to manage disasters, but would have to do so consistent with the
laws passed by the General Assembly.
If approved, the General Assembly would be required to pass
new laws establishing the manner in which each type of disaster
shall be managed. If added to the Pennsylvania Constitution, the
proposed amendment cannot be modified or repealed except by
a judicial decision finding all or part of the proposed amendment
unconstitutional or by the approval of a subsequent constitutional
amendment.
PROPOSED CONSTITUTIONAL AMENDMENT – ARTICLE I
PROHIBITION AGAINST DENIAL OR ABRIDGEMENT OF
EQUALITY OF RIGHTS BECAUSE OF RACE OR ETHNICITY
Ballot Question
Shall the Pennsylvania Constitution be amended by adding a new
section providing that equality of rights under the law shall not be
denied or abridged because of an individual’s race or ethnicity?
Plain English Statement of the Office of Attorney General
Joint Resolution No. 2021-1, if approved by the electorate, will add
a new section to Article I of the Pennsylvania Constitution. This
amendment creates a constitutional prohibition against restricting
or denying an individual’s equal rights under Pennsylvania law
because of race or ethnicity.
Generally, inclusion of this amendment within the Pennsylvania
Constitution signifies that freedom from discrimination based on race
or ethnicity is an essential principle of liberty and free government.
This amendment applies to all Pennsylvania state, county and local
governmental entities, and guarantees equality of rights under
the law. The amendment, if enacted, will become a part of the
Pennsylvania Constitution. As such, its provisions must be applied
consistent with the other provisions of the Constitution.
This equal right to be free from racial or ethnic discrimination will
exist independent from any such rights under the United States
Constitution or corresponding federal law. If the current federal
protections proscribing racial or ethnic discrimination are abolished,
the prohibition against such discrimination will remain in the
Pennsylvania Constitution. The amendment is limited in that it
creates a right only under Pennsylvania law.
Once added to the Pennsylvania Constitution, the right to be
free from racial or ethnic discrimination under the law cannot be
eliminated except by a judicial decision finding the amendment
unconstitutional or the approval of a subsequent constitutional
amendment. If approved, the General Assembly may pass new laws
to implement the amendment, but it may not pass a law inconsistent
with it.
PAID FOR WITH PENNSYLVANIA TAXPAYER DOLLARS. THIS ADVERTISEMENT IS FUNDED IN WHOLE BY THE GENERAL FUND.