In Pennsylvania, legislatively referred amendments are the only form of statewide direct democracy available. For a typical, “non-emergency” constitutional amendment, the Pennsylvania legislature is to determine the manner and time at which a proposed amendment is voted upon and may order a special election. The Secretary of State is tasked with preparing the ballot question, and the Attorney General is charged with preparing a “plain English statement” of the amendment, which is published before the election and available at the polling place. Pennsylvania provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief or original jurisdiction actions.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Pennsylvania
Pennsylvania does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Pennsylvania voters. PA Const. art. XI, § 1.
Election Timing
A proposed amendment must first be approved by a majority of members elected to each house, in two consecutive General Assemblies. It is then submitted to Pennsylvania voters “in such manner, and at such time at least three months after” approval by the legislature for the second time “as the General Assembly shall prescribe.” See PA Const. art. XI, § 1. No provision restricts the legislature from prescribing a special election.
The Pennsylvania Constitution provides an alternative procedure for a proposed amendment that is required due to a major emergency; such an “emergency amendment” must be approved by a single General Assembly, but with a 2/3 supermajority threshold, and is then submitted to voters at least one month following legislative approval. See id. sub. (a)-(b).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a legislatively referred amendment in Pennsylvania must display the following.
- Brief form of the ballot question (75 words or less), prepared by the Secretary of State.
See 25 Pa. Stat. Ann. §§ 3010(b), 2621(c).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Pennsylvania Constitution provides that proposed constitutional amendments must be published at least twice: once after approval by the General Assembly for the first time, and again after approval for the second time. Pa. Const. art. XI, § 1. The Secretary of State is to publish each proposed amendment in at least two newspapers in every county in which newspapers are published. See id.
In addition to the text of the proposed amendment, the publication must also contain a “plain English statement” prepared by the Attorney General, discussed in further detail below. 25 Pa. Stat. Ann. § 2621.1. At least three copies of the statement are posted in or about the polling place. See id. The Secretary of State also sends this statement to each county board of elections for inclusion in a notice of election, which is published in a county newspaper at least three days before the election. See 25 Pa. Stat. Ann. §§ 2621.1, 3041, 2606.
Voter Information Pamphlet
The Secretary of State must publish a “plain English statement” prepared by the Attorney General. 25 Pa. Stat. Ann. § 2621.1. This statement must indicate “the purpose, limitations, and effects of the ballot question on the people” of Pennsylvania. Id. Beyond this plain English statement, Pennsylvania does not require a state voter information pamphlet for ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
While Pennsylvania provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, review may be available under other channels, such as actions for declaratory and/or injunctive relief or original jurisdiction actions quo warranto.
Sample case: Grimaud v. Com., 865 A.2d 835 (Pa. 2005) (finding the Attorney General’s explanatory statement was sufficient, rejecting an argument that it should have included additional details).