PRIOR PASSAGE - NONE
PRINTER'S NO. 399
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
432
Session of
2023
INTRODUCED BY DIAMOND, R. MACKENZIE, KAUFFMAN, HAMM,
M. MACKENZIE, ZIMMERMAN, ROWE AND WARNER, MARCH 15, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2023
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, further providing for election
of justices, judges and justices of the peace and vacancies
and for tenure of justices, judges and justices of the peace.
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 section 13(c) of Article V be amended to read:
§ 13. Election of justices, judges and justices of the peace;
vacancies.
* * *
(c) [The provisions of section 13(b) shall not apply either
in the case of a vacancy to be filled by retention election as
provided in section 15(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 15(b).] In the case of
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a vacancy occurring at the expiration of an appointive term
under section 13(b), the vacancy shall be filled by election as
provided in section 13(a).
* * *
(2) That section 15(b) of Article V be amended to read:
§ 15. Tenure of justices, judges and justices of the peace.
* * *
(b) [A justice or judge elected under section 13(a),
appointed under section 13(d) or retained under this section
15(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 is filed, a vacancy shall
exist upon the expiration of the term of office of such justice
or judge, to be filled by election under section 13(a) or by
appointment under section 13(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
13(b) or under section 13(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] re-election, subject only to
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the retirement provisions of this article.
Section 2. 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 general
election which meets the requirements of section 1 of Article
XI of the Constitution of Pennsylvania.
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