Jonah Patel
Pennsylvania's Constitution has been amended several times since it came into effect in 1968. Amendments do not require the approval of the state governor but do need cooperation between the state House and Senate. The process of amending the Constitution involves passing identical language in two consecutive sessions of the General Assembly, after which it is sent to voters for approval in the following election. If a majority of voters approve it, and it survives legal challenges, it becomes part of the Constitution. Proposed amendments include eliminating statewide elections for Pennsylvania's appellate judges, creating a two-year window for survivors of childhood sexual abuse to file civil lawsuits, and allowing gubernatorial candidates to pick a candidate for lieutenant governor.
| Characteristics | Values |
|---|---|
| Number of proposed changes to the state constitution since January 2021 | More than 70 |
| Number of proposed changes to the state constitution since the latest two-year session began in January 2021 | 70+ |
| Number of proposed changes to the state constitution that have been considered by lawmakers | 2 |
| Number of proposed changes to the state constitution that could be on the ballot in 2024 | 2 |
| Number of proposed changes to the state constitution that are likely doomed | 6 |
| Number of proposed changes to the state constitution that received approval last year | 3 |
| Number of proposed changes to the state constitution that voters rejected since 1968 | 6 |
| Number of proposed changes to the state constitution that voters have received since 1968 | 49 |
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What You'll Learn
The statute of limitations for survivors of childhood sexual abuse
In Pennsylvania, criminal charges are filed by prosecutors, not survivors. For adult victims of sexual assault, the criminal statute of limitations for filing charges is 12 years from the assault. There is no statute of limitations for most types of child sexual abuse. Before 2019, the statute of limitations for civil sexual abuse lawsuits was two years for those over 18.
A package of bills that reformed the statutes of limitations in sexual assault-related cases was signed into law in November 2019 by Governor Tom Wolf. These bills—HB 962, HB 963, HB 1051, and HB 1171—aim to address the recommendations made in the 2018 Grand Jury Report on child sexual abuse in the Catholic Church. While the report focused on sexual abuse within the Catholic Church, the legislative package pertains to abuse against children across secular and religious institutions.
House Bill 963, titled The Pennsylvania Childhood Sexual Abuse Retroactive Lawsuits for Two-Year Period Amendment, was first introduced in the 2019-2020 legislative session. This bill would have amended the Pennsylvania constitution to create a two-year lookback window for survivors to file civil child sexual abuse lawsuits that would have otherwise been time-barred. Despite passing both the state House and Senate, the ballot measure was not properly advertised, so the initiative failed. The bill was introduced again in 2021 but has been delayed by political disputes.
Senate Bill 540 (2019-2020) was a statutory reform proposal introduced in 2019 to fully eliminate the statute of limitations for sexual offenses and open a two-year lookback window. However, the bill did not make it past the Pennsylvania Senate.
If a majority of voters approve an amendment, and it survives any legal challenges, it becomes part of the constitution. Since 1968, voters have rejected only six of 49 proposed amendments that reached them.
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Abortion rights
In 2022, Pennsylvania's Republican-controlled House and Senate advanced an amendment that would have altered the state's constitution to explicitly deny any right to taxpayer-funded abortions or access to abortions. This amendment, known as Senate Bill 106 (SB 106), sparked controversy and faced legal challenges from Governor Tom Wolf, who argued that it violated the right to privacy guaranteed by the Pennsylvania Constitution. Despite the lawsuit, the amendment passed in the Legislature in 2022.
The proposed amendment has significant implications for abortion rights in Pennsylvania. By stating that the constitution does not grant any right relating to abortion, it paves the way for further abortion restrictions and bans in the state. It also has the potential to impact miscarriage care and treatment for ectopic pregnancies, as the language of the amendment is broad and far-reaching.
The amendment process, however, is not yet complete. For the amendment to be added to the Pennsylvania Constitution, it must be approved by voters via a ballot measure during the next election. This means that the people of Pennsylvania will ultimately decide whether to enshrine these restrictions into their state's constitution.
In contrast to the anti-abortion amendment, lawmakers have also introduced House Bill 1888, which seeks to protect abortion rights in the state. This bill proposes adding a "fundamental right to personal reproductive liberty" to the constitution, which would make it more difficult for the state to enact abortion restrictions. The bill is expected to pass the House with Democratic support and may gain bipartisan backing in the Senate.
The battle over abortion rights in Pennsylvania is ongoing, with both supporters and opponents of abortion access closely watching the state's legislative and judicial developments. The outcome will have a significant impact on the lives of Pennsylvanians, particularly those from marginalized communities who are disproportionately affected by abortion bans and restrictions.
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Gubernatorial candidates choosing lieutenant governor candidates
In the United States, a lieutenant governor is an official in the state governments of 45 out of 50 states. Typically, the lieutenant governor is the highest-ranking officer after the governor, and assumes the role of the governor when they are absent or incapacitated. In the event of the governor's death, resignation, or removal from office, the lieutenant governor usually becomes governor.
There are various procedures for nominating lieutenant governor candidates, and these differ from state to state. In 18 states, gubernatorial candidates select a lieutenant governor to be their running mate. In these states, candidates may choose someone of a different gender or race, which can result in greater diversity in lieutenant governors. This can also give them a prime position to later become governor.
In 13 of the 25 states with joint elections, the gubernatorial candidate selects a running mate. In some states, the selection must occur before the primary, while in others it can occur after. For instance, in Maryland, Minnesota, and Ohio, gubernatorial candidates must choose their running mate by the time they file their declaration of candidacy. On the other hand, the selection deadlines in Colorado and Florida are seven and nine days after the primary, respectively.
In eight of the 25 states with joint elections, candidates for governor and lieutenant governor are subject to separate primaries. This means that the party-endorsed candidate for lieutenant governor could face a primary, even if the party-endorsed candidate for governor does not.
In four states, major political parties nominate candidates for lieutenant governor at a state convention following the primary. In practice, the gubernatorial candidate often makes the decision beforehand, and the convention delegates officially confirm the nominee.
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Judicial elections
The Pennsylvania Constitution establishes a unified judicial system for the Commonwealth, comprising the Supreme Court, the Superior Court, the Commonwealth Court, and other courts as the General Assembly may from time to time establish by law. The proposed amendments would alter the requirements for judicial offices and the manner in which judicial officers are selected.
The Pennsylvania Constitution currently requires that justices of the Supreme Court, judges of the Superior Court, and judges of the Commonwealth Court be "learned in the law," which has been interpreted to mean that they must be licensed to practise law in the state. The proposed amendment would require these judicial officers to have been members of the Pennsylvania Bar for at least ten years. This change would likely affect a small number of individuals who are currently eligible to serve as justices or judges but do not meet the new tenure requirement.
Additionally, the Pennsylvania Constitution currently provides that justices of the peace, judges, and justices of the peace of all courts and districts shall be elected by the voters of the Commonwealth. The proposed amendment would alter this process by providing for the
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Emergency powers
The Pennsylvania Senate approved a proposed constitutional amendment that would limit the governor's emergency powers. The amendment would restrict the length of future emergency disaster declarations to 21 days unless extended by the state's General Assembly. The bill, known as Senate Bill 2, would require the governor to ask the legislature to extend any emergency declaration beyond 21 days.
The amendment was proposed in response to the ongoing emergency declaration for the coronavirus pandemic, which has been in effect for close to a year. Supporters of the bill argue that the governor should not be able to extend emergencies indefinitely and that the current declaration has harmed Pennsylvanians and business owners. They believe that the governor's emergency powers should be limited to prevent abuse and ensure that the people's representatives have a say in disaster response efforts.
Governor Tom Wolf opposes the amendment, stating that it could adversely affect disaster response and the state's ability to obtain federal funding. Wolf also argued that it would "tie his hands and those of emergency workers who are empowered or protected by his executive actions." Democrats in the House State Government Committee described the bill as a "dangerous path" and a "knee-jerk reaction to a once-in-a-century pandemic."
If the amendment passes in the House, it will be put on the ballot for voters to decide. Pennsylvania voters will have the final say on whether to approve or reject the measure, which would limit gubernatorial disaster declarations to 21 days absent legislative approval.
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Frequently asked questions
Any amendments to the Pennsylvania Constitution would affect all residents of Pennsylvania.
The Pennsylvania Constitution can be amended by the General Assembly, which is made up of the House and the Senate. The Governor does not need to approve these amendments. The proposed amendments are then voted on by the residents of Pennsylvania.
Since 1968, Pennsylvania residents have voted on 49 proposed amendments, with only six of them being rejected.
