Proposed amendments to Pa. constitution need action soon to reach May primary ballots

Jan. 5—HARRISBURG — There are no session days yet scheduled on the legislative calendar for the Pennsylvania House as its unusual transition into the latest session continues with a near-even split in membership, wide partisan divisions and a new speaker pledging to operate as an independent.

Lawmakers will have to act before February ends if they intend to get any proposed constitutional amendments onto the May 16 primary election ballot.

Amendment proposals successfully voted through both chambers of the General Assembly in consecutive two-year sessions must be advertised in the three calendar months preceding an election, according to the Pennsylvania Constitution and the Department of State.

In the case of the spring primary, that means February, March and April.

Voters have the final say on whether to ratify the state constitution. The governor has no veto power in the process.

The surprise election of Rep. Mark Rozzi of Berks County as House speaker further complicated matters in the muddled chamber. The current makeup favors Republicans, 101-99 with three vacancies to be filled at special election, all in districts favoring Democrats.

Rozzi said he had no expectation of being nominated let alone elected to the position by his colleagues. And, there's the matter of his pledge to operate as an independent but continued confusion as to whether he'll exit the Democratic Party. He hasn't yet confirmed how he'll move forward. Should he change his party affiliation, the House is trending toward a 101-101-1 split.

Now, Rozzi is tasked with setting the dates for voting days in the House as well as making committee appointments and chairmanships — all of which were still pending Thursday. Plus, the House must return to enact its own rules of procedure.

"We're in such a state of flux," said state Rep. Tim Bonner, R-Mercer/Butler counties. "We're certainly in an awkward position. We're ready to start work, but without the committees being formed, we're not in a position to do what the voters elected us to do."

"I have concerns that we don't even have a calendar yet," Rep. Jim Rigby, R-Cambria/Somerset, said. "I don't know when we're coming back to session. I want to know what our calendar is. There's still business to be taken care of. I look at this as an opportunity for both sides to now work alongside one another and get things done."

Republican majorities in the House and Senate carried votes last summer on a package of five constitutional amendments.

The proposals seek to declare there is no right to abortion or government funding for elective abortions in Pennsylvania, establish voter ID, remove the governor's veto power from the legislative process of overturning regulations, allow gubernatorial nominees to choose running mates for lieutenant governor rather than have nominees elected separately in primary elections, and charge the Office of Auditor General with conducting election audits.

A sixth proposed amendment, approved in 2021, looks to open a two-year window for victims of child sexual abuse to file civil lawsuits beyond the expiration of the statute of limitations. It moved through the Legislature with broad bipartisan support and is a priority issue for Speaker Rozzi and the Republican who nominated him for the role, Rep. Jim Gregory, R-Blair/Huntington counties. Both have spoken publicly about themselves having survived childhood sexual abuse.

Voters shouldn't expect to see all six.

The abortion amendment garnered the most scrutiny when it was adopted on the heels of the U.S. Supreme Court decision to overturn federal protections afforded by Roe v. Wade for nearly 50 years.

The threat of losing abortion access was among the chief motivators in turning out the vote in the midterms, with Democrats in Pennsylvania gaining 12 seats and, likely in time, the House majority, plus one seat in the Republican-controlled Senate and overwhelming victories for U.S. Sen. John Fetterman and Governor-elect Josh Shapiro.

The House Democratic Caucus "wholeheartedly supports the retroactive window for survivors of child sex abuse," according to Nicole Reigelman, press secretary for party leader Joanna McClinton. As for the other proposals, Reigelman expressed that members aren't keen on them whatsoever.

"House Democrats oppose any effort to make voting harder," Reigelman said. "Expanding the state's existing voter ID requirement makes it more difficult for our neighbors who are already legally registered to vote — from seniors to students to residents in urban areas — to exercise their right."

House Republican Leader Bryan Cutler on Tuesday said voter ID, regulatory reform and the statute of limitations proposals are his caucus's priorities.

Jason Gottesman, spokesman for the House Republican Caucus, reiterated Cutler's comments. "Those still remain the priorities and are a reflection of what we hope to accomplish, given the closely divided chamber and independent speaker," he said.

Kate Eckhart Flessner, communications director for Senate Majority Leader Joe Pittman, identified voter ID, regulatory review, election audits and the statute of limitations for abuse survivors as expected topics of conversation with House leaders.