Constitutional amendments in Pennsylvania (Gettysburg Times op-ed)

In the last couple of years Pennsylvania’s Republican Party has embraced proposed changes to the Pennsylvania Constitution. Instead of reaching out to the Democratic governor to forge bi-partisan legislation, the legislature proposed Constitutional changes that would upend the balance of power and further restrict voting and abortion rights. This article examines the proposed amendments and, given the recent election results, whether these efforts will be successful.

Republican legislators have turned to the Constitutional amendment process to advance their policy goals because Democratic Governor Tom Wolf has vetoed many of their priorities. Constitutional amendments do not need the governor’s approval. Instead, if a proposed amendment passes in two consecutive legislative sessions, a referendum of voters is scheduled. Historically Pennsylvania voters usually pass proposed amendments (Fair Districts PA, 2022).

The following amendments passed the legislature in July 2022 at the end of the last legislative session. There were no public hearings, no expert testimony, and no input from the minority party. In fact, there was little debate at all. These are the proposed amendments:

  1. Declare that the Pennsylvania Constitution does not grant any right related to abortion.

  2. Require voters to show ID whenever they vote in person or include proof of ID when voting by mail.

  3. Require annual election audits by the State Auditor General.

  4. Allow the General Assembly to block regulations through a simple majority rather than a two-thirds majority.

  5. Allow gubernatorial candidates to select their own lieutenant governor.

These proposed amendments were to be scheduled for their second vote when the General Assembly convened in January 2023. However, the Democrats’ surprising flip of the House may block the path forward for the amendments. Democrats flipped 12 House seats in the November election giving them a 102-101 majority. However, this slim majority was reduced to 99 because three of those elected Democratic representatives were not sworn in on January 3, 2023. Rep. Tony DeLuca died; Austin Davis won the lieutenant governor’s race, and Summer Lee won a Congressional seat. This gives the Republicans a functional majority for a limited time thanks to these vacancies.

With control of the House uncertain, both parties have claimed they should control the House. On Jan. 18, commonwealth court ruled the three elections should take place on Feb. 7. As of this writing, it is not known if Republicans will appeal that ruling to the Pennsylvania Supreme Court. Until those elections are held, the House, in a surprise move, elected state Rep. Mark Rozzi (D-Berks) as the interim speaker on Jan. 3. Rep. Rozzi has pledged to act as an independent and not caucus with the Democrats. If Speaker Rossi is true to his word, and Democrats win the three upcoming elections as expected, the House will be tied at 101-101-1.

The question is: Will the Republicans be able to pass these far reaching, controversial amendments given these events? It will depend on three factors – the Speaker, legislative rules, and upcoming elections. Speaker Rozzi has the power to determine whether and when these amendments will ever come up for a vote. Second, legislative rules are being written now, and have not yet been approved. Rules determine who can propose legislation, when, and whether it can be voted upon. Third,

Republicans will have to act quickly before the three special elections. If those elections result in Democratic representatives as expected, the Republicans will lose their majority.

Even if the Republicans can schedule an early vote, there is also the question of whether they have enough votes to pass all the amendments. Republicans will have no margin for error. For instance, the abortion amendment may be in jeopardy. Spotlight PA recently reported three GOP representatives from suburban Philadelphia had previously voted against the abortion amendment in the first vote. Without those votes, they would need Democratic support which is unlikely.

Spotlight PA further reports that GOP lawmakers and lobbyists will focus primarily on voter ID requirements and the amendment to override regulations. These seem to have the most support among GOP lawmakers, and they think will pass in a referendum. However, both will face stiff opposition. Voting rights groups and democratic lawmakers note that many voters do not have an ID; nor do they have access to copiers and scanners. This would disenfranchise thousands of eligible voters.

Many advocacy groups such as Planned Parenthood see high stakes in the wonky debate over how to approve new regulations. In a statement, Signe Espinoza, executive director of the reproductive health organization, states that giving more regulatory power to the General Assembly may end regulations that allow clinics to provide abortion care. For reasons such as this, this amendment may also face stiff opposition from Democratic lawmakers.

This past election may end this governing of Pennsylvania by Constitutional amendment. This would be a positive development according to most observers of Pennsylvania state government. The Pennsylvania Constitution was not designed to be changed constantly to enact partisan policy goals. Instead, the Constitution set up competing branches of government encouraging the General Assembly to work with the governor to pass legislation. The past election results in the House may now force that kind of cooperation and bi-partisanship. Let us hope so.

Tom DeLoe is a member of Democracy for America. He lives with his wife in Gettysburg; the opinions are his own.

GovernmentTom DeloeTimes, op-ed