State legislature: what they do matters
Many of us follow national politics closely. We follow the actions of the President and Congress, sometimes obsessively. Yet our knowledge of our own Pennsylvania legislature is often limited. We may know our local senator or representative and possibly a couple of high-profile leaders. Beyond that, many of us are clueless. This is unfortunate because our legislature is involved in issues that affect all of us, including abortion, voting rights, and redistricting. This lack of attention and oversight on our part has contributed to a legislative body that is dysfunctional and totally partisan. Here is a snapshot.
The Pennsylvania Legislature is the third most expensive, only behind New York and California, according to a recent study by the Commonwealth Foundation. Yet it is also one of the five least productive states in terms of enacting significant legislation. Our full-time legislature enacts only 4% of introduced legislation. This is less than most part-time legislative bodies according to a study by Fiscalnote, a global leader in fiscal intelligence. It also appears that the 2021-22 legislative session is on course to be one of the least productive on record.
There are multiple reasons for this dysfunction and lack of production. The focus here is on two of those reasons. One is the archaic, centralized rules which govern the legislative process. The other is the recent Republican use of the Constitutional amendment process to enact partisan legislation without having to engage in the normal legislative process.
For years Pennsylvania’s legislative rules have put all of the agenda setting power in the hands of committee chairs and legislative leaders. Bipartisan bills rarely come up for a vote. The result is a stark divide between the legislation that is acted upon and policies sought by the large majority of Pennsylvania voters. This is not just an issue of shutting out minority party voices. Majority party legislators’ constituent needs are also blocked by the leadership’s agenda.
These restrictive operating rules have been used to block bipartisan legislation addressing an array of critical issues. Here is just a partial list: broadband access, childhood lead poisoning, clean energy, equitable school funding, raising the minimum wage, legislator ethics and financial standards, open primaries, an independent redistricting commission, and property tax reform. Most Pennsylvanians have wanted action on these issues for years, but the leaders have resisted. The result has been legislative paralysis.
Instead of working for bipartisan solutions to Pennsylvania’s pressing problems, Republican legislative leaders have found a way to enact their own agenda without working with the Democratic governor or their minority party counterparts. They are using a Constitutional amendment process to enact partisan policies. Under this process, the legislature passes a resolution in two consecutive legislative sessions. The proposed Constitutional amendment then is placed on the ballot as a voter referendum. The governor is not involved in the process.
On July 8, at the end of the summer legislative session, the Legislature passed five proposed amendments to the Pennsylvania Constitution. This was done with no hearings, no debate, no input from the public or the minority party. The amendments are tentatively scheduled for a vote in the May 2023 primary when voting is light. The amendments are:
Declare that the Pennsylvania Constitution does not grant any right related to abortion.
Require a valid issued identification to vote.
Create a system for election audits.
Allow gubernatorial candidates to select their running mates.
Give power to the General Assembly to disapprove regulations without the governor’s approval.
Leaving aside the whole issue of lack of transparency, most of these are Republican party priorities that normally would not pass using the regular legislative process. The abortion amendment is a first step toward outlawing all abortions in Pennsylvania. The election audit is redundant because Pennsylvania elections are already audited. This simply smacks of efforts to undermine the credibility of the election process. Think Cyber Ninjas. The requirement for a government issued identification may suppress voting because eligible voters such as the elderly, the disabled, and students may not have a “valid” issued identification. Allowing the General Assembly to unilaterally veto regulations upsets the normal checks and balance between the legislative and executive branches.
It’s long past time for reform. The legislative rules need to change to allow bipartisan bills to get a hearing and a vote. Legislators need to be able to present legislation that is important to their constituents and not be stymied by outdated rules. Also, running a diverse state of 13 million people should not be done using a Constitutional amendment process. It’s time to do the hard work of enacting critical legislation through a normal legislative process of outreach, negotiation, and compromise between the legislative and executive branches because it matters to all of us.
Tom Deloe is a member of Democracy For America’s Government Accountability Task Force. He lives in Cumberland Township, Adams County.
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