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Pennsylvania State Senate
07/22/2024 10:27 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20210&chamber=S&cosponId=37108
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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: March 29, 2022 11:28 AM
From: Senator Cris Dush
To: All Senate members
Subject: Constitutional Amendments Regarding Impeachments
 
In the near future I intend to introduce legislation which shall make it possible for Pennsylvania's lesser magistrates to bring evidence of Ultra Vires acts of the Executive and/or Judicial branches of state government before the Legislature for the purpose of holding those sworn officials accountable for acts that go beyond the power The People of the Commonwealth have delegated through the Constitution to those officials.

There will be two separate pieces of legislation (one empowering District Attorneys and the other empowering counties' Boards of Commissioners) which, if both approved by The People of Pennsylvania would change Article VI, Section 4 to have the effect portrayed in the following draft example:

Power of Impeachment
Section 4
  1. The House of Representatives shall have the sole power of impeachment.
  2. Notwithstanding part (a) upon submission of letters of indictment, from District Attorneys of a simple majority of the counties of the Commonwealth, indicting the Governor or any civil officer subject to impeachment for an ultra vires act to the Speaker of the House, the Speaker shall call a special session of the House for the purpose of conducting impeachment hearings.  Each of the District Attorneys submitting the letters of indictment shall be offered the opportunity to testify, provide testifiers and/or written testimony to the House for the hearings.
  3. Notwithstanding part (a) upon submission of letters of indictment, from Boards of Commissioners of a simple majority of the counties of the Commonwealth, indicting the Governor or any civil officer subject to impeachment for an ultra vires act to the Speaker of the House, the Speaker shall call a special session of the House for the purpose of conducting impeachment hearings.  Each of the Boards of Commissioners submitting the letters of indictment shall be offered the opportunity to testify, provide testifiers and/or written testimony to the House for the hearings.