|
CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA 1874
Click here to go straight to AMENDMENTS
Click
Here to Download .pdf of Constitution (2.9 MB)
WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty
God for the blessings of civil and religious liberty, and humbly invoking
His guidance, do ordain and establish this Constitution.
ARTICLE I
DECLARATION OF RIGHTS
That the general, great and essential principles of liberty and free
government may be recognized and unalterably established, WE DECLARE
THAT -
Equality and rights of men.
Section 1. All men are born equally free and independent, and have certain
inherent and indefeasible rights, among which are those of enjoying
and defending life and liberty, of acquiring, possessing and protecting
property and reputation, and of pursuing their own happiness.
Political powers inherent in the people. Their right to
reform government.
Section 2. All power is inherent in the people, and all free governments
are founded on their authority and instituted for their peace, safety
and happiness. For the advancement of these ends they have at all times
an inalienable and indefeasible right to alter, reform or abolish their
government in such manner as they may think proper.
Natural right of conscience and freedom of worship.
Section 3. All men have a natural and indefeasible right to worship Almighty
God according to the dictates of their own consciences; no man can
of right be compelled to attend, erect or support any place of worship,
or to maintain any ministry against his consent; no human authority
can, in any case whatever, control or interfere with the rights of
conscience, and no preference shall ever be given by law to any religious
establishments or modes of worship.
Religious opinions not to disqualify for holding office.
Section 4. No person who acknowledges the being of a God and a future
state of rewards and punishments shall, on account of his religious
sentiments, be disqualified to hold any office or place of trust or
profit under this Commonwealth.
Freedom of elections.
Section 5. Elections shall be free and equal; and no power, civil or
military, shall at any time interfere to prevent the free exercise
of the right of suffrage.
Trial by jury.
Section 6. Trial by jury shall be as heretofore, and the right thereof
remain inviolate.
Freedom of the press.
Section 7. The printing press shall be free to every person who may undertake
to examine the proceedings of the Legislature or any branch of government,
and no law shall ever by made to restrain the right thereof. The free
communication of thoughts and opinions is one of the invaluable rights
of man, and every citizen may freely speak, write and print on any
subject, being responsible for the abuse of that liberty. No conviction
shall be had in any prosecution for the publication of papers relating
to the official conduct of officers or men in public capacity, or to
any other matter proper for public investigation or information, where
the fact that such publication was not maliciously or negligently made
shall be established to the satisfaction of the jury; and in all indictments
for libels the jury shall have the right to determine the law and the
facts, under the direction of the court, as in other cases.
Searches and seizures limited.
Section 8. The people shall be secure in their persons, houses, papers,
and possessions from unreasonable searches and seizures, and no warrant
to search any place or to seize any person or things shall issue without
describing them as nearly as may be, nor without probable cause, supported
by oath or affirmation subscribed to by the affiant.
Rights of defence and privileges in criminal prosecutions.
Section 9. In all criminal prosecutions, the accused hath a right to
be heard by himself and his counsel, to demand the nature and cause
of the accusation against him, to meet the witnesses face to face,
to have compulsory process for obtaining witnesses in his favor, and
in prosecutions by indictment or information, a speedy public trial
by an impartial jury of the vicinage; he cannot be compelled to give
evidence against himself, nor can he be deprived of his life, liberty
or property, unless by the judgment of his peers or the law of the
land.
Criminal information. Twice in jeopardy. Appropriation
of private property to public use.
Section 10. No person shall, for any indictable offence, be proceeded
against criminally by information, except in cases arising in the land
or naval forces, or in the militia, when in actual service, in time of
war or public danger, or by leave of the court for oppression or misdemeanor
in office. No person shall, for the same offence, be twice put in jeopardy
of life or limb; nor shall private property be taken or applied to public
use, without authority of law and without just compensation being first
made or secured.
Administration of justice to be free. Suits against the
Commonwealth.
Section 11. All courts shall be open; and every man for an injury done
him in his lands, goods, person or reputation shall have remedy by due
course of law, and right and justice administered without sale, denial
or delay. Suits may be brought against the Commonwealth in such manner,
in such courts and in such cases, as the Legislature may by law direct.
Limitation upon suspension of laws.
Section 12. No power of suspending laws shall be exercised unless by
the Legislature or by its authority.
Excessive bail or fines and cruel punishment forbidden.
Section 13. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel punishments inflicted.
Prisoners bailable;Habeas Corpus.
Section 14. All prisoners shall be bailable by sufficient sureties, unless
for capital offenses when the proof is evident or presumption great:
and the privilege of the writ of habeas corpus shall not be
suspended, unless when in case of rebellion or invasion the public
safety may require it.
No commission of oyer and terminer to issue.
Section 15. No commission of oyer and terminer or jail delivery shall
be issued.
Amendment of May 16, 1967
Imprisonment of insolvent debtors limited.
Section 16. The person of a debtor, where there is not strong presumption
of fraud, shall not be continued in prison after delivering up his
estate for the benefit of his creditors in such manner as shall be
prescribed by law.
Laws ex post facto or implied contracts, irrevocable
grants, &c., forbidden.
Section 17. Noex post facto law, nor any law impairing the obligation
of contracts, or making irrevocable any grant of special privileges or
immunities, shall be passed.
No legislative attainder of treason or felony.
Section 18. No person shall be attained of treason or felony by the Legislature.
Attainder shall not work corruption of blood or forfeiture
beyond life. No forfeiture for suicide or in case of death by casualty.
Section 19. No attainder shall work corruption of blood, nor, except
during the life of the offender, forfeiture of estate to the Commonwealth.
The estate of such persons as shall destroy their own lives shall descend
or vest as in cases of natural death, and if any person shall be killed
by casualty there shall be no forfeiture by reason thereof.
Amendment of May 16, 1967
Right of meeting and petition.
Section 20. The citizens have a right in a peaceable manner to assemble
together for their common good, and to apply to those invested with
the powers of government for redress of grievances or other proper
purposes, by petition, address or remonstrance.
Right to bear arms.
Section 21. The right of the citizens to bear arms in defence of themselves
and the State shall not be questioned.
Subordination of the military to the civil power.
Section 22. No standing army shall, in time of peace, be kept up without
the consent of the Legislature, and the military shall in all cases
and at all times be in strict subordination to the civil power.
Quartering of troops in houses.
Section 23. No soldier shall in time of peace be quartered in any house
without the consent of the owner, nor in time of war but in a manner
to be prescribed by law.
No title of nobility to be created, etc. or office tenure
beyond good behavior.
Section 24. The Legislature shall not grant any title of nobility of
hereditary distinction, nor create any office the appointment to which
shall be for a longer term than during good behavior.
Emigration permitted.
Section 25. Emigration from the State shall not be prohibited.
Amendment of May 16, 1967
Everything in this Article excepted from the powers of
government.
Section 26. To guard against the transgressions of the high powers which
we have delegated, we declare that everything in this article is excepted
out of the general powers of government and shall forever remain inviolate.
Amendment of May 16, 1967
ARTICLE II
THE LEGISLATURE
The Legislative power vested.
Section 1. The legislative power of this Commonwealth shall be vested
in a General Assembly, which shall consist of a Senate and a House
of Representatives.
Biennial elections.
Section 2. Members of the General Assembly shall be chosen at the general
election every second year. Their term of service shall begin on the
first day of December next after their election. Whenever a vacancy
shall occur in either House, the presiding officer thereof shall issue
a writ of election to fill such vacancy for the remainder of the term.
Legislative terms.
Section 3. Senators shall be elected for the term of four years and Representatives
for the term of two years.
Biennial meetings. Special sessions.
Section 4. The General Assembly shall meet at twelve o'clock, noon, on
the first Tuesday of January every second year, and at other times
when convened by the Governor, but shall hold no adjourned annual session
after the year one thousand eight hundred and seventy-eight. In case
of a vacancy in the office of United States Senator from this Commonwealth,
in a recess between sessions, the Governor shall convene the two Houses,
by proclamation on notice not exceeding sixty days, to fill the same.
Amendment of November 3, 1959
Amendment of May 16, 1967
Qualifications of Senators and Representatives.
Section 5. Senators shall be at least twenty-five years of age and Representatives
twenty-one years of age. They shall have been citizens and inhabitants
of the State four years, and inhabitants of their respective districts
one year next before their election (unless absent on the public business
of the United States or of this State,) and shall reside in their respective
districts during their terms of service.
Disqualification to appointment to office. Members of Congress,
etc., ineligible for the General Assembly.
Section 6. No Senator or Representative shall, during the time for which
he shall have been elected, be appointed to any civil office under this
Commonwealth, and no member of Congress, or other person holding any
office (except of attorney-at-law or in the militia) under the United
States or this Commonwealth shall be a member of either House during
his continuance in office.
Amendment of May 16, 1967
Conviction of certain crimes to disqualify.
Section 7. No person hereafter convicted of embezzlement of public moneys,
bribery, perjury or other infamous crime, shall be eligible to the
General As#Asembly, or capable of holding any office of trust or profit
in this Commonwealth.
Compensation.
Section 8. The members of the General Assembly shall receive such salary
and mileage for regular and special sessions as shall be fixed by law,
and no other compensation whatever, whether for service upon committee
or otherwise. No member of either House shall, during the term for
which he may have been elected, receive any increase of salary, or
mileage, under any law passed during such term.
Presiding officers. Each house to judge of the qualifications
of its members.
Section 9. The Senate shall, at the beginning and close of each regular
session and at such other times as may be necessary, elect one of its
members President pro tempore, who shall perform the duties
of the Lieutenant Governor, in any case of absence or disability of that
officer, and whenever the said office of Lieutenant Governor shall be
vacant. The House of Representatives shall elect one of its members as
Speaker. Each House shall choose its other officers, and shall judge
of the election and qualifications of its members.
Quorum.
Section 10. A majority of each House shall constitute a quorum, but a
smaller number may adjourn from day to day and compel the attendance
of absent members.
Powers of each house.
Section 11. Each House shall have power to determine the rules of its
proceedings and punish its members or other persons for contempt or
disorderly behavior in its presence, to enforce obedience to its process,
to protect its members against violence or offers of bribes or private
solicitation, and, with the concurrence of two-thirds, to expel a member,
but not a second time for the same cause, and shall have all other
powers necessary for the Legislature of a free State. A member expelled
for corruption shall not thereafter be eligible to either House, and
punishment for contempt or disorderly behavior shall not bar an indictment
for the same offence.
Each house shall keep and publish a journal.
Section 12. Each House shall keep a journal of its proceedings and from
time to time publish the same, except such parts as require secrecy,
and the yeas and nays of the members on any question shall, at the
desire of any two of them, be entered on the journal.
Sessions to be open.
Section 13. The sessions of each House and of committees of the whole
shall be open, unless when the business is such as ought to be kept
secret.
Adjournments.
Section 14. Neither House shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which
the two Houses shall be sitting.
Privileges of members.
Section 15. The members of the General Assembly shall in all cases, except
treason, felony, violation of their oath of office, and breach or surety
of the peace, be privileged from arrest during their attendance at
the sessions of their respective Houses and in going to and returning
from the same; and for any speech or debate in either House they shall
not be questioned in any other place.
Senatorial districts.
Section 16. The State shall be divided into fifty senatorial districts
of compact and contiguous territory, as nearly equal in population
as may be, and each district shall be entitled to elect one Senator.
Each county containing one or more ratios of population, shall be entitled
to one Senator for each ratio, and to an additional Senator for a surplus
of population exceeding three-fifths of a ratio, but no county shall
form a separate district, unless it shall contain four-fifths of a
ratio, except where the adjoining counties are each entitled to one
or more Senators, when such county may be assigned a Senator on less
than four-fifths and exceeding one-half of the ratio; and no county
shall be divided unless entitled to two or more senators. No city or
county shall be entitled to separate representation exceeding one-sixth
of the whole number of Senators. No ward, borough or township shall
be divided in the formation of a district. The senatorial ratio shall
be ascertained by dividing the whole population of the state by the
number fifty.
Representative districts.
Section 17. The members of the House of Representatives shall be apportioned
among the several counties, on a ratio obtained by dividing the population
of the State as ascertained by the most recent United States census
by two hundred. Every county containing less than five ratios shall
have one representative for every full ratio, and an additional representative
when the surplus exceeds half a ratio; but each county shall have at
least one representative. Every county containing five ratios or more
shall have one representative for every full ratio. Every city containing
a population equal to a ratio, shall elect separately its proportion
of the representatives allotted to the county in which it is located.
Every city entitled to more than four representatives, and every county
having more than one hundred thousand inhabitants shall be divided
into districts of compact and contiguous territory, each district to
elect its proportion of representatives according to its population,
but no district shall elect more than four representatives.
Apportionments.
Section 18. The General Assembly at its first session after the adoption
of this Constitution, and immediately after each United States decennial
census, shall apportion the State into senatorial and representative
districts agreeably to the provisions of the two next preceding sections.
ARTICLE III
LEGISLATION
Passage of bills.
Section 1. No law shall be passed except by bill, and no bill shall be
so altered or amended, on its passage through either House, as to change
its original purpose.
Reference to committee. Printing.
Section 2. No bill shall be considered unless referred to a committee,
returned therefrom, and printed for the use of the members.
Amendment of May 16, 1967
To contain but one subject expressed in the act.
Section 3. No bill, except general appropriation bills, shall be passed
containing more than one subject, which shall be clearly expressed
in its title.
To be read on three days. Amendments to be printed. Yeas
and Nays.
Section 4. Every bill shall be read at length on three different days
in each House; all amendments made thereto shall be printed for the use
of the members before the final vote is taken on the bill, and no bill
shall become a law, unless on its final passage the vote be taken by
yeas and nays, the names of the persons voting for and against the same
be entered on the journal, and a majority of the members elected to each
House be recorded thereon as voting in its favor.
Amendment of May 16, 1967
Vote concurring in amendments and on reports of conference
to be yeas and nays.
Section 5. No amendment to bills by one House shall be concurred in by
the other, except by the vote of a majority of the members elected thereto,
taken by yeas and nays, and the names of those voting for and against
recorded upon the journal thereof; and reports of committees of conference
shall be adopted in either House only by the vote of a majority of the
members elected thereto, taken by yeas and nays, and the names of those
voting recorded upon the journals.
Revival of law.
Section 6. No law shall be revived, amended, or the provisions thereof
extended or conferred, by reference to its title only, but so much
thereof as is revived, amended, extended or conferred shall be re-enacted
and published at length.
Limitations on special legislation, &c.
Section 7. The General Assembly shall not pass any local or special law
Authorizing the creation, extension or impairing of liens:
Regulating the affairs of counties, cities, townships, wards, boroughs,
or school districts:
Changing the names of persons or places:
Changing the venue in civil or criminal cases:
Authorizing the laying out, opening, altering or maintaining roads, highways,
streets, or alleys:
Relating to ferries or bridges, or incorporating ferry or bridge companies,
except for the erection of bridges crossing streams which form boundaries
between this and any other State:
Vacating roads, town-plats, streets or alleys:
Relating to cemeteries, graveyards, or public grounds not of the State:
Authorizing the adoption or legitimatization of children:
Locating or changing county seats, erecting new counties or changing
county lines:
Incorporating cities, towns, or villages, or changing their charters:
For the opening and conducting of elections, or fixing or changing the
place of voting:
Granting divorces:
Erecting new townships or boroughs, changing township lines, borough
limits or school districts. Creating offices, or prescribing the powers
and duties of officers in counties, cities, boroughs, townships, election
or school districts:
Changing the law of descent or succession:
Regulating the practice or jurisdiction of, or changing the rules of
evidence in, any judicial proceeding or inquiry before courts, aldermen,
justices of the peace, sheriffs, commissioners, arbitrators, auditors,
masters in chancery or other tribunals, or providing or changing methods
for the collection of debts, or the enforcing of judgments, or prescribing
the effect of judicial sales of real estate:
Regulating the fees, or extending the powers and duties of aldermen,
justices of the peace, magistrates or constables:
Regulating the management of public schools, the building or repairing
of school houses, and the raising of money for such purposes:
Fixing the rate of interest:
Affecting the estates of minors or persons under disability, except after
due notice to all parties in interest, to be recited in the special enactment:
Remitted fines, penalties and forfeitures, or refunding moneys legally
paid into the treasury:
Exempting property from taxation:
Regulating labor, trade, mining or manufacturing:
Creating corporations, or amending, renewing or extending the charters
thereof:
Granting to any corporation, association or individual any special or
exclusive privilege or immunity, or to any corporation, association or
individual the right to lay down a railroad track:
Nor shall the General Assembly indirectly enact such special or local
law by the partial repeal of a general law; but laws repealing local
or special acts may be passed:
Nor shall any law be passed granting powers or privileges in any case
where the granting of such powers and privileges shall have been provided
for by the general law, nor where the courts have jurisdiction to grant
the same or give the relief asked for. Notice of local or special bills.
Section 8. No local or special bill shall be passed unless
notice of the intention to apply therefor shall have been published in
the locality where the matter or the thing to be effected may be situated,
which notice shall be at least thirty days prior to the introduction
into the General Assembly of such bill and in the manner to be provided
by law; the evidence of such notice having been published, shall be exhibited
in the General Assembly, before such act shall be passed.
Signing of bills by presiding officers.
Section 9. The presiding officer of each House shall, in the presence
of the House over which he presides, sign all bills and joint resolutions
passed by the General Assembly after their titles have been publicly
read immediately before signing; and the fact of signing shall be entered
on the journal.
Legislative officers.
Section 10. The General Assembly shall prescribe by law the number, duties
and compensation of the officers and employees of each House, and no
payment shall be made from the State Treasury, or be in any way authorized,
to any person, except to an acting officer or employee elected or appointed
in pursuance of law.
No extra compensation to officers or contractors.
Section 11. No bill shall be passed giving any extra compensation to
any public officer, servant, employee, agent or contractor, after services
shall have been rendered or contract made, nor providing for the payment
of any claim against the Commonwealth without previous authority of
law.
Amendment of November 8, 1955
Public printing.
Section 12. All stationery, printing, paper and fuel used in the legislative
and other departments of government shall be furnished, and the printing,
binding and distributing of the laws, journals, department reports,
and all other printing and binding, and the repairing and furnishing
the halls and rooms used for the meetings of the General Assembly and
its committees, shall be performed under contract to be given to the
lowest responsible bidder below such maximum price and under such regulations
as shall be prescribed by law; no member or officer of any department
of the government shall be in any way interested in such contracts,
and all such contracts shall be subject to the approval of the Governor,
Auditor General and State Treasurer.
No extension of official terms or increase of compensation.
Section 13. No law shall extend the term of any public officer, or increase
or diminish his salary or emoluments, after his election or appointment.
Revenue bills.
Section 14. All bills for raising revenue shall originate in the House
of Representatives, but the Senate may propose amendments as in other
bills.
Appropriation bills.
Section 15. The general appropriation bill shall embrace nothing but
appropriations for the ordinary expenses of the executive, legislative
and judicial departments of the Commonwealth, interest on the public
debt and for public schools; all other appropriations shall be made
by separate bills, each embracing but one subject.
Payment of moneys from the treasury.
Section 16. No money shall be paid out of the Treasury, except upon appropriations
made by law, and on warrants drawn by the proper officer in pursuance
thereof.
Amendment of November 7, 1961
Appropriations to charitable institutions.
Section 17. No appropriation shall be made to any charitable or educational
institution not under the absolute control of the Commonwealth, other
than normal schools established by law for the professional training
of teachers for the public schools of the State, except by a vote of
two-thirds of all the members elected to each House.
Appropriations for charitable purposes, etc., limited.
Section 18. No appropriations, except for pensions or gratuities for
military services, shall be made for charitable, educational, or benevolent
purposes, to any person or community, nor to any denominational or
sectarian institution, corporation or association.
Amendment of November 7, 1933
Amendment of November 2, 1937
Amendment of November 5, 1963
Amendment of May 16, 1967
Appropriations may be made for widows and orphans of soldiers.
Section 19. The General Assembly may make appropriations of money to
institutions wherein the widows of soldiers are supported or assisted,
or the orphans of soldiers are maintained and educated; but such appropriations
shall be applied exclusively to the support of such widows and orphans.
Amendment of May 16, 1967
Power over municipal administration not to be delegated.
Section 20. The General Assembly shall not delegate to any special commission,
private corporation or association, any power to make, supervise or
interfere with any municipal improvement, money, property or effects,
whether held in trust or otherwise, or to levy taxes or perform any
municipal function whatever.
Amendment of May 16, 1967
No limitation of damages for certain injuries. Nor of time
for bringing suits.
Section 21. No act of the General Assembly shall limit the amount to
be recovered for injuries resulting in death, or for injuries to persons
or property; and, in case of death from such injuries, the right of action
shall survive, and the General Assembly shall prescribe for whose benefit
such actions shall be prosecuted. No act shall prescribe any limitations
of time within which suits may be brought against corporations for injuries
to persons or property, or for other causes different from those fixed
by general laws regulating actions against natural persons, and such
acts now existing are avoided.
Amendment of November 2, 1915
Amendment of May 16, 1967
Investment of trust funds.
Section 22. No act of the General Assembly shall authorize the investment
of trust funds by executors, administrators, guardians or other trustees,
in the bonds or stock of any private corporation, and such acts now
existing are avoided saving investments heretofore made.
Amendment of November 7, 1933
Repeal of May 16, 1967
Amendment of May 16, 1967
Changes of venue.
Section 23. The power to change the venue in civil and criminal cases
shall be vested in the courts, to be exercised in such manner as shall
be provided by law.
No obligation of corporations to the State to be released,
etc.
Section 24. No obligation or liability of any railroad or other corporation,
held or owned by the Commonwealth, shall ever be exchanged, transferred,
remitted, postponed or in any way diminished by the General Assembly,
nor shall such liability or obligation be released, except by payment
thereof into the State Treasury.
Repeal of May 16, 1967
Limitations of legislative power at special sessions.
Section 25. When the General Assembly shall be convened in special session,
there shall be no legislation upon subjects other than those designated
in the proclamation of the Governor calling such session.
Amendment of May 16, 1967
Concurrent orders, resolutions, and votes to presented
to the Governor.
Section 26. Every order, resolution or vote, to which the concurrence
of both Houses may be necessary, except on the question of adjournment,
shall be presented to the Governor and before it shall take effect be
approved by him, or being disapproved, shall be repassed by two-thirds
of both Houses according to the rules and limitations prescribed in case
of a bill.
No State inspectors of merchandise.
Section 27. No State office shall be continued or created for the inspection
of measuring of any merchandise, manufacture or commodity, but any
county or municipality may appoint such officers when authorized by
law.
Repeal of May 16, 1967
Changing location of State Capital.
Section 28. No law changing the location of the Capital of the State
shall be valid until the same shall have been submitted to the qualified
electors of the Commonwealth at a general election and ratified and
approved by them.
Amendment of May 16, 1967
Bribery by members of legislature.
Section 29. A member of the General Assembly who shall solicit, demand
or receive, or consent to receive, directly or indirectly, for himself
or for another, from any company, corporation or person, any money,
office, appointment, employment, testimonial, reward, thing of value
or enjoyment, or of personal advantage, or promise thereof, for his
vote or official influence, or for withholding the same, or with an
understanding, expressed or implied, that his vote or official action
shall be in any way influenced thereby, or who shall solicit or demand
any such money or other advantage, matter or thing aforesaid for another,
as the consideration of his vote or official influence, or for the
withholding the same, or shall give or withhold his vote or influence
in consideration of the payment or promise of such money, advantage,
matter or thing to another, shall be held guilty of bribery within
the meaning of this Constitution, and shall incur the disabilities
provided thereby for said offence, and such additional punishment as
is or shall be provided by law.
Repeal of May 16, 1967
Bribery of members of General Assembly and officers.
Section 30. Any person who shall, directly or indirectly, offer, give
or promise, any money, or thing of value, testimonial, privilege, or
personal advantage, to any executive or judicial officer, or member
of the General Assembly, to influence him in the performance of any
of his public or official duties, shall be guilty of bribery and be
punished in such manner as shall be provided by law.
Repeal of May 16, 1967
The offence of corrupt solicitation to be punished by fine
and imprisonment.
Section 31. The offence of corrupt solicitation of members of the General
Assembly or of public officers of the State or any municipal division
thereof, and any occupation or practice of solicitation of such members
or officers to influence their official action, shall be defined by law
and shall be punished by fine and imprisonment.
Repeal of May 16, 1967
Amendment of November 7, 1967
Witnesses to testify in cases of bribery and solicitation.
Punishment.
Section 32. Any person may be compelled to testify in any lawful investigation
or judicial proceeding against any person who may be charged with having
committed the offence of bribery or corrupt solicitation, or practices
of solicitation, and shall not be permitted to withhold his testimony
upon the ground that it may criminate himself or subject him to public
infamy; but such testimony shall not afterwards be used against him in
any judicial proceeding, except for perjury in giving such testimony,
and any person convicted of either of the offences aforesaid shall, as
part of the punishment therefor, be disqualified from holding any office
or position of honor, trust or profit in this Commonwealth.
Repeal of May 16, 1967
Interested member shall not vote.
Section 33. A member who has a personal or private interest in any measure
or bill proposed or pending before the General Assembly shall disclose
the fact to the House of which he is a member, and shall not vote thereon.
Amendment of May 16, 1967
Article III, Section 34. Added by Amendment
of November 6, 1923
Article III, Section 34. Amendment
of May 16, 1967
Article III, Section 35. Added by Amendment
of November 5, 1963
Article III, Section 35. Amendment
of May 16, 1967
ARTICLE IV
THE EXECUTIVE
Executive officers.
Section 1. The Executive Department of this Commonwealth shall consist
of a Governor, Lieutenant Governor, Secretary of the Commonwealth,
Attorney General, Auditor General, State Treasurer, Secretary of Internal
Affairs and Superintendent of Public Instruction.
Article IV, Section 1. Amendment of May
16, 1967
Governor. His election. Returns of election. Contested
elections.
Section 2. The supreme executive power shall be vested in the Governor,
who shall take care that the laws be faithfully executed; he shall be
chosen on the day of the general election, by the qualified electors
of the Commonwealth, at the places where they shall vote for Representatives.
The returns of every election for Governor shall be sealed up and transmitted
to the seat of government, directed to the President of the Senate, who
shall open and publish them in the presence of the members of both Houses
of the General Assembly. The person having the highest number of votes
shall be Governor, but if two or more be equal and highest in votes,
one of them shall be chosen Governor by the joint vote of the members
of both Houses. Contested elections shall be determined by a committee,
to be selected from both Houses of the General Assembly, and formed and
regulated in such manner as shall be directed by law.
Term of the Governor.
Section 3. The Governor shall hold his office during four years from
the third Tuesday of January next ensuing his election, and shall not
be eligible to the office for the next succeeding term.
Article IV, Section 3. Amendment of May
16, 1967
The Lieutenant Governor.
Section 4. A Lieutenant Governor shall be chosen at the same time, in
the same manner, for the same term, and subject to the same provisions
as the Governor; he shall be President of the Senate, but shall have
no vote unless they be equally divided.
Article IV, Section 4. Amendment of May
16, 1967
Qualifications of Governor and Lieutenant Governor.
Section 5. No person shall be eligible to the office of Governor or Lieutenant
Governor except a citizen of the United States, who shall have attained
the age of thirty years, and have been seven years next preceding his
election an inhabitant of the State, unless he shall have been absent
on the public business of the United States or of this State.
Article IV, Secton 5 Amendment of May 16,
1967
Congressmen, &c., disqualified.
Section 6. No member of Congress or person holding any office any office
under the United States or this State shall exercise the office of
Governor or Lieutenant Governor.
Article IV, Section 6. Amendment of May
16, 1967
Governor to command militia.
Section 7. The Governor shall be commander-in-chief of the army and navy
of the Commonwealth, and of the militia, except when they shall be
called into actual service of the United States.
Article IV, Section 7. Amendment of May
16, 1967
Power of Governor to appoint with consent of Senate. To
fill vacancies. Senate to act on nominations with open doors. Votes to
be recorded.
Section 8. He shall nominate and, by and with the advice and consent
of two-thirds of all the members of the Senate, appoint a Secretary of
the Commonwealth and an Attorney General during pleasure, a Superintendent
of Public Instruction for four years, and such other officers of the
Commonwealth as he is or may be authorized by the Constitution or by
law to appoint; he shall have power to fill all vacancies that may happen,
in offices to which he may appoint, during the recess of the Senate,
by granting commissions which shall expire at the end of their next session:
he shall have power to fill any vacancy that may happen, during the recess
of the Senate, in the office of Auditor General, State Treasurer, Secretary
of Internal Affairs or Superintendent of Public Instruction, in a judicial
office, or in any other elective office which he is or may be authorized
to fill; if the vacancy shall happen during session of the Senate, the
Governor shall nominate to the Senate, before their final adjournment,
a proper person to fill said vacancy; but in any such case of vacancy,
in an elective office, a person shall be chosen to said office at the
next general election, unless the vacancy shall happen within three calendar
months immediately preceding such election, in which case the election
for said office shall be held at the second succeeding general election.
In acting on Executive nominations the Senate shall sit with open doors,
and, in confirming or rejecting the nominations of the Governor, the
vote shall be taken by yeas and nays, and shall be entered on the journal.
Article IV, Section 8. Amendment of November
2, 1909
Article IV, Section 8. Amendment of
May 16, 1967
Pardoning power.
Section 9. He shall have power to remit fines and forfeitures, to grant
reprieves, commutation of sentence and pardons, except in cases of
impeachment; but no pardon shall be granted, nor sentence comuted,
except upon the recommendation in writing of the Lieutenant Governor,
Secretary of the Commonwealth, Attorney General and Secretary of Internal
Affairs, or any three of them, after full hearing, upon due public
notice and in open session, and such recommendation , with the reasons
therefor at length, shall be recorded and filed in the office of the
Secretary of the Commonwealth.
Article IV, Section 9. Amendment of May
16, 1967
Governor may require information from Executive officers.
Section 10. He may require information in writing from the officers of
the Executive Department, upon any subject relating to the duties of
their respective offices.
Article IV, Section 10. Amendment of May
16, 1967
Shall give information and recommend measures to General
Assembly.
Section 11. He shall, from time to time, give to the General Assembly
information of the state of the Commonwealth, and recommend to their
consideration such measures as he may judge expedient.
May convene General Assembly and adjourn the two Houses
when they disagree.
Section 12. He may, on extraordinary occasions, convene the General Assembly,
and in case of disagreement between the two Houses, with respect to the
time of adjournment, adjourn them to such time as he shall think proper,
not exceeding four months. He shall have power to convene the Senate
in extraordinary session by proclamation for the transaction of Executive
business.
Lieutenant Governor to act as Governor.
Section 13. In the case of the death, conviction on impeachment, failure
to qualify, resignation, or other disability of the Governor, the powers,
duties and emoluments of the office, for the remainder of the term,
or until the disability be removed, shall devolve upon the Lieutenant
Governor.
Article IV, Section 13. Amendment of May
16, 1967
President pro temp of the Senate.
Section 14. In case of a vacancy in the office of Lieutenant Governor,
or when the Lieutenant Governor shall be impeached by the House of
Representatives, or shall be unable to exercise the duties of his office,
the powers, duties, and emoluments thereof for the remainder of the
term, or until the disability be removed, shall devolve upon the President pro
tempore of the Senate; and the President pro tempore of
the Senate shall in like manner become Governor if a vacancy or disability
shall occur in the office of Governor; his seat as Senator shall become
vacant whenever he shall become Governor, and shall be filled by election
as any other vacancy in the Senate.
Article IV, Section 14. Amendment of May
16, 1967
Approval of bills. Vetoes. Retained bills to become law.
Exception.
Section 15. Every bill which shall have passed both Houses shall be presented
to the Governor; if he approve, he shall sign it, but if he shall not
approve he shall return it with his objections to the House in which
it shall have originated, which House shall enter the objections at large
upon their journal, and proceed to re-consider it. If, after such re-consideration,
two-thirds of all the members elected to that House shall agree to pass
the bill, it shall be sent with the objections to the other House by
which likewise it shall be re-considered, and if approved by two-thirds
of all the members elected to that House it shall be a law; but in such
cases the votes of both Houses shall be determined by yeas and nays,
and the names of the members voting for and against the bill shall be
entered on the journals of each House, respectively. If any bill shall
not be returned by the Governor within ten days after it shall have been
presented to him, the same shall be a law in like manner as if he had
signed it, unless the General Assembly, by their adjournment, prevent
its return, in which case it shall be a law, unless he shall file the
same, with his objections, in the office of the Secretary of the Commonwealth,
and give notice thereof by public proclamation within thirty days after
such adjournment.
A partial veto allowed on appropriation bills.
Section 16. The Governor shall have power to disapprove of any item or
items of any bill, making appropriations of money, embracing distinct
items, and the part or parts of the bill approved shall be the law,
and the item or items of appropriation disapproved shall be void, unless
re-passed according to the rules and limitations prescribed for the
passage of other bills over the Executive veto.
Chief Justice to preside on trial of contested election
of Governor or Lieutenant Governor.
Section 17. The Chief Justice of the Supreme Court shall preside upon
the trial of any contested election of Governor or Lieutenant Governor
and shall decide questions regarding the admissibility of evidence, and
shall, upon request of the committee, pronounce his opinion upon other
questions of law involved in the trial. The Governor and Lieutenant Governor
shall exercise the duties of their respective offices until their successors
shall be duly qualified.
Secretary of Commonwealth.
Section 18. The Secretary of the Commonwealth shall keep a record of
all official acts and proceedings of the Governor, and when required
lay the same, with all papers, minutes and vouchers relating thereto,
before either branch of the General Assembly, and perform such other
duties as may be enjoined upon by law.
Repealed on May 16, 1967
Article IV, Section 18. Amendment
of May 16, 1967
Secretary of Internal Affairs.
Section 19. The Secretary of Internal Affairs shall exercise all of the
powers and perform all the duties of the Surveyor General, subject
to such changes as shall be made by law. His department shall embrace
a bureau of industrial statistics, and he shall discharge such duties
relating to corporations, to the charitable institutions, the agricultural,
manufacturing, mining, mineral, timber and other material or business
interests of the State as may be prescribed by law. He shall annually,
and at such other times as may be required by law, make report to the
General Assembly.
Repealed on May 16, 1967
Superintendent of Public Instruction.
Section 20. The Superintendent of Public Instruction shall exercise all
the powers and perform all the duties of the Superintendent of the
Common Schools, subject to such changes as shall be made by law.
Repealed on May 16, 1967
Terms of heads of departments.
Section 21. The term of the Secretary of Internal Affairs shall be four
years; of the Auditor General three years; and of the State Treasurer
two years. These officers shall be chosen by the qualified electors
of the State at general elections. No person elected to the office
of Auditor General or State Treasurer shall be capable of holding the
same office for two consecutive terms.
Amendment of November 9, 1909
Amendment of November 7, 1961
Seal of state. Commissions to be signed and sealed.
Section 22. The present Great Seal of Pennsylvania shall be the seal
of the State. All commissions shall be in the name and by authority
of the Commonwealth of Pennsylvania, and be sealed with the State seal
and signed by the Governor.
Article IV, Section 22. Amendment of May
16, 1967
Article IV, Schedule. Added by Amendment
of May 16, 1967
ARTICLE V
THE JUDICIARY
The courts.
Section 1. The judicial power of this Commonwealth shall be vested in
a Supreme Court, in courts of common pleas, courts of oyer and terminal
and general jail delivery, courts of quarter sessions of the peace,
orphans' court, magistrates' court, and in such other courts as the
General Assembly may from time to time establish.
The Supreme Court. Tenure of judges. Chief Justice.
Section 2. The Supreme Court shall consist of seven judges, who shall
be elected by the qualified electors of the State at large. They shall
hold their offices for the term of twenty-one years, if they so long
behave themselves well, but shall not be again eligible. The judge
whose commission shall first expire shall be chief justice, and thereafter
each judge whose commission shall first expire shall in turn be chief
justice.
Jurisdiction of Supreme Court.
Section 3. The jurisdiction of the Supreme Court shall extend over the
State, and the judges thereof shall, by virtue of their offices, be
justices of oyer and terminer and general jail delivery in the several
counties; they shall have original jurisdiction in cases of injunction
where a corporation is a party defendant, of habeas corpus, of mandamus to
courts of inferior jurisdiction, and of quo warranto as to
all officers of the Commonwealth whose jurisdiction extends over the
State, but shall not exercise any other original jurisdiction; they
shall have appellate jurisdiction by appeal, certiorari or
writ of error in all cases, as is now or may hereafter be provided
by law.
Courts of common pleas. Districts not to contain more than
four counties.
Section 4. Until otherwise directed by law, courts of common pleas shall
continue as at present established, except as herein changed; not more
than four counties shall, at any time, be included in one judicial district
organized for said courts.
Judicial districts. Office of associate judge abolished.
Section 5. Whenever a county shall contain forty thousand inhabitants
it shall constitute a separate judicial district, and shall elect one
judge learned in the law; and the General Assembly shall provide for
additional judges, as the business of the said districts may require.
Counties containing a population less than is sufficient to constitute
separate districts shall be formed into convenient single districts,
or, if necessary, may be attached to contiguous districts as the General
Assembly may provide. The office of associate judge, not learned in
the law, is abolished in counties forming separate districts; but the
several associate judges in office when this Constitution shall be
adopted shall serve for their unexpired terms.
Common pleas courts in Philadelphia and Allegheny. Increase
of judges in common pleas courts.
Section 6. In the counties of Philadelphia and Allegheny all the jurisdiction
and powers now vested in the district courts and courts of common pleas,
subject to such changes as may be made by this Constitution or by law
shall be in Philadelphia vested in four, and in Allegheny in two, distinct
and separate courts, of equal and co-ordinate jurisdiction composed of
three judges each; the said courts in Philadelphia shall be designated
respectively as the courts of common pleas number one, number two, number
three, and number four, and in Allegheny as the court of common pleas
number one and number two, but the number of said courts may be by law
increased from time to time, and shall be in like manner designated by
successive numbers; the number of judges in any of said courts, or in
any county where the establishment of an additional court may be authorized
by law, may be increased from time to time, and whenever such increase
shall amount in the whole to three, such three judges shall compose a
distinct and separate court as aforesaid, which shall be numbered as
aforesaid. In Philadelphia all suits shall be instituted in the said
courts of common pleas without designating the number of said court,
and the several courts shall distribute and apportion the business among
them in such manner as shall be provided by rules of court, and each
court, to which any suit shall be thus assigned, shall have exclusive
jurisdiction thereof, subject to change of venue, as shall be provided
by law. In Allegheny each court shall have exclusive jurisdiction of
all proceedings at law and in equity, commenced therein, subject to change
of venue as may be provided by law.
Article V, Section 6. Amendment of November
7, 1911
Prothonotary in Philadelphia. Separate dockets for courts;
but one judgment and lien docket.
Section 7. For Philadelphia, there shall be one prothonotary's office,
and one prothonotary for all said courts to be appointed by the judges
of said courts, and to hold office for three years, subject to removal
by a majority of the said judges; the said prothonotary shall appoint
such assistants as may be necessary and authorized by said courts; and
he and his assistants shall receive fixed salaries to be determined by
law and paid by said county; all fees collected in said office, except
such as may by law due to the Commonwealth, shall be paid by the prothonotary
into the county treasury. Each court shall have its separate dockets,
except the judgment docket which shall contain the judgments and liens
of all the said courts, as is or may be directed by law.
Criminal courts in Philadelphia and Allegheny.
Section 8. The said courts in the counties of Philadelphia and Allegheny,
respectively, shall from time to time, in turn, detail one or more
of their judges to hold the courts of oyer and terminer and the courts
of quarter sessions of the peace of said counties, in such manner as
may be directed by law.
Jurisdiction of common pleas judges.
Section 9. Judges of the court of common pleas learned in the law shall
be judges of the courts of oyer and terminer, quarter sessions of the
peace and general jail delivery, and of the orphans' court, and within
their respective districts shall be justices of the peace as to criminal
matters.
May issue writs of certiorari to inferior courts.
Section 10. The judges of the courts of common pleas, within their respective
counties, shall have power to issue writs of certiorari justices of
the peace and other inferior courts, not of record, and to cause their
proceedings to be brought before them, and right and justice to be
done.
Justices of the peace and aldermen.
Section 11. Except as otherwise provided in this Constitution, justices
of the peace or aldermen shall be elected in the several wards, districts,
boroughs and townships, at the time of the election of constables,
by the qualified electors thereof, in such manner as shall be directed
by law, and shall be commissioned by the Governor for a term of five
years. No township, ward, district, or borough shall elect more than
two justices of the peace or aldermen without the consent of a majority
of the qualified electors within such township, ward, or borough; no
person shall be elected to such office unless he shall have resided
within the township, borough, ward or district for one year next preceding
his election. In cities containing over fifty thousand inhabitants,
not more than one alderman shall be elected in each ward or district.
Article V, Section 11. Amendment of November
2, 1909
Magistrates in Philadelphia.
Section 12. In Philadelphia there shall be established, for each thirty
thousand inhabitants, one court not of record, of police and civil
causes, with jurisdiction not exceeding one hundred dollars; such courts
shall be held by magistrates on whose term of office shall be five
years, and they shall be elected on general ticket by the qualified
voters at large, and in election of the said magistrates, no voter
shall vote for more than two-thirds of the number of persons to be
elected when more than one are to be chosen; they shall be compensated
only by fixed salaries, to be paid by said county; and shall exercise
such jurisdiction, civil and criminal, except as herein provided, as
is now exercised by aldermen, subject to such changes, not involving
an increase of civil jurisdiction or conferring political duties, as
may be made by law. In Philadelphia the office of alderman is abolished.
Article V, Section 12. Amendment of November
2, 1909
Section 13. All fees, fines, and penalties in said courts
shall be paid into the county treasury.
Appeals from summary conviction.
Section 14. In all cases of summary conviction in this Commonwealth,
or of judgment in suit for a penalty, before a magistrate or court
not of record, either party may appeal to such court of record as may
be prescribed by law, upon allowance of the appellate court or judge
thereof upon cause shown.
Election and term of judges. Removal.
Section 15. All judges required to be learned in the law, except the
judges of the Supreme Court, shall be elected by qualified electors
of the respective districts over which they are to preside, and shall
hold their office for the period of ten years, if they shall
so long behave themselves well; but for any reasonable cause, which
shall not be sufficient ground for impeachment, the Governor may remove
any of them on the address of two-thirds of each house of the General
Assembly.
Election of judges of Supreme Court by limited vote.
Section 16. Whenever two judges of the Supreme Court are to be chosen
for the same term of service each voter shall vote for one only, and
when they are to be chosen he shall vote for no more than two; candidates
highest in vote shall be declared elected.
Priority of commissions of judges.
Section 17. Should any two or more judges of the Supreme Court, or any
two or more judges of the court of common pleas for the same district,
be elected at the same time, they shall as soon after the election
as convenient, cast lots for priority of commission and certify the
result to the Governor, who shall issue their commissions in accordance
therewith.
Compensation of judges. Disqualification.
Section 18. The judges of the supreme court and of the several courts
of common pleas, and all other judges required to be learned in the
law, shall at stated times receive for their services an adequate compensation
which shall be fixed by law, and paid by the state. They shall receive
no other compensation, fees, or perquisites of office, for their services
from any source, nor hold any other office of profit under the United
States, this state, or any other state.
Residence of judges.
Section 19. The judges of the Supreme Court during their continuance
in office, shall reside within the districts for which they shall be,
respectively, elected.
Chancery powers of courts of common pleas.
Section 20. The several courts of common pleas, besides the powers herein
conferred, shall have and exercise within their respective districts,
subject to such changes as may be made by law, such chancery powers
as are now vested by law in the several courts of common pleas of this
commonwealth, or as may hereafter be conferred upon them by law.
No extra judicial duties for judges.
Section 21. No duties shall be imposed by law upon the Supreme Court
or any of the judges thereof, except such as are judicial; nor shall
any of the judges exercise any power of appointment except as herein
provided. The court of nisi prius is hereby abolished, and no court
of original jurisdiction, to be presided over by any one or more of
the judges of the supreme court shall be established.
Separate orphans' courts. Register of wills to be clerk
thereof. Accounts therein to be audited by courts.
Section 22. In every county wherein the population shall exceed one hundred
and fifty thousand the General Assembly shall, and in any other county
may, establish a separate orphans' court to consist of one or more judges,
who shall be learned in the law, which court shall exercise all the jurisdiction
and powers now vested in, or which may hereafter by conferred upon, the
orphans' courts, and thereupon the jurisdiction of the judges of the
court of common pleas within such county in orphans' court proceedings
shall cease and determine. In any county in which a separate orphans'
court shall be established, the register of wills shall be clerk of such
court, and subject to its directions in all matters pertaining to his
office; he may appoint assistant clerks, but only with consent and approval
of said court. All accounts filed with him as register or as clerk of
the said separate orphans' court shall be audited by the court without
expense to parties, except where all parties in interest in a pending
proceeding shall nominate an auditor, whom the court may in its discretion
appoint. In every county orphans' courts shall possess all the powers
and jurisdiction of a registers' court, and separate registers' courts
are hereby abolished.
Style of process and indictment.
Section 23. The style of all process shall be, "The Commonwealth
of Pennsylvania." All prosecutions shall be carried on in the name
and by the authority of the Commonwealth of Pennsylvania, and conclude, "against
the peace and dignity of the same."
Review in Supreme Court in criminal cases.
Section 24. In all cases of felonious homicide, and in such other criminal
cases as may be provided by law, the accused, after conviction and
sentence, may remove the indictment, record, and all proceedings to
the Supreme Court for review.
Vacancies in courtsñhow filled.
Section 25. Any vacancy happening by death, resignation, or otherwise,
in any court of record, shall be filled by appointment by the Governor,
to continue till the first Monday of January next succeeding the first
general election, which shall occur three or more months after the
happening of such a vacancy.
Uniform laws for the courts, &c. Special courts prohibited.
Section 26. All laws relating to courts shall be general and of uniform
operation, and the organization, jurisdiction, and powers of all courts
of the same class or grade, so far as regulated by law, and the force
and effect of the process and judgments of such courts shall be uniform;
and the General Assembly is hereby prohibited from creating other courts
to exercise the powers vested by this constitution in the judges of
the courts of common pleas and orphans' courts.
Parties may submit issues of fact to the court. Appeals.
Section 27. The parties by agreement filed may, in any civil case, dispense
with trial by jury, and submit the decision of such case to the court
having jurisdiction thereof, and such court shall hear and determine
the same; and the judgment thereon shall be subject to a writ of error,
as in other cases.
ARTICLE VI
IMPEACHMENT AND REMOVAL FROM OFFICE
Impeachment.
Section 1. The House of Representatives shall have the sole power of
impeachment.
How tried.
Section 2. All impeachments shall be tried by the Senate, when sitting
for that purpose the senators shall be upon oath or affirmation; no
person shall be convicted without concurrence of two-thirds of the
members present.
What officers impeached. Judgment.
Section 3. The Governor and all other civil officers shall be liable
to impeachment for any misdemeanor in office, but judgment in such
cases shall not extend further than to removal from office and disqualification
to hold any office of trust or profit under this Commonwealth; the
person accused, whether convicted or acquitted, shall nevertheless
be liable to indictment, trial, judgment and punishment according to
law.
Condition of official tenure. Removal.
Section 4. All officers shall hold their offices on the condition that
they behave themselves while in office, and shall be removed on conviction
of misbehavior in office or of any infamous crime. Appointed civil
officers, other than judges of the courts of record and the Superintendent
of Public Instruction, may be removed at the pleasure of the power
by which they shall have been appointed. All officers elected by the
people, except Governor, Lieutenant Governor, members of the General
Assembly, and judges of the courts of record learned in the law, shall
be removed by the Governor for reasonable cause, after due notice and
full hearing, on the address of two-thirds of the Senate.
ARTICLE VII
OATH OF OFFICE
General oath of office.
Section 1. Senators, Representatives and all judicial, State and county
officers shall, before entering on the duties of their respective offices,
take and subscribe the following oath or affirmation: "I do solemnly
swear (or affirm) that I will support, obey and defend the Constitution
of the United States, and the Constitution of this Commonwealth, and
that I will discharge the duties of my office with fidelity; that I
have not paid or contributed, or promised to pay or contribute, either
directly or indirectly, any money or other valuable thing, to procure
my nomination or election, (or appointment,) except for necessary and
proper expenses expressly authorized by law; that I have not knowingly
violated any election law of this Commonwealth, or procured it to be
done by others on my behalf; that I will not knowingly receive, directly
or indirectly, any money or other valuable thing for the performance
or non-performance of any act or duty pertaining to my office, other
than the compensation allowed by law."
The foregoing oath shall be administered by some person
authorized to administer oaths, and in the same case of State officers
and judges of the Supreme Court, shall be filed in the office of the
Secretary of the Commonwealth, and in the case of other judicial and
county officers, in the office of the prothonotary of the county in which
the same is taken; any person refusing to take said oath or affirmation
shall forfeit his office; and any person who shall be convicted of having
sworn or affirmed falsely, or of having violated said oath or affirmation,
shall be guilty of perjury, and be forever disqualified from holding
any office of trust or profit within this Commonwealth. The oath to the
members of the Senate and House of Representatives shall be administered
by one of the judges of the Supreme Court or of a court of common pleas
learned in the law, in the hall of the House to which the members shall
be elected.
ARTICLE VIII
SUFFRAGE AND ELECTIONS
Qualifications of voters.
Section 1. Every male citizen twenty-one years of age, possessing the
following qualifications, shall be entitled to vote at all elections:
First--He shall have been a citizen of the United States at least one
month.
Second--He shall have resided in the State one year (or if, having previously
been a qualified elector or native born citizen of the State, he shall
have removed therefrom and returned, then six months) immediately preceding
the election.
Third--He shall have resided in the election district where he shall
offer to vote at least two months immediately preceding the election.
Fourth--If twenty-two years of age or upwards, he shall have paid within
two years a State or county tax, which shall have been assessed at least
two months and paid at least one month before the election.
Amendment of November 5, 1901
Amendment of November 7, 1933
Amendment of November 3, 1959
Amendment of May 16, 1967
General elections.
Section 2. The general election shall be held annually on the Tuesday
next following the first Monday of November, but the General Assembly
may be law fix a different day, two-thirds of all the members of each
House consenting thereto.
Amendment of November 2, 1909
Amendment of May 16, 1967
Municipal elections.
Section 3. All elections for city, ward, borough and township officers,
for regular terms of service, shall be held on the third Tuesday of
February.
Amendment of November 2, 1909
Amendment of November 4, 1913
Amendment of May 16, 1967
Elections to be by ballot and ballots numbered. Endorsements
thereon authorized.
Section 4. All elections by the citizens shall be by ballot. Every ballot
voted shall be numbered in the order in which it shall be received, and
the number recorded by the election officers on the list of voters, opposite
the name of the elector who presents the ballot. Any elector may write
his name upon his ticket or cause the same to be written thereon and
attested by a citizen of the district. The election officers shall be
sworn or affirmed not to disclose how any elector shall have voted unless
required to do so as witensses in a judicial proceeding.
Amendment of November 5, 1901
Electors privileged from arrest.
Section 5. Electors shall in all cases except treason, felony and breach
or surety of the peace, be privileged from arrest during their attendance
on elections and in going to and returning therefrom.
Soldier voting.
Section 6. Whenever any of the qualified electors of this Commonwealth
shall be in actual military service, under a requisition from the President
of the United States or by the authority of this Commonwealth, such
electors may exercise the right of suffrage in all elections by the
citizens, under such regulations as are or shall be prescribed by law,
as fully as if they were present at their usual place of election.
Repealed. May 16, 1967
Election laws to be uniform, but unregistered electors
may vote.
Section 7. All laws regulating the holding of elections by the citizens
or for the registration of electors shall be uniform throughout the State,
but no elector shall be deprived of the privilege of voting by reason
of his name not being registered.
Amendment of November 5, 1901
Amendment of November 6, 1928
Amendment of May 16, 1967
Corruption to disqualify voters. Challenge.
Section 8. Any person who shall give, or promise or offer to give, to
an elector, any money, reward or other valuable consideration for his
vote at an election, or for withholding the same, or who shall give
or promise to give such consideration to any other person or party
for such elector's vote for the withholding thereof, and any elector
who shall receive or agree to receive, for himself or for another,
any money, reward or other valuable consideration for his vote at an
election, or for withholding the same, shall thereby forfeit the right
to vote at such election, and any elector whose right to vote shall
be challenged for such cause before the election officers, shall be
required to swear or affirm that the matter of the challenge is untrue
before his vote shall be received.
Amendment of May 16, 1967
Candidate guilty of bribery, &c., disqualified from
office. Wilful violation of election laws to disqualify for voting.
Section 9. Any person who shall, while a candidate for office, be guilty
of bribery, fraud, or wilful violation of any election law, shall be
forever disqualified from holding an office of trust or profit in this
Commonwealth; and any person convicted of wilful violation of the election
laws shall, in addition to any penalty provided by law, be deprived of
the right of suffrage absolutely for a term of four years.
Repealed on May 16, 1967
Witnesses not to withhold testimony in election cases.
Section 10. In trials of contested elections and in proceedings for the
investigation of elections, no person shall be permitted to withhold
his testimony upon the ground that it may criminate himself or subject
him to public infamy; but such testimony shall not afterwards be used
against him in any judicial proceedings except for perjury in giving
such testimony.
Amendment of May 16, 1967
Election districts.
Section 11. Townships, and wards of cities or boroughs, shall form or
be divided into election districts of compact and contiguous territory,
in such manner as the court of quarter sessions of the city or county
in which the same are located may direct; but districts in cities of
over one hundred thousand inhabitants shall be divided by the courts
of quarter sessions, having jurisdiction therein, whenever at the next
preceding election more than two hundred and fifty votes shall have
been polled therein; and other election districts whenever the court
of the proper county shall be of opinion that the convenience of the
electors and the public interests will be promoted thereby.
Amendment of November 6, 1928
Representatives to vote viva voce.
Section 12. All elections by persons in a representative capacity shall
be viva voce.
Residence of voters not gained or lost in certain cases.
Section 13. For the purposes of voting no person shall be deemed to have
gained a residence by reason of his presence, or lost it by reason
of his absence, while employed in the service, either civil or military,
of this State or of the United States, nor while engaged in the navigation
of the waters of the State or the United States, or on the high seas,
nor while a student of any institution of learning, nor while kept
in any poor house or other asylum at public expense nor while confined
in public prison.
Election boards. Clerks. Vacancies. Privileges of election
officers.
Section 14. District election boards shall consist of a judge and two
inspectors, who shall be chosen annually by the citizens. Each elector
shall have the right to vote for the judge and one inspector, and each
inspector shall appoint one clerk. The first election board for any new
district shall be selected, and vacancies in election boards filled,
as shall be provided by law. Election officers shall be privileged from
arrest upon days of election, and while engaged in making up and transmitting
returns, except upon warrant of a court of record or judge thereof, for
an election fraud, for felony, or for wanton breach of the peace. In
cities they may claim exemption from jury duty during their terms of
service.
Government officers and employees disqualified to serve
as election officers. Ineligibility of election officers.
Section 15. No person shall be qualified to serve as an election officer
who shall hold, or shall within two months have held any office, appointment
or employment in or under the government of the United States or of this
State, or of any city, or county, or of any other municipal board, commission
or trust in any city, save only justices of the peace and aldermen, notaries
public and persons in the militia service of the State; nor shall any
election officer be eligible to any civil office to be filled at an election
at which he shall serve, save only to such subordinate municipal or local
offices, below the grade of city or county offices, as shall be designated
by general law.
Courts of common pleas may appoint overseers of elections.
Overseers may decide questions of difference.
Section 16. The courts of common pleas of the several counties of the
Commonwealth shall have power within their respective jurisdictions,
to appoint overseers of election to supervise the proceedings of election
officers and to make report to the court as may be required; such appointments
to be made for any district in a city or county upon petition of five
citizens, lawful voters of such election district, setting forth that
such appointment is a reasonable precaution to secure the purity and
fairness of elections; overseers shall be two in number for an election
district, shall be residents therein, and shall be persons qualified
to serve upon election boards, and in each case members of different
political parties; whenever the members of an election shall differ in
opinion the overseers, if they agree thereon, shall decide the question
of difference; in appointing overseers of election all the law judges
of the proper court, able to act at the time, shall concur in the appointment
made.
Trial of contested elections.
Section 17. The trial and determination of contested elections of electors
of President and Vice-President, members of the General Assembly, and
of all public officers, whether State, judicial, municipal or local,
shall be by the courts of law, or by one or more of the law judges
thereof; the General Assembly shall, by general law, designate the
courts and judges by whom the several classes of election contests
shall be tried, and regulate the manner of trial and all matters incident
thereto; but no such law assigning jurisdiction, or regulating its
exercise, shall apply to any contest arising out of an election held
before its passage.
ARTICLE IX
TAXATION AND FINANCE
Taxes to be uniform. Exemptions.
Section 1. All taxes shall be uniform, upon the same class of subjects,
within the territorial limits of the authority levying the tax, and
shall be levied and collected under general laws.
Limitations of power to exempt.
Section 2. All laws exempting property from taxation, other than the
property above enumerated, shall be void.
Power to tax corporations not to be surrendered.
Section 3. The power to tax corporations and corporate property shall
not be surrendered or suspended by any contract or grant to which the
State shall be a party.
Power to make debts.
Section 4. No debt shall be created by or on behalf of the State, except
to supply casual deficiencies of revenue, repel invasions, suppress
insurrection, defend the State in war, or to pay existing debt; and
the debt created to supply deficiencies in revenue shall never exceed,
in the aggregate at any one time, one million of dollars.
Moneys borrowed to be used for purpose specified.
Section 5. All laws, authorizing the borrowing of money by and on behalf
of the State, shall specify the purpose for which the money is to be
used, and the money so borrowed shall be used for the purpose specified
and no other.
State credit not to be loaned, &c.
Section 6. The credit of the Commonwealth shall not be pledged or loaned
to any individual, company, corporation or association, nor shall the
Commonwealth become a joint owner or stockholder in any company, association
or corporation.
Municipalities not to become stockholders, &c.
Section 7. The General Assembly shall not authorize any county, city,
borough, township or incorporated idstirct to become a stockholder
in any company, association or corporation, or to obtain or appropriate
money for, or to loan its credit to, any corporation, association,
institution or individual.
Municipal debts limited.
Section 8. The debt of any municipality, city, borough, township, school
district or other municipality or incorporated district, except as
herein provided, shall never exceed seven per centum upon the assessed
value of the taxable property therein, nor shall any such municipality
or district incur any new debt, or increase its indebtedness to an
amount exceeding two per centum upon such assessed valuation of property,
without the assent of the electors thereof at a public election, in
such manner as shall be provided by law; but any city, the debt of
which now exceeds seven per centum of such assessed valuation, may
be authorized by law to increase the same three per centum, in the
aggregate at any one time, upon such valuation.
No assumption of municipal debts by State.
Section 9. The Commonwealth shall not assume the debt, or any part thereof,
of any city, county, borough or township, unless such debt shall have
been contracted to enable the State to repel invasion, suppress domestic
insurrection, defend in time of war, or to assist the State in the
discharge of any portion of its present indebtedness.
Re-payment of municipal debts by the State.
Section 10. Any county, township, school district or other municipality
incurring any indebtedness shall, at or before the time of so doing,
provide for the collection of an annual tax sufficient to pay the interest
and also the principle thereof within thirty years.
Sinking fund.
Section 11. To provide for the payment of the present State debt, and
any additional debt contracted as aforesaid, the General Assembly shall
continue and maintain the sinking fund, sufficient to pay the accruing
interest on such debt, and annually to reduce the principal thereof
by a sum of not less than two hundred and fifty thousand dollars; the
said sinking fund shall consist of the proceeds of the sale of the
public works or any part thereof, and of the income or proceeds of
the sale of any stocks owned by the Commonwealth, together with other
funds and resources that may be delegated by law, and shall be increased
from time to time by assigning to it any part of the taxes or other
revenues of the State not required for the ordinary and current expenses
of government and unless in case of war, invasion or insurrection,
no part of the said sinking fund shall be used or applied otherwise
than in the extinguishment of the public debt.
Section 12. The moneys of the State, over and above the
necessary reserve, shall be used in the payment of the debt of the State
either directly or through the sinking fund, and the moneys of the sinking
fund shall never be invested in or loaned upon the security of anything,
except the bonds of the United States or of this State.
Reserve to the treasury.
Section 13. The moneys held as necessary reserve shall be limited by
law to the amount required for current expenses, and shall be secured
and kept as may be provided by law. Monthly statements shall be published
showing the amount of such moneys, where the same are deposited, and
how secured.
Reserve not to be converted to private use.
Section 14. The making of profit out of the public moneys or making the
same for any purpose not authorized by law by any officer of the State,
or member or officer of the General Assembly, shall be a misdemeanor
and shall be punished as may be provided by law, but part of such punishment
shall be disqualification to hold office for a period of not less than
five years.
Article IX, Section 15. Added by Amendment November 4, 1913.
Article IX, Section 16. Added by Amendment of November 7, 1933.
Article IX, Section 16. Added by Amendment of November 7, 1933.
Article IX, Section 17. Added by Amendment of November 7, 1933.
Article IX, Section 18. Added by Amendment of November 6, 1945.
Article IX, Section 19. Added by Amendment of November 7, 1933.
Article IX, Section 21. Added by Amendment of November 6, 1945.
Article IX, Section 22. Added by Amendment of November 8, 1949.
Article IX, Section 23. Added by Amendment of November 5, 1957.
Article IX, Section 24. Added by Amendment of November 5, 1963.
ARTICLE X
EDUCATION
Public schools to be maintained. Amount appropriated.
Section 1. The General Assembly shall provide for the maintenance and
support of a thorough and efficient system of public schools, wherein
all the children of this Commonwealth above the age of six years may
be educated, and shall appropriate at least one million dollars each
year for that purpose.
No appropriation to sectarian schools.
Section 2. No money raised for the support of the public schools of the
Commonwealth shall be appropriated to or used for the support of any
sectarian school.
Women eligible to school offices.
Section 3. Women twenty-one years of age and upwards, shall be eligible
to any office of control or management under the school laws of this
State.
ARTICLE XI
MILITIA
Organization of militia. Exemption authorized.
Section 1. The freemen of this Commonwealth shall be armed, organized
and disciplined for its defence when and in such manner as may be directed
by law. The General Assembly shall provide for maintaining the militia
by appropriations from the Treasury of the Commonwealth, and may exempt
from military service persons having conscientious scruples against
bearing arms.
Article XI. Amendment of May
16, 1967. (See Article III, Section 16)
ARTICLE XII
PUBLIC OFFICERS
Selection of public officers.
Section 1. All officers, whose selection is not provided for in this
Constitution, shall be elected or appointed as may be directed by law.
Amendment of November 2, 1909
Federal officers disqualified for state offices.
Section 2. No member of Congress from the State, nor any person holding
or exercising any office or appointment of trust or profit under the
United States, shall at the same time hold or exercise any office in
this State to which a salary, fees or perquisites shall be attached.
The General Assembly may by law declare what offices are incompatible.
Dueling disqualification for office.
Section 3. Any person who shall fight a duel or send a challenge for
that purpose, or be an aider or abettor in fighting a duel, shall be
deprived of the right of holding any office of honor or profit in this
State, and may be otherwise punished as shall be prescribed by law.
ARTICLE XIII
NEW COUNTIES
Limitation of power to create counties.
Section 1. No new county shall be established which shall reduce any
county to less than four hundred square miles, or to less than twenty
thousand inhabitants; nor shall any county be formed of less area,
or containing a less population; nor shall any line thereof pass within
ten miles of the new county seat of any county proposed to be divided.
ARTICLE XIV
COUNTY OFFICERS
County officers.
Section 1. County officers shall consist of sheriffs, coroners, prothonotaries,
register of wills, recorders of deeds, commissioners, treasurers, surveyors,
auditors or controllers, clerks of the courts, district attorneys and
such others as may be from time to time be established by law; and
no sheriff or treasurer shall be eligible for the term next succeeding
the one for which he may be elected.
Amendment of November 6, 1945
Election and tenure. Vacancies.
Section 2. County officers shall be elected at the general elections
and shall hold their offices for the term of three years, beginning
on the first Monday of January next after their election, and until
their successors shall be duly qualified; all vacancies not otherwise
provided for, shall be filled in such manner as may be provided by
law.
Amendment of November 2, 1909
Residence of county officers.
Section 3. No person shall be appointed to any office within any county
who shall not have been a citizen and an inhabitant therein one year
next before his appointment, if the county shall have been so long
erected, but if it shall not have been so long erected, then within
the limits of the county or counties out of which it shall have been
taken.
Offices to be kept to county town.
Section 4. Prothonotaries, clerks of the courts, recorders of deeds,
register of wills, county surveyors and sheriffs, shall keep their
offices in the county town of the county in which they respectively
shall be officers.
Compensation.
Section 5. The compensation of county officers shall be regulated by
law, and all county officers who are or who may be salaried shall pay
all fees which they may be authorized to receive, into the treasury
of the county or State, as may be directed by law. In counties containing
over one hundred and fifty thousand inhabitants all county officers
shall be paid by salary, and the salary of any such officer and his
clerks, heretofore paid by fees, shall not exceed the aggregate amount
of fees earned during his term and collected by and for him.
Accountability of municipal officers.
Section 6. The General Assembly shall provide by law for the strict accountability
of all county, township and borough officers, as well for the fees
which may be collected by them, as for all public or municipal moneys
which may be paid to them.
County commissioners and auditors to be chosen by limited
vote. Vacancies--how filled.
Section 7. Three county commissioners and three county auditors shall
be elected in each county where such officers are chosen, in the year
one thousand eight hundred and seventy-five and every third year thereafter;
and in the election of said officers each qualified elector shall vote
for no more than two persons, and the three persons having the highest
number of votes shall be elected; any casual vacancy in the office of
county commissioner or county auditor shall be filled by the court of
common pleas of the county in which such vacancy shall occur, by the
appointment of an elector of the proper county who shall have voted for
the commissioner or auditor whose place is to be filled.
Amendment of November 2, 1909
Amendment of November 6, 1951
ARTICLE XV
CITIES AND CITY CHARTERS
General laws to establish cities.
Section 1. Cities may be chartered whenever a majority of the electors
of any town or borough having a population of at least ten thousand
shall vote at any general election in favor of the same.
Amendment of November 7, 1922
Municipal commissions not to incur debts except on appropriations.
Section 2. No debt shall be contracted or liability incurred by any municipal
commission, except in pursuance of an appropriation previously made
therefor by the municipal government.
Sinking funds in cities.
Section 3. Every city shall create a sinking fund, which shall be inviolably
pledged for the payment of its funded debt.
Section 4. Added. Amendment of November
6, 1928
Section 5. Added. Amendment of November
7, 1933
ARTICLE XVI
PRIVATE CORPORATIONS
Unused charters to be void.
Section 1. All existing charters, or grants of special or exclusive privileges,
under which a bona fide organization shall not have taken place and
business been commenced in good faith, at the time of the adoption
of this Constitution, shall thereafter have no validity.
No charter to be validated or amended except on condition.
Section 2. The General Assembly shall not remit the forfeiture of the
charter of any corporation now existing, or alter or amend the same,
or pass any other general or special law for the benefit of such corporation,
except upon the condition that such corporation shall thereafter hold
its charter subject to the provisions of this Constitution.
Right of eminent domain not be abridged or police power
to be limited.
Section 3. The exercise of the right of eminent domain shall never be
abridged or so construed as to prevent the General Assembly from taking
the property and franchises of incorporated companies, and subjecting
them to public use, the same as the property of individuals; and the
exercise of the police power of the State shall never be abridged or
so construed as to permit corporations to conduct their business in such
manner as to infringe the equal rights of individuals or the general
well-being of the State.
Cumulative voting in stockholder elections.
Section 4. In all elections for directors or managers of a corporation
each member or shareholder may cast the whole number of his votes for
one candidate, or distribute them upon two or more candidates, as he
may prefer.Foreign corporations to have places of business in State.
Section 5. No foreign corporation shall do any business
in this State without having one or more known places of business and
an authorized agent or agents in the same upon whom process may be served.
Corporations not to engage in business unauthorized by
their charters.
Section 6. No corporation shall engage in any business other than that
expressly authorized in its charter, nor shall it take or hold any real
estate except such as may be necessary and proper for its legitimate
business.
The fictitious increase of stocks or bonds forbidden.
Section 7. No corporations shall issue stocks or bonds except for money,
labor done, or money or property actually received; and all fictitious
increase of stock or indebtedness shall be void. The stock and indebtedness
of corporations shall not be increased except in pursuance of general
law, nor without the consent of the persons holding the larger amount
in value of the stock, first obtained at a meeting to be held after
sixty days notice given in pursuance of law.
Amendment of November 6, 1956
The taking and injury of private property to be compensated.
Appeals from assessment of damages.
Section 8. Municipal and other corporations and individuals invested
with the privilege of taking private property for public use shall make
just compensation for property taken, injured or destroyed by the construction
or enlargement of their works, highways or improvements, which compensation
shall be paid or secured before such taking, injury or destruction. The
General Assembly is hereby prohibited from depriving any person of an
appeal from any preliminary assessment of damages against any such corporations
or individuals made by viewers or otherwise; and the amount of such damages
in all cases of appeal shall on demand of either party be determined
by a jury according to the course of the common law.
Bank notes or bills to be secure.
Section 9. Every banking law shall provide for the registry and countersigning,
by an officer of the State, of all notes or bills designed for circulation,
and that ample security to the full amount thereof shall be deposited
with the Auditor General for the redemption of such notes or bills.
Repeal of charter authorized. No law to create, &c.,
more than one charter.
Section 10. The General Assembly shall have the power to alter, revoke
or annul any charter of incorporation now existing and revocable at the
adoption of this Constitution, or any that may hereafter be created,
whenever in their opinion it may be injurious to the citizens of this
Commonwealth, in such manner, however, that no injustice shall be done
to the corporators. No law hereafter enacted shall create, renew or extend
the charter of more than one corporation.
Notice of bills to create banks. Bank charters limited
to twenty years.
Section 11. No corporate body to possess banking and discounting privileges
shall be created or organized in pursuance of any law without three months'
previous public notice, at the place of the intended location, of the
intention to apply for such privileges, in such manner as shall be prescribed
by law, nor shall a charter for such privilege be granted for a longer
period than twenty years.
Amendment of November 2, 1920
Section 12. Any association or corporation organized for
the purpose, or any individual, shall have the right to construct and
maintain lines of telegraph within this State, and to connect the same
with other lines, and the General Assembly shall, by general law of uniform
operation, provide reasonable regulations to give full effect to this
section. No telegraph company shall consolidate with, or hold a controlling
interest in the stock or bonds of, any other telegraph company owning
a competing line, or acquire, by purchase or otherwise, any other competing
line of telegraph.
The word "corporation" defined.
Section 13. The term "corporations," as used in this article,
shall be construed to include all joint stock companies or associations
having any of the powers or privileges of corporations not possessed
by individuals or partnerships.
ARTICLE XVII
RAILROADS AND CANALS
Railroads and canals, public highways. May be constructed.
Shall have connections and use of connecting roads.
Section 1. All railroads and canals shall be public highways, and all
railroad and canal companies shall be common carriers. Any association
or corporation organized for the purpose shall have the right to construct
and operate a railroad between any points within this State, and to connect
at the State line with railroads of other States. Every railroad company
shall have the right with its road to intersect, connect with or cross
any other railroad; and shall receive and transport each other's passengers,
tonnage and cars loaded or empty, without delay or discrimination.
Railroad and canal companies to keep offices in the State.
Section 2. Every railroad and canal corporation organized in this State
shall maintain an office therein where transfers of its stock shall
be made, and where its books shall be kept for inspection by any stockholder
or creditor of such corpo-ration, in which shall be recorded the amount
of capital stock subscribed or paid in, and by whom, the names of the
owners of its stock and the amounts owned by them, respectively, the
transfers of aid stock, and the names and places of residence of its
officers.
Discrimination in charges for freight and passengers prohibited.
Section 3. All individuals, associations and corporations shall have
equal right to have persons and property transported over railroads
and canals, and no undue or unreasonable discrimination shall be made
in charges for, or in facilities for, transportation of freight or
passengers within the State or coming from or going to any other State.
Persons and property transported over any railroad shall be delivered
at any station at charges not exceeding the charges for transportation
of persons and property of the same class in the same direction to
any more distant station; but excursion and commutation tickets may
be issued at special rates.
Amendment of November 7, 1933
Consolidation with competing companies prohibited. Officers
of companies not to be officers of competing companies.
Section 4. No railroad, canal or other corporation, or the lessees, purchasers
or managers of any railroad or canal corporation, shall consolidate the
stock, property or franchises of such corporation with, or lease, or
purchase the works or franchises of, or in any way control any other
railroad or canal corporation owning or having under its control a parallel
or competing line; nor shall any officer of such railroad or canal corporation
act as an officer of any other railroad or canal corporation owning or
having the control of a parallel or competing line; and the question
whether railroads or canals are parallel or competing lines shall, when
demanded by the party complainant, be decided by a jury as in other civil
issues.
Common carrier corporations not to engage in mining, manufacturing, &c.
Exception.
Section 5. No incorporated company doing the business of a common carrier
shall, directly or indirectly, prosecute or engage in mining or manufacturing
articles for transportation over its works; nor shall such company, directly
or indirectly, engage in any other business than that of common carriers,
or hold or acquire lands, freehold or leasehold, directly or indirectly,
except such as shall be necessary for carrying on its business; but any
mining or manufacturing company may carry the products of its mines and
manufactories on its railroad or canal not exceeding fifty miles in length.
Officers, &c., of companies not to engage in transportation
business.
Section 6. No president, director, officer, agent or employee of any
railroad or canal company shall be interested, directly or indirectly,
in the furnishing of material or supplies to such company, or in the
business of transportation as a common carrier of freight or passengers
over the works owned, leased, controlled or worked by such company.
No discrimination in charges to transporters.
Section 7. No discrimination in charges or facilities for transportation
shall be made between transportation companies and individuals, or
in favor of either, by abatement, drawback or otherwise, and no railroad
or canal company, or any lessee, manager or employee thereof, shall
make any preferences in furnishing cars or motive power.
Free passes on railroads prohibited.
Section 8. No railroad, railway or other transportation company shall
grant free passes, or passes at a discount, to any person except officers
or employees of the company.
Amendment of November 6, 1923
Passenger railroads not be constructed without consent
of municipal authorities.
Section 9. No street passenger railway shall be constructed within the
limits of any city, borough or township, without the consent of its local
authorities.
Acceptance of this article by corporations.
Section 10. No railroad, canal or other transportation company, in existence
at the time of the adoption of this article, shall have the benefit
of any future legislation by general or special laws, except on condition
of complete acceptance of all the provisions of this article.
Duties of Auditor General as to companies transferred to
Secretary of Internal Affairs.
Section 11. The existing powers and duties of the Auditor General in
regard to railroads, canals and other transportation companies, except
as to their accounts, are hereby transferred to the Secretary of Internal
Affairs, who shall have a general supervision over them, subject to such
regulations and alterations as shall be provided by law; and, in addition
to the annual reports now required to be made, said Secretary may require
special reports at any time upon any subject relating to the business
of said companies from any officer or officers thereof.Section 12. The
General Assembly shall enforce by appropriate legislation the provisions
of this article.
ARTICLE XVIII
FUTURE AMENDMENTS
Amendments may be proposed by Legislature. Amendment not
to be submitted oftener than once in five years.
Section 1. Any amendment or amendments to this Constitution may be proposed
in the Senate or House of Representatives; and, if the same shall be
agreed to by a majority of the members elected to each House, such proposed
amendment or amendments shall be entered on their journals with the yeas
and nays taken thereon, and the Secretary of the Commonwealth shall cause
the same to be published, three months before the next general election,
in at least two newspapers in every county in which such newspapers shall
be published; and if, in the General Assembly next afterwards chosen,
such proposed amendment or amendments shall be agreed to by a majority
of the members elected to each House, the Secretary of the Commonwealth
shall cause the same again to be published in the manner aforesaid; and
such proposed amendment or amendments shall be submitted to the qualified
electors of the State in such manner, and at such time at least three
months after being so agreed to by the two Houses, as the General Assembly
shall prescribe; and, if such amendment or amendments shall be approved
by a majority of those voting thereon, such amendment or amendments shall
become a part of the Constitution; but no amendment or amendments shall
be submitted oftener than once in five years. When two or more amendments
shall be submitted they shall be voted upon separately.
SCHEDULES TO CONSTITUTION OF PENNSYLVANIA
Schedule of 1909
SCHEDULE NO. 1
(ADOPTED WITH THE CONSTITUTION)
That no inconvenience may arise from the changes in the
Constitution of the Commonwealth, and in order to carry the same into
complete operation, it is hereby declared, that:
Section 1. This Constitution shall take effect on the first
day of January, in the year one thousand eight hundred and seventy-four,
for all purposes not otherwise provided for therein.
Section 2. All laws in force in this Commonwealth at the
time of the adoption of this Constitution not inconsistent therewith,
and all rights, actions, prosecutions and contracts shall continue as
if this Constitution had not been adopted.
[Election of Senators]
Section 3. At the General election in the years one thousand eight hundred
and seventy-four and one thousand eight hundred and seventy-five, Senators
shall be elected in all districts where there shall be vacancies. Those
elected in the year one thousand eight hundred and seventy-four shall
serve for two years, and those elected in the year one thousand eight
hundred and seventy-five shall serve for one year. Senators now elected
and those whose terms are unexpired shall represent the districts in
which they reside until the end of the terms for which they were elected.
Election of Senators (continued)
Section 4. At the general election in the year one thousand eight hundred
and seventy-six, Senators shall be elected from even- numbered districts
to serve for two years, and from odd-numbered districts to serve for
four years.
Election of Governor
Section 5. The first election of Governor under this Constitution shall
be at the general election in the year one thousand eight hundred and
seventy-five, when a Governor shall be elected for three years; and
the term of the Governor elected in the year one thousand eight hundred
and seventy-eight and of those thereafter elected shall be for four
years, according to the provisions of this Constitution.
Election of Lieutenant Governor
Section 6. At the general election in the year one thousand eight hundred
and seventy-four, a Lieutenant Governor shall be elected according
to the provisions of this Constitution.
Secretary of Internal Affairs
Section 7. The Secretary of Internal Affairs shall be elected at the
first general election after the adoption of this Constitution; and,
when the said officer shall be duly elected and qualified, the office
of Surveyor General shall be abolished. The Surveyor General in office
at the time of the adoption of this Constitution shall continue in
office until the expiration of the term for which he was elected.
Superintendent of Public Instruction
Section 8. When the Superintendent of Public Instruction shall be duly
qualified the office of Superintendent of Common Schools shall cease.
Eligibility of Present Officers
Section 9. Nothing contained in this Constitution shall be construed
to render any person now holding any State office for a first official
term ineligible for re-election at the end of such term.
Judges of Supreme Court
Section 10. The judges of the Supreme Court in office when this Constitution
shall take effect shall continue until their commissions severally
expire. Two judges in addition to the number now composing the said
court shall be elected at the first general election after the adoption
of this Constitution.
Courts of Record
Section 11. All courts of record and all existing courts which are not
specified in this Constitution shall continue in existence until the
first day of December, in the year one thousand eight hundred and seventy-five,
without abridgement of their present jurisdiction, but no longer. The
court of the first criminal jurisdiction for the counties of Schuylkill,
Lebanon and Dauphin is hereby abolished, and all causes and proceedings
pending therein in the county of Schuylkill shall be tried and disposed
of in the courts of oyer and terminer and quarter sessions of the peace
of said county.
Register's Courts Abolished
Section 12. The register's courts now in existence shall be abolished
on the first day of January next succeeding the adoption of this Constitution.
Judicial Districts
Section 13. The General Assembly shall, at the next session after the
adoption of this Constitution, designate the several judicial districts
as required by this Constitution. The judges in commission when such
designation shall be made shall continue during their unexpired terms
judges of the new districts in which they reside; but, when there shall
be two judges residing in the same district, the president judge shall
elect to which district he shall be assigned, and the additional law
judge shall be assigned to the other district.
Decennial Adjustment of Judicial Districts
Section 14. The General Assembly shall, at the next succeeding session
after each decennial census and not oftener, designate the several
judicial districts as required by this Constitution.
Judges in Commission
Section 15. Judges learned in the law of any court of record holding
commissions in force at the adoption of this Constitution shall hold
their respective offices until the expiration of the terms for which
they were commissioned, and until their successors shall be duly qualified.
The Governor shall commission the president judge of the court of first
criminal jurisdiction for the counties of Schuylkill, Lebanon and Dauphin
as a judge of the court of common pleas of Schuylkill county, for the
unexpired term of his office.
President Judges; Casting Lots; Associate Judges
Section 16. After the expiration of the term of any president judge of
any court of common pleas, in commission at the adoption of this Constitution,
the judge of such court learned in the law and oldest in commission
shall be the president judge thereof; and when two or more judges are
elected at the same time in any judicial district they shall decide
by lot which shall be president judge; but when the president judge
of a court shall be re-elected he shall continue to be president judge
of that court. Associate judges not learned in the law, elected after
the adoption of this Constitution, shall be commissioned to hold their
offices for the term of five years from the first day of January next
after their election.
Compensation of Judges
Section 17. The General Assembly, at the first session after the adoption
of this Constitution, shall fix and determine the compensation of the
judges of the Supreme Court and of the judges of the several judicial
districts of the Commonwealth; and the provisions of the fifteenth
section of the article on Legislation shall not be deemed inconsistent
herewith. Nothing contained in this Constitution shall be held to reduce
the compensation now paid to any law judge of this Commonwealth now
in commission.
Courts of Philadelphia and Allegheny Counties; Organization
in Philadelphia
Section 18. The courts of common pleas in the counties of Philadelphia
and Allegheny shall be composed of the present judges of the district
court and court of common pleas of said counties until their offices
shall severally end, and of such other judges as may from time to time
be selected. For the purpose of first organization in Philadelphia the
judges of the court number one shall be Judges Allison, Pierce and Paxson;
of the court number two, Judges Hare, Mitchell and one other judge to
be elected; of the court number three, Judges Ludlow, Finletter and Lynd;
and of the court number four, Judges Thayer, Briggs and one other judge
to be elected. The judge first named shall be the president judge of
said courts respectively, and thereafter the president judge shall be
the judge oldest in commission; but any president judge, re-elected in
the same court or district, shall continue to be president judge thereof.
The additional judges for courts numbers two and four shall be voted
for and elected at the first general election after the adoption of this
Constitution, in the same manner as the two additional judges of the
Supreme Court, and they shall decide by lot to which court they shall
belong. Their term of office shall commence on the first Monday of January,
in the year one thousand eight hundred and seventy-five.
Organization of Courts in Allegheny County
Section 19. In the county of Allegheny, for the purpose of first organization
under this Constitution, the judge of the court of common pleas, at
the time of the adoption of this Constitution, shall be the judges
of the court number one, and the judges of the district court, at the
same date, shall be the judges of the common pleas number two. The
president judges of the common pleas and district court shall be president
judge of said courts number one and two, respectively, until their
offices shall end; and thereafter the judge oldest in commission shall
be president judge; but any president judge re-elected in the same
court, or district, shall continue to be president judge thereof.
When Re-Organization of Courts to Take Effect
Section 20. The organization of the courts of common pleas under this
Constitution for the counties of Philadelphia and Allegheny shall take
effect on the first Monday of January, one thousand eight hundred and
seventy-five, and existing courts in said counties shall continue with
their present power and jurisdiction until that date, but no new suits
shall be instituted in the courts of nisi prius after the adoption
of this Constitution.
Causes Pending in Philadelphia; Transfer of Records
Section 21. The causes and proceeding pending in the court of nisi prius,
court of common pleas, and district court in Philadelphia shall be
tried and disposed of in the court of common pleas. The records and
dockets of said courts shall be transferred to the prothonotary's office
of said county.
Causes Pending in Allegheny County
Section 22. The causes and proceedings pending in the court of common
pleas in the county of Allegheny shall be tried and disposed of in
the court number one; and the causes and proceedings pending in the
district court shall be tried and disposed of in the court number two.
Prothonotary of Philadelphia County
Section 23. The prothonotary of the court of common pleas of Philadelphia
shall be first appointed by the judges of said court on the first Monday
of December, in the year one thousand eight hundred and seventy-five,
and the present prothonotary of the district court in said county shall
be the prothonotary of the said court of common pleas until said date
when his commission shall expire, and the present clerk of the court
of oyer and terminer and quarter sessions of the peace in Philadelphia
shall be the clerk of such court until the expiration of his present
commission on the first Monday of December, in the year one thousand
eight hundred and seventy-five.
Aldermen
Section 24. In cities containing over fifty thousand inhabitants, except
Philadelphia, all aldermen in office at the time of adoption of this
Constitution shall continue in office until the expiration of their
commissions, and at the election for city and ward officers in the
year one thousand eight hundred and seventy-five one alderman shall
be elected in each ward as provided in this Constitution.
Magistrates in Philadelphia
Section 25. In Philadelphia magistrates in lieu of alderman shall be
chosen, as required in this Constitution, at the election in said city
for city ward officers in the year one thousand eight hundred and seventy-five;
their term of office shall commence on the first Monday of April succeeding
their election. The terms of office of aldermen in said city holding
or entitled to commissions at the time of the adoption of this Constitution
shall not be affected thereby.
Term of Present Officers
Section 26. All persons in office in this Commonwealth at the time of
the adoption of this Constitution, and at the first election under
it, shall hold their respective offices until the term for which they
have been elected or appointed shall expire, and until their successors
shall be duly qualified, unless otherwise provided in this Constitution.
Oath of Office
Section 27. The seventh article of this Constitution prescribing an oath
of office shall take effect on and after the first day of January,
one thousand eight hundred and seventy-five.
County Commissioners and Auditors
Section 28. The terms of office of county commissioners and county auditors,
chosen prior to the year one thousand eight hundred and seventy-five,
which shall not have expired before the first Monday of January in
the year one thousand eight hundred and seventy-six, shall expire on
that day.
Compensation of Present Officers
Section 29. All State, county, city, ward, borough and
township officers in office at the time of the adoption of this Constitution,
whose compensation is not provided for by salaries alone, shall continue
to receive the compensation allowed them by law until the expiration
of their respective terms of office.
Renewal of Oath of Office
Section 30. All State and judicial officers heretofore elected, sworn,
affirmed, or in office when this Constitution shall take effect, shall
severally, within one month after such adoption, take and subscribe
an oath, or affirmation to support this Constitution.
Enforcing Legislation
Section 31. The General Assembly at its first session, or as soon as
may be after the adoption of this Constitution, shall pass such laws
as may be necessary to carry the same into full force and effect.
An Ordinance Declared Valid
Section 32. The ordinance passed by this Convention, entitled "An
ordinance for submitting the amended Constitution of Pennsylvania to
vote of the electors thereof," shall be held to be valid for all
the purposes thereof.
City Commissioners of Philadelphia
Section 33. The words "county commissioners," wherever used
in this Constitution and in any ordinance accompanying the same, shall
be held to include the commissioners for the city of Philadelphia.
Adopted at Philadelphia, on the third day of November, in the year of
our Lord one thousand eight hundred and seventy-three.
Filed in the office of the Secretary of the Commonwealth, November 13,
1873.
M. S. Quay
Secretary of the Commonwealth
Jno. H. Walker, President.
SCHEDULE NO. 2
(AMENDMENTS OF NOVEMBER 2, 1909)
Adoption. The provisions of Schedule No. 2 were adopted
November 2, 1909, P.L. 948, J.R.1. Partial Repeal of Schedule. See section
2 of Proposal No. 7 of 1968 in the appendix to the Constitution for provisions
relating to the partial repeal of Schedule No. 2.
Adjustments of Terms of Public Officers to Amendments of
1909
Section 1. That no inconvenience may arise from the changes in the Constitution
of the Commonwealth, and in order to carry the same into complete operation,
it is hereby declared that--
In the came of officers elected by the people, all terms
of office fixed by act of Assembly at an odd number of years shall each
be lengthened one year, but the Legislature may change the length of
the term, provided the terms for which such officers are elected shall
always be for an even number of years.
The above extension of official terms shall not affect officers elected
at the general election of one thousand nine hundred and eight; nor any
city, ward, borough, township, or election division officers, whose terms
of office, under existing law, end in the year one thousand nine hundred
and ten.
In the year one thousand nine hundred and ten the municipal election
shall be held on the third Tuesday of February as heretofore; but all
officers chosen at that election to an office the regular term of which
is two years, and also all election officers and assessors chosen at
that election, shall serve until the first Monday of December in the
year one thousand nine hundred and eleven. All officers chosen at that
election to offices the term of which is now four years, or is make four
years by the operation of these amendments or this schedule, shall serve
until the first Monday of December in the year one thousand nine hundred
and thirteen. All justices of the peace, magistrates, and aldermen, chosen
at that election, shall serve until the first Monday of December in the
year one thousand nine hundred and fifteen. After the year nineteen hundred
and ten, and until the Legislature shall otherwise provide, all terms
of city, ward, borough, township, and election division officers shall
begin on the first Monday of December in an odd-numbered year.
All city, ward, borough, and township officers holding office at the
date of the approval of these amendments, whose terms of office may end
in the year one thousand nine hundred and eleven, shall continue to hold
their offices until the first Monday of December of that year.
All judges of the courts for the several judicial districts, and also
all county officers, holding office at the date of the approval of these
amendments, whose terms of office may end in the year one thousand nine
hundred and eleven, shall continue to hold their offices until the first
Monday of January, one thousand and hundred and twelve.
Amendment of November 2, 1915
The legislature failed to designate any article or section
for this amendment.
Registering, Transferring, Insuring and Guaranteeing Land Titles.
Laws may be passed providing for a system of registering, transferring,
insuring of and guaranteeing land titles by the State, or by the counties
thereof, and for settling and determining adverse or other claims to
and interest in lands the titles to which are so registered, transferred,
insured, and guaranteed; and for the creation and collection of indemnity
funds; and for carrying the system and powers hereby provided for into
effect by such existing courts as may be designated by the Legislature,
and by the establishment of such new courts as may be deemed necessary.
In matters arising in and under the operation of such system, judicial
powers, with right of appeal, may be conferred by the Legislature upon
county recorders and upon other officers as designated. Such laws may
provide for continuing the registering, transferring, insuring, and guaranteeing
such titles after the first or original registration has been perfected
by the courts, and provision may be made for raising the necessary funds
for expenses and salaries of officers, which shall be paid out of the
treasury of the several counties.
Amendments:
ARTICLE I. SECTION 15. AMENDMENT
OF MAY 16, 1967
Special Criminal Tribunals Section 15. No commission shall
issue creating special temporary criminal tribunals to try particular
individuals or particular classes of cases. [Source: 1967 Pa. Laws. 1035]
ARTICLE I. SECTION 19. AMENDMENT
OF MAY 16,1967
Attainder Limited
Section 19. No attainder shall work corruption of blood, nor, except
during the life of the offender, forfeiture of estate to the Commonwealth.
[Source: 1967 Pa. Laws 1035]
ARTICLE I. SECTION 25. AMENDMENT
OF MAY 16, 1967
Reservation of Powers in People
Section 25. To guard against the transgressions of the high powers which
we have delegated, we declare that everything in this article is excepted
out of the general powers of government and shall forever remain inviolate.
[Source: 1967 Pa. Laws 1035]
ARTICLE I. SECTION 26. AMENDMENT
OF MAY 16, 1967
No Discrimination by Commonwealth and Its Political Subdivisions
Section 26.
Neither the Commonwealth nor any political subdivision thereof shall
deny to any person the enjoyment of any civil right, nor discriminate
against any person in the exercise of any civil right. [Source: 1967
Pa. Laws 1035]
ARTICLE II, SECTION 4. AMENDMENT
OF NOVEMBER 3, 1959 Sessions. Section 4. The General Assembly shall meet
at twelve o'clock noon on the first Tuesday of January of the year following
such adoption, and shall meet at such time annually thereafter, and at
other times when convened by the Governor. At regular sessions convening
in even-numbered years the General Assembly shall not enact any laws,
except laws raising revenue and laws making appropriations. [Source:
1959 Pa. Laws 2158]
ARTICLE II. SECTION
4. AMENDMENT OF MAY 16, 1967 Sessions Section 4. The General Assembly
shall be a continuing body during the term for which its Representatives
are elected. It shall meet at twelve o'clock noon on the first Tuesday
of January each year. Special sessions shall be called by the Governor
on petition of a majority of the members elected to each House or may
be called by the Governor whenever in his opinion the public interest
requires. [Source: 1967 Pa. Laws 1036]
ARTICLE II. SECTION
6. AMENDMENT OF MAY 16, 1967 Disqualification to Hold Other Office. Section
6. No Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under this Commonwealth to
which a salary, fee of perquisite is attached. No member of Congress
or other person holding any office (except of attorney-at law or in the
national guard or in a reserve component of the armed forces of the United
States) under the United States of this Commonwealth to which a salary,
fee or perquisite is attached shall be a member of either House during
his continuance in office. [Source: 1967 Pa. Laws 1036]
ARTICLE III. SECTION 2. AMENDMENT
OF MAY 16, 1967 Reference to Committee; Printing. Section 2. No bill
shall be considered unless referred to a committee, printed for the use
of the members and returned therefrom. [Source: 1967 Pa. Laws 1037]
ARTICLE III. SECTION 3. AMENDMENT
OF MAY 16, 1967. Form of Bills Section 3. No bill shall be passed containing
more than one subject, which shall be clearly expressed in its title,
except a general appropriation bill or a bill codifying or compiling
the law or a part thereof.[Source: 1967 Pa. Laws 1037]
ARTICLE III. SECTION 4. AMENDMENT
OF MAY 16, 1967. Consideration of Bills Section 4. Every bill shall be
considered on three different days in each House. All amendments made
thereto shall be printed for the use of the members before the final
vote is taken on the bill and before the final vote is taken, upon written
request addressed to the presiding officer of either House by at least
twenty-five percent of the members elected to that House, any bill shall
be read at length in that House. No bill shall become a law, unless on
its final passage the vote is taken by yeas and nays, the names of the
persons voting for and against it are entered on the journal, and a majority
of the members elected to each House is recorded thereon as voting in
its favor. [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 7. AMENDMENT
OF MAY 16, 1967 Renumbered as ARTICLE III, Section 32, Certain Special
and Local Laws. The General Assembly shall pass no local or special law
in any case which has been or can be provided for by general law and
specifically the General assembly shall not pass any local or special
law. 1. Regulating the affairs of counties, cities, townships, wards,
boroughs, or school districts: 2. Vacating roads, town plats, streets
or alleys: 3. Locating or changing county seats, erecting new counties
or changing county lines: 4. Erecting new townships or boroughs, changing
township lines, borough limits or school districts: 5. Remitting fines,
penalties and forfeitures, or refunding moneys legally paid into the
treasury: 6. Exempting property from taxation: 7. Regulating labor, trade,
mining or manufacturing: 8. Creating corporations, or amending, renewing
or extending the charters thereof: Nor shall the General Assembly indirectly
enact any special or local law by the partial repeal of a general law;
but laws repealing local or special acts may be passed. [Source: 1967
Pa. Laws 1037]
ARTICLE III, SECTION 8. AMENDMENT
OF MAY 16, 1967 Renumbered as ARTICLE III, Section 7. [Source: 1967 Pa.
Laws 1037]
ARTICLE III, SECTION 9. AMENDMENT
OF MAY 16, 1967 Renumbered as ARTICLE III, Section 8. [Source: 1967 Pa.
Laws 1037]
ARTICLE III, SECTION 10.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 17. [Source:
1967 Pa. Laws 1037]
ARTICLE III, SECTION
11. AMENDMENT OF NOVEMBER 8, 1955 Extra Compensation Prohibited. Section
11. No bill shall be passed giving any extra compensation to any public
officer, servant, employe, agent or contractor, after services shall
have been rendered or contract made, nor providing for the payment of
any claim against the Commonwealth, without previous authority of law.
[Source: 1955 Pa. Laws 2055]
ARTICLE III, SECTION 11.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 26. [Source:
1967 Pa. Laws 1037]
ARTICLE III, SECTION 12.
REPEALED, MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 13.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 27. [Source:
1967 Pa. Laws 1037]
ARTICLE III, SECTION 14.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 10. [Source:
1967 Pa. Laws 1037]
ARTICLE III. SECTION 15.
AMENDMENT OF MAY 16, 1967 Renumbered as Section 11. Appropriations. Appropriations.
Section 11. The general appropriation bill shall embrace nothing but
appropriations for the executive,legislative and judicial departments
of the Commonwealth, for the public debt and for public schools. All
other appropriations shall be made by separate bills, each embracing
but one subject. [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 16.
AMENDMENT OF NOVEMBER 7, 1961 Paying Out Public Moneys. Section 16. No
money shall be paid out of the treasury, except on appropriations made
by law and on warrant issued by the proper officer; but cash refunds
of taxes, licenses, fees and other charges paid or collected, but not
legally due, may be paid, as provided by law, without appropriation from
the fund into which they were paid, on warrant of the proper officer.
[Source: 1961 Pa. Laws 1783]
ARTICLE III, SECTION
16. AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 24.
[Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 17.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 30. [Source:
1967 Pa. Laws 1037]
ARTICLE III, SECTION 18.
AMENDMENT OF NOVEMBER 7, 1933 Certain Appropriations Forbidden. Section
18. No appropriations, except for pensions or gratuities for military
services and to blind persons twenty-one years of age and upwards, shall
be made for charitable, educational or benevolent purposes, to any person
or community, nor to any denominational or sectarian institution, corporation
or association. [Source: 1933 Pa. Laws 1557]
ARTICLE III, SECTION
18. AMENDMENT OF NOVEMBER 2, 1937 Certain Appropriations Forbidden. Section
18. No appropriation shall be made for charitable, educational or benevolent
purposes to any person or community nor to any denominational or sectarian
institution, corporation or association: Provided, That appropriations
may be made for pensions or gratuities for military services, and to
blind persons twenty-one years of age and upwards, and for assistance
to mothers having dependent children, and to aged persons without adequate
means of support. [Source: 1937 Pa. Laws 2875]
ARTICLE III, SECTION
18. AMENDMENT OF NOVEMBER 5, 1963 Certain Appropriations Forbidden. Section
18. No appropriation shall be made for charitable, educational or benevolent
purposes to any person or community nor to any denominational or sectarian
institution, corporation or association: Provided, That appropriations
may be made for pensions or gratuities for military service and to blind
persons twenty-one years of age and upwards, and for assistance to mothers
having dependent children and to aged persons without adequate means
of support, and in the form of scholarship grants or loans for higher
educational purposes to residents of the Commonwealth enrolled in institutions
of higher learning, except that no scholarship, grants or loans for higher
educational purposes shall be given to persons enrolled in a theological
seminary or school of theology. [Source: 1963 Pa. Laws 1401]
ARTICLE III, SECTION
18. AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 29.
[Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 19.
AMENDMENT OF MAY 16, 1967 Appropriations for Support of Widows and Orphans
of Persons Who Served in the Armed Forces Section 19. The General Assembly
may make appropriations of money to institutions wherein the widows of
persons who served in the armed forces are supported or assisted, or
the orphans of persons who served in the armed forces are maintained
and educated; but such appropriations shall be applied exclusively to
the support of such widows and orphans. [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 20.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 31. Delegation
of Certain Powers Prohibited. Section 31. The General Assembly shall
not delegate to any special commission, private corporation or association,
any power to make, supervise or interfere with any municipal improvement,
money, property or effects, whether held in trust or otherwise, or to
levy taxes or perform any municipal function whatever. [Source: 1967
Pa. Laws 1037]
ARTICLE III, SECTION 21.
AMENDMENT OF NOVEMBER 2, 1915 Employers Liability. Workmen's Compensation.
Damages for Injuries to Person or Property. Section 21. The General Assembly
may enact laws requiring the payment by employers, or employers and employes
jointly, of reasonable compensation for injuries to employes arising
in the course of their employment, and for occupational diseases of employes,
whether or not such injuries or diseases result in death, and regardless
of fault of employer or employe, and fixing the basis of ascertainment
of such compensation and the maximum and minimum limits thereof, and
providing special or general remedies for the collection thereof; but
in no other cases shall the General Assembly limit the amount to be recovered
for injuries resulting in death, or for injuries to persons or property,
and in case of death from such injuries, the right of action shall survive,
and the General Assembly shall prescribe for whose benefit such actions
shall be prosecuted. No act shall prescribe any limitations of time within
which suits may be brought against corporations for injuries to persons
or property, or for other causes, different from those fixed by general
laws regulating actions against natural persons, and such acts now existing
are avoided. [Source: 1915 Pa. Laws 1103]
ARTICLE III, SECTION 21.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 18. [Source:
1967 Pa. Laws 1037]
ARTICLE III, SECTION
22. AMENDMENT OF NOVEMBER 7, 1933 Investment of Trust Funds. Section
22. The General Assembly may, from time to time, by law, prescribe the
nature and kind of investments for trust funds to be made to executors,
administrators, trustees, guardians and other fiduciaries. [Source: 1933
Pa. Laws 1558]
ARTICLE III, SECTION
22. REPEALED, MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION
22. AMENDMENT OF MAY 16, 1967 Section 22. State Purchases. The General
Assembly shall maintain by law a system of competitive bidding under
which all purchases of materials, printing, supplies or other personal
property used by the government of this Commonwealth shall so far as
practicable be made. The law shall provide that no officer or employee
of the Commonwealth shall be in any way interested in any purchase made
by the Commonwealth under contract or otherwise. [Source: 1967 Pa. Laws
1037]
ARTICLE III, SECTION 24.
REPEALED, MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 25.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 12. [Source:
1967 Pa. Laws 1037]
ARTICLE III, SECTION 26.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 9. [Source:
1967 Pa. Laws 1037]
ARTICLE III, SECTION 27.
REPEALED, MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 28.
AMENDMENT OF MAY 16, 1967 Section 28. Change of Permanent Location of
State Capital. No law changing the permanent location of the Capital
of the State shall be valid until the same shall have been submitted
to the qualified electors of the Commonwealth at a general election and
ratified and approved by them. [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 29.
REPEALED, MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 30.
REPEALED, MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 31.
REPEALED, MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 31.
AMENDMENT OF NOVEMBER 7,1967 Delegation of Certain Powers Prohibited.
Section 31. The General Assembly shall not delegate to any special commission,
private corporation or association, any power to make, supervise or interfere
with any municipal improvement, money, property or effects, whether held
in trust or otherwise, or to levy taxes or perform any municipal function
whatever. Notwithstanding the foregoing limitation or any other provision
of the Constitution, the General Assembly may enact laws which provide
that the findings of panels or commissions, selected and acting in accordance
with law for the adjustment or settlement of grievances or disputes or
for collective bargaining between policemen and firemen and their public
employers shall be binding upon all parties and shall constitute a mandate
to the head of the political subdivision which is the employer or to
the appropriate officer of the Commonwealth if the Commonwealth is the
employer, with respect to matters which can be remedied by administrative
action, and to the lawmaking body of such political subdivision or of
the Commonwealth, with respect to matters which require legislative action,
to take the action necessary to carry out such findings. [Source: ]
ARTICLE III, SECTION 32.
REPEALED, MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 33.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III, Section 13. [Source:
1967 Pa. Laws 1037]
ARTICLE III, SECTION 34.
ADDED BY AMENDMENT OF NOVEMBER 6, 1923 Classification of Counties, Cities,
Boroughs, School Districts and Townships. Section 34. The Legislature
shall have power to classify counties, cities, boroughs, school districts
and townships according to population, and all laws passed relating to
each class, and all laws passed relating to, and regulating procedure
and proceedings in court with reference to, any class, shall be deemed
general legislation within the meaning of this Constitution; but counties
shall not be divided into more than eight classes, cities into not more
than seven classes, school districts into not more than five classes,
and boroughs into not more than three classes. [Source: 1923 Pa. Laws
1119]
ARTICLE III, SECTION
34. AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE III. Section 20.
Classification of Municipalities. Section 20. The Legislature shall have
power to classify counties, cities, boroughs, school districts, and townships
according to population, and all laws passed relating to each class,
and all laws passed relating to, and regulating procedure and proceedings
in court with reference to, any class, shall be deemed general legislation
within the meaning of this Constitution. [Source: 1967 Pa. Laws 1037]
ARTICLE III, SECTION 35.
ADDED BY AMENDMENT OF NOVEMBER 5, 1963 Emergency Government in Case of
Attack Section 35. (a) The General Assembly may provide, by law, during
any session, for the continuity of the executive, legislative and judicial
functions of the government of the Commonwealth, and its political subdivisions,
and the establishment of emergency seats thereof. Such legislation shall
become effective in the event of an attack by an enemy of the United
States. (b) No law shall be held to be invalid for the sole reason that
it was enacted prior to the effective date of this amendment. [Source:
1963 Pa. Laws 1401]
ARTICLE III, SECTION
35. AMENDMENT OF MAY 16, 1967. Renumbered as ARTICLE III, Section 25.
Section 25. Emergency Seats of Government. The General Assembly may provide,
by law, during any session, for the continuity of the executive, legislative,
and judicial functions of the government of the Commonwealth, and its
political subdivisions, and the establishment of emergency seats thereof
and any such laws heretofore enacted are validated. Such legislation
shall become effective in the event of an attack by an enemy of the United
States. [Source: 1967 Pa. Laws 1037]
ARTICLE IV, SECTION 1. AMENDMENT
OF MAY 16, 1967 Executive Department Section 1. The Executive Department
of this Commonwealth shall consist of a Governor, Lieutenant Governor,
Attorney General, Auditor General, State Treasurer, and Superintendent
of Public Instruction and such other officers as the General Assembly
may from time to time prescribe. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 3. AMENDMENT
OF MAY 16, 1967 Terms of Office of Governor; Number of Terms Section
3. The Governor shall hold his office during four years from the third
Tuesday of January new ensuing his election. Except for the Governor
who may be in office when this amendment is adopted, he shall be eligible
to succeed himself for one additional term. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 4. AMENDMENT
OF MAY 16, 1967 Lieutenant Governor Section 4. A Lieutenant Governor
shall be chosen jointly with the Governor by the casting by each voter
of a single vote applicable to both offices, for the same term, and subject
to the same provisions as the Governor; he shall be President of the
Senate. As such, he may vote in case of a tie on any question except
the final passage of a bill or joint resolution, the adoption of a conference
report or the concurrence in amendments made by the House of Representatives.
[Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 5. AMENDMENT
OF MAY 16, 1967 Qualifications of Governor, Lieutenant Governor and Attorney
General Section 5. No person shall be eligible to the office of Governor,
Lieutenant Governor or Attorney General except a citizen of the United
States, who shall have attained the age of thirty years, and have been
seven years next preceding his election an inhabitant of this Commonwealth,
unless he shall have been absent on the public business of the United
States or of this Commonwealth. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 6. AMENDMENT
OF MAY 16, 1967 Disqualification for Offices of Governor and Lieutenant
Governor. Section 6. No member of Congress or person holding any office
(except of attorney-at-law or in the National Guard or in a reserve component
of the armed forces of the United States) under the United States or
this Commonwealth shall exercise the office of Governor or Lieutenant
Governor. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 7. AMENDMENT
OF MAY 16, 1967 Military Power. Section 7. The Governor shall be commander-in-chief
of the military forces of the Commonwealth, except when they shall be
called into actual service of the United States. [Source: 1967 Pa. Laws
1044]
ARTICLE IV, SECTION 8. AMENDMENT
OF NOVEMBER 2, 1909 Appointing Power of Governor. Vacancies. Confirmation
by Senate. Section 8. He shall nominate and, by and with the consent
of two-thirds of all the members of the Senate, appoint a Secretary of
the Commonwealth and an Attorney General during pleasure, a Superintendent
of Public Instruction for four years, and such other officers of the
Commonwealth as he is or may be authorized by the Constitution or by
law to appoint; he shall have power to fill all vacancies that may happen,
in offices to which he may appoint, during the recess of the Senate,
by granting commissions which shall expire at the end of their next session;
he shall have power to fill any vacancy that may happen, during the recess
of the Senate, in the office of Auditor General, State Treasurer, Secretary
of Internal Affairs or Superintendent of Public Instruction, in a judicial
office, or in any other elective office which he is or may be authorized
to fill; if the vacancy shall happen during the session of the Senate,
the Governor shall nominate to the Senate, before their final adjournment,
a proper person to fill said vacancy; but in any such case of vacancy,
in an elective office a person shall be chosen to said office on the
next election day appropriate to such office according to the provisions
of this Constitution, unless the vacancy shall happen within two calendar
months immediately preceding such election day, in which case the election
for said office shall be held on the second succeeding election day appropriate
to such office. In acting on executive nominations the Senate shall sit
with open doors, and, in confirming or rejecting the nominations of the
Governor, the vote shall be taken by yeas and nays and shall be entered
on the journal. [Source: 1909 Pa. Laws 948]
ARTICLE IV, SECTION
8. AMENDMENT OF MAY 16, 1967 Appointing Power Section 8. (a) The Governor
shall appoint an Attorney General, a Superintendent of Public Instruction
and such other officers as may be specified by law, shall be subject
to the consent of two-thirds of the members elected to the Senate. (b)
Except as may nor or hereafter be otherwise provided in this Constitution
as to appellate and other judges, he may, during the recess of the Senate,
fill vacancies happening in offices in which he appoints by granting
commissions expiring at the end of its session and fill offices in the
office of the Auditor General or State Treasurer or in any other elective
office he is authorized to fill. If the vacancy happens during the session
of the Senate except as otherwise provided in this Constitution, he shall
nominate to the Senate, before its final adjournment, a proper person
to fill the vacancy. In the case of an elective office, a person shall
be elected to the office on the next election day appropriate to the
office unless the vacancy happens within two calendar months immediately
preceding the election day in which case the election shall be held on
the second succeeding election day appropriate to the office. (c) In
acting on executive nominations, the Senate shall sit with open doors.
The votes shall be taken by yeas and nays and shall be entered on the
journal. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 9.AMENDMENT
OF MAY 16, 1967 Pardoning Power; Board of Pardons Section 9. (a) In all
criminal cases except impeachment, the Governor shall have power to remit
fines and forfeitures, to grant reprieves, commutation of sentences and
pardons; but no pardon shall be granted, nor sentence commuted, except
on the recommendation in writing of a majority of the Board of Pardons,
after full hearing in open session, upon due public notice. The recommendation,
with the reasons therefor at length, shall be delivered to the Governor
and a copy thereof shall be kept on file in the office of the Lieutenant
Governor in a docket kept for that purpose. (b) The Board of Pardons
shall consist of the Lieutenant Governor who shall be chairman, the Attorney
General and three members appointed by the Governor with the consent
of two-thirds of the members elected to the Senate, one for two years,
one for four years, and one for six years, and thereafter for full terms
of six years. The three members appointed by the Governor shall be residents
of Pennsylvania and shall be recognized leaders in their fields; one
shall be a member of the bar, one a penologist, and the third a doctor
of medicine, psychiatrist or psychologist. The board shall keep records
of its actions, which shall at all times be open for public inspection
[Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 10.
AMENDMENT OF MAY 16, 1967 Information from Department Officials. Section
10. The Governor may require information in writing from the officers
of the Executive Department, upon any subject relating to the duties
of their respective offices.
ARTICLE IV, SECTION 13.
AMENDMENT OF MAY 16, 1967 When Lieutenant Governor to Act as Governor.
Section 13. In the case of the death, conviction on impeachment, failure
to qualify or resignation of the Governor, the Lieutenant Governor shall
become Governor for the remainder of the term and in the case of the
disability of the Governor, the powers, duties and emoluments of the
office shall devolve upon the Lieutenant Governor until the disability
is removed. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 14.
AMENDMENT OF MAY 16, 1967 Vacancy in Office of Lieutenant Governor. Section
14. In case of the death, conviction on impeachment, failure to qualify
or resignation of the Lieutenant Governor, or in case he should become
Governor under the preceding section, the President Pro Tempore of the
Senate shall become Lieutenant Governor for the remainder of the term.
In case of the disability of the Lieutenant Governor, the powers, duties
and emoluments of the office shall devolve upon the President Pro Tempore
of the Senate until the disability is removed. Should there be no Lieutenant
Governor, the President Pro Tempore of the Senate shall become Governor
if a vacancy shall occur in the office of Governor and in case of the
disability of the Governor, the powers, duties and emoluments of the
office shall devolve upon the President Pro Tempore of the Senate until
the disability is removed. His seat as Senator shall become vacant whenever
he shall become Governor and shall be filled by election as any other
vacancy in Senate. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 18.
REPEALED ON MAY 16, 1967. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION
18. AMENDMENT OF MAY 16, 1967 Terms of Office of Auditor General and
State Treasurer; Number of Terms; Eligibility of State Treasurer to become
Auditor General Section 18. The terms of the Auditor General and of the
State Treasurer shall each be four years from the third Tuesday of January
next ensuing his election. They shall be chosen by the qualified electors
of the Commonwealth at general elections but shall not be eligible to
serve continuously for more than two successive terms. The State Treasurer
shall not be eligible to the office of Auditor General until fours years
after he has been State Treasurer. [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 19.
REPEALED ON MAY 16, 1967 [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 20.
REPEALED ON MAY 16, 1967 [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 21.
AMENDMENT OF NOVEMBER 9, 1909 Term of Executive Department Officers.
Ineligibility to Re-election. Section 21. The terms of the Secretary
of Internal Affairs, the Auditor General, and the State Treasurer shall
each be four years; and they shall be chosen by the qualified electors
of the State at general elections; but a State Treasurer, elected in
the year one thousand nine hundred and nine, shall serve for three years,
and his successors shall be elected at the general election in the year
one thousand nine hundred and twelve, and in every fourth year thereafter.
No person elected to the office of Auditor General or State Treasurer
shall be capable of holding the same office for two consecutive terms.
[Source: 1909 Pa. Laws 948]
ARTICLE IV, SECTION
21. AMENDMENT OF NOVEMBER 7, 1961 Terms of Office of Secretary of Internal
Affairs, Auditor General and State Treasurer. Section 21. The terms of
the Secretary of Internal Affairs, the Auditor General, and the State
Treasurer, shall each be four years. The term of the Secretary of Internal
Affairs shall be from the third Tuesday of January next following his
election. They shall be chosen by the qualified electors of the State
at general elections. No person elected to the office of Auditor General
or State Treasurer shall be capable of holding the same office for two
consecutive terms. [Source: 1961 Pa. Laws 1784]
ARTICLE IV, SECTION
21. REPEALED ON MAY 16, 1967 [Source: 1967 Pa. Laws 1044]
ARTICLE IV, SECTION 22.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE IV, Section 19. State
Seal; Commission. Section 19. The present Great Seal of Pennsylvania
shall be the seal of the State. All commissions shall be in the name
and by authority of the Commonwealth of Pennsylvania, and be sealed with
the State seal and signed by the Governor.[Source: 1967 Pa. Laws 1044]
ARTICLE IV. SCHEDULE
OF MAY 16, 1967 That no incovenience may arise from changes in article
IV of the Constitution of the Commonwealth, it is hereby declared that
the State Treasurer and Auditor General first elected after this amended
article becomes effective shall serve terms beginning the first Tuesday
in May next following their election and expiring four years from the
first Tuesday in January next ensuing their election. [Source: 1967 Pa.
Laws 1044]
ARTICLE V, SECTION 6. AMENDMENT
OF NOVEMBER 7, 1911. Court of Common Pleas of Philadelphia and Allegheny
County. In the county of Philadelphia all the jurisdiction and powers
now vested in the district courts and courts of common pleas, subject
to such changes as may be made by this Constitution or by law, shall
be in Philadelphia vested in five distinct and separate courts of equal
and co-ordinate jurisdiction, composed of three judges each. The said
courts in Philadelphia shall be designated respectively as the court
of common pleas number one, number two, number three, number four, and
number five, but the number of said courts may be by law increased, from
time to time, and shall be in like manner designated by consecutive numbers.
The number of judges in any of said courts, or in any county where the
establishment of an additional court may be authorized by law, may be
increased, from time to time, and whenever such increase shall amount
in the whole to three, such three judges shall compose a distinct and
separate court as aforesaid, which shall be numbered as aforesaid. In
Philadelphia all suits shall be instituted in the said courts of common
pleas without designating the number of the said court, and the several
courts shall distribute and apportion the business among them in such
manner as shall be provided by rules of court, and each court, to which
any suit shall be thus assigned, shall have exclusive jurisdiction thereof,
subject to change of venue, as shall be provided by law. In the county
of Allegheny all the jurisdiction and powers now vested in the several
numbered courts of common pleas shall be vested in one court of common
pleas, composed of all the judges in commission in said courts. Such
jurisdiction and power shall extend to all proceedings at law and in
equity which shall have been instituted in the several numbered courts,
and shall be subject to such changes as may be made by law, and subject
to change of venue as provided by law. The president judge of said court
shall be selected as provided by law. The number of judges in said court
may be by law increased from time to time. This amendment shall take
effect on the first day of January succeeding its adoption. [Source:
1911 Pa. Laws 1161]
ARTICLE V, SECTION 11. AMENDMENT
OF NOVEMBER 2, 1909. Justices of the Peace. Aldermen. Term. Residence.
Section 11. Except as otherwise provided in this Constitution, justices
of the peace or aldermen shall be elected in the several wards, districts,
boroughs or townships, by the qualified electors thereof, at the municipal
election, in such manner as shall be directed by law, and shall be commissioned
by the Governor for a term of six years. No township, ward, district
or borough shall elect more than two justices of the peace or aldermen
without the consent of a majority of the qualified electors within such
township, ward or borough; no person shall be elected to such office
unless he shall have resided within the township, borough, ward or district
for one year next preceding his election. In cities containing over fifty
thousand inhabitants, not more than one alderman shall be elected in
each ward or district. [Source: 1909 Pa. Laws 948]
ARTICLE V, SECTION 12. AMENDMENT
OF NOVEMBER 2, 1909 Magistrates' Courts in Philadelphia. Election. Term.
Salaries. Jurisdiction. Section 12. In Philadelphia there shall be established,
for each thirty thousand inhabitants, one court, not of record, of police
and civil causes, with jurisdiction not exceeding one hundred dollars;
such courts shall be held by magistrates whose term of office shall be
six years, and they shall be elected on general ticket at the municipal
election, by the qualified voters at large; and in the election of the
said magistrates no voter shall vote for more than two-thirds of the
number of persons to be elected when more than one are to be chosen;
they shall be compensated only by fixed salaries to be paid by said county;
and shall exercise such jurisdiction, civil and criminal, except as herein
provided, as is now exercised by aldermen, subject to such changes, not
involving an increase of civil jurisdiction or conferring political duties,
as may be made by law. In Philadelphia the office of alderman is abolished.
[Source: 1909 Pa. Laws 948]
ARTICLE VIII, SECTION 1. AMENDMENT
OF NOVEMBER 5, 1901 Qualifications of Electors Section 1. Every male
citizen twenty-one years of age, possessing the following qualifications,
shall be entitled to vote at all elections, subject however to such laws
requiring and regulating the registration of electors as the General
Assembly may enact: 1. He shall have been a citizen of the United States
at least one month. 2. He shall have resided in the State one year (or,
having previously been a qualified elector or native born citizen of
the State, he shall have removed therefrom and returned, then six months)
immediately preceding the election. 3. He shall have resided in the election
district where he shall offer to vote at least two months immediately
preceding the election. 4. If twenty-two years of age and upwards, he
shall have paid within two years a State or county tax, which shall have
been assessed at least two months and paid at least one month before
the election. [Source: 1901 Pa. Laws 881]
ARTICLE VIII, SECTION
1. AMENDMENT OF NOVEMBER 7, 1933 Qualifications of Electors Section 1.
Every citizen twenty-one years of age, possessing the following qualifications,
shall be entitled to vote at all elections, subject, however, to such
laws requiring and regulating the registration of electors as the General
Assembly may enact. 1. He or she shall have been a citizen of the United
States at least one month. 2. He or she shall have resided in the State
one year (or, having previously been a qualified elector or native born
citizen of the State, he or she shall have removed therefrom and returned,
then six months) immediately preceding the election. 3. He or she shall
have resided in the election district where he or she shall offer to
vote at least two months immediately preceding the election. [Source:
1933 Pa. Laws 1559]
ARTICLE VIII, SECTION
1. AMENDMENT OF NOVEMBER 3, 1959 Qualifications of Electors Section 1.
Every citizen twenty-one years of age, possessing the following qualifications,
shall be entitled to vote at all elections subject, however, to such
laws requiring and regulating the registration of electors as the General
Assembly may enact. 1. He or she shall have been a citizen of the United
States at least one month. 2. He or she shall have resided in the State
one year (or, having previously been a qualified elector or native born
citizen of the State, he or she shall have removed therefrom and returned,
then six months) immediately preceding the election. 3. He or she shall
have resided in the election district where he or she shall offer to
vote at least sixty days immediately preceding the election, except that
if qualified to vote in an election district prior to removal of residence,
he or she may, if a resident of Pennsylvania, vote in the election district
from which he or she removed his or her residence within sixty days preceding
the election. [Source: 1959 Pa. Laws 2160]
ARTICLE VIII, SECTION
1. AMENDMENT OF MAY 16, 1967 Qualifications of Electors. Section 1. Every
citizen 21 years of age, possessing the following qualifications, shall
be entitled to vote at all elections subject, however, to such laws requiring
and regulating the registration of electors as the General Assembly may
enact. 1. He or she shall have been a citizen of the United States at
least one month. 2. He or she shall have resided in the State ninety
(90) days immediately preceding the election. 3. He or she shall have
resided in the election district where he or she shall offer to vote
at least sixty (60) days immediately preceding the election, except that
if qualified to vote in an election district prior to removal of residence,
he or she may, if a resident of Pennsylvania, vote in the election district
from which he or she removed his or her residence within sixty (60) days
preceding the election. [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 2. AMENDMENT
OF NOVEMBER 2, 1909 General Elections. Section 2. The general election
shall be held biennially on the Tuesday next following the first Monday
of November in each even- numbered year, but the General Assembly may
be law fix a different day, two-thirds of all the members of each House
consenting thereto: Provided, That such election shall always be held
in an even-numbered year. [Source 1909 Pa. Laws 948]
ARTICLE VIII, SECTION
2. AMENDMENT OF MAY 16, 1967 General Election Day. Section 2. The general
election shall be held biennially on the Tuesday next following the first
Monday of November in each even-numbered year, but the General Assembly
may by law fix a different day, two-thirds of all the members of each
House consenting thereto: Provided, that such election shall always be
held in an even-numbered year. [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 3. AMENDMENT
OF NOVEMBER 2, 1909 Municipal Elections. Election of Judges and County
Officers. Section 3. All judged elected by the electors of the State
at large may be elected at either a general or municipal election, as
circumstances may require. All elections for judges of the courts for
the several judicial districts, and for county, city, ward, borough,
and township officers, for regular terms of service, shall be held on
the municipal election day; namely, the Tuesday next following the first
Monday of November in each odd-numbered year, but the General Assembly
may by law fix a different day, two-thirds of all the members of each
House consenting thereto: Provided, That such elections shall always
be held in an odd-numbered year. [Source: 1909 Pa. Laws 948]
ARTICLE VIII, SECTION
3. AMENDMENT OF NOVEMBER 4, 1913 Municipal Elections. Election of Judges
and County Officers. Section 3. All judged elected by the electors of
the State at large may be elected at either a general or municipal election,
as circumstances may require. All elections for judges of the courts
for the several judicial districts, and for county, city, ward, borough,
and township officers, for regular terms of service, shall be held on
the municipal election day; namely, the Tuesday next following the first
Monday of November in each odd-numbered year, but the General Assembly
may by law fix a different day, two-thirds of all the members of each
House consenting thereto: Provided, That such elections shall be held
in an odd-numbered year: Provided further, That all judges for the courts
of the several judicial districts holding office at the present time,
whose terms of office may end in an odd-numbered year, shall continue
to hold their offices until the first Monday of January in the next succeeding
even-numbered year. [Source: 1913 Pa. Laws 1477]
ARTICLE VIII, SECTION
3. AMENDMENT OF MAY 16, 1967 Municipal Election Day; Offices to be Filled
on Election Day. Section 3. All judged elected by the electors of the
State at large may be elected at either a general or municipal election,
as circumstances may require. All elections for judges of the courts
for the several judicial districts, and for county, city, ward, borough,
and township officers, for regular terms of service, shall be held on
the municipal election day; namely, the Tuesday next following the first
Monday of November in each odd-numbered year, but the General Assembly
may by law fix a different day, two-thirds of all the members of each
House consenting thereto: Provided, That such elections shall be held
in an odd-numbered year: Provided further, That all judges for the courts
of the several judicial districts holding office at the present time,
whose terms of office may end in an odd-numbered year, shall continue
to hold their offices until the first Monday of January in the next succeeding
even-numbered year. [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 4. AMENDMENT
OF NOVEMBER 5, 1901 Method of Conducting Elections. Secrecy. Section
4. All elections by the citizens shall be by ballot or by such other
method as may be prescribed by law: Provided, That secrecy in voting
be preserved. [Source: 1901 Pa. Laws 882]
ARTICLE VIII. SECTION 6. REPEALED
ON MAY 16, 1967 [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 7. AMENDMENT
OF NOVEMBER 5, 1901 Uniformity of Election Laws. Registration of Electors.
Section 7. All laws regulating the holding of elections by the citizens
or for the registration of electors shall be uniform throughout the State,
but laws regulating and requiring the registration of electors may be
enacted to apply to cities only, provided that such laws be uniform for
cities of the same class. [Source: 1901 Pa. Laws 881]
ARTICLE VIII, SECTION
7. AMENDMENT OF NOVEMBER 6, 1928 Election and Registration Laws; Voting
Machines. Section 7. All laws regulating the holding of elections by
the citizens, or for the registration of electors, shall be uniform throughout
the State, except that laws regulating and requiring the registration
of electors may be enacted to apply to cities only, provided that such
laws be uniform for cities of the same class, and except further, that
the General Assembly shall, by general law, permit the use of voting
machines, or other mechanical devices for registering or recording and
computing the vote, at all elections or primaries, in any county, city,
borough or township of the Commonwealth, at the option of the electors
of such county, city, borough or township, without being obliged to require
the use of such voting machines or mechanical devices in any other county,
city, borough or township, under such regulations with reference thereto
as the General Assembly may from time to time prescribe. The General
Assembly may from time to time prescribe the number and duties of election
officers in any political subdivision of the Commonwealth in which voting
machines or other mechanical devices authorized by this section may be
used. [Source: 1927 Pa. Laws 1050]
ARTICLE VIII, SECTION
7. AMENDMENT OF MAY 16, 1967 Section 7 renumbered as Section 6. Election
and Registration Laws. Section 6. All laws regulating the holding of
elections by the citizens, or for the registration of electors, shall
be uniform throughout the State, except that laws regulating and requiring
the registration of electors may be enacted to apply to cities only,
provided that such laws be uniform for cities of the same class, and
except further, that the General Assembly shall by general law, permit
the use of voting machines, or other mechanical devices for registering
or recording and computing the vote, at all elections or primaries, in
any county, city, borough, incorporated town or township of the Commonwealth,
at the option of the electors of such county, city, borough, incorporated
town or township, without being obliged to require the use of such voting
machines or mechanical devices in any other county, city, borough, incorporated
town or township, under such regulations with reference thereto as the
General Assembly may from time to time prescribe. The General Assembly
may, from time to time, prescribe the number and duties of election officers
in any political subdivision of the Commonwealth in which voting machines
or other mechanical devices authorized by this section may be used. [Source:
1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 8. AMENDMENT
OF MAY 16, 1967 Renumbered to ARTICLE VIII, Section 7.[Source: 1967 Pa.
Laws 1048]
ARTICLE VIII, SECTION 9. REPEALED
ON MAY 16, 1967 [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 10.
AMENDMENT OF MAY 16, 1967 Renumbered to ARTICLE VIII, Section 8.[Source:
1967 Pa. Laws 1048]
ARTICLE VIII. SECTION 11.
AMENDMENT OF NOVEMBER 6, 1928 Fixing Election Districts. Section 11.
Townships and wards of cities or boroughs, shall form or be divided into
election district of compact and contiguous territory, in such manner
as the court of quarter sessions of the city or county in which the same
are located may direct; but the courts of quarter sessions, having jurisdiction
therein, shall have power to divide or change the the boundaries of election
districts whenever the court of the proper county shall be of opinion
that the convenience of the electors and the public interests will be
promoted thereby. [Source: 1927 Pa. Laws 1043]
ARTICLE VIII, SECTION
11. AMENDMENT OF NOVEMBER 2, 1943 Fixing Election Districts Section 11.
Townships and wards of cities and boroughs shall form or be divided into
election districts of compact and contiguous territory and their boundaries
fixed and changed in such manner as may be provided by law. [Source:
1943 Pa. Laws 917]
ARTICLE VIII, SECTION
11. AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE VIII, Section 9.
[Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 12.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE VIII, Section 10. Viva
Voce Elections. Section 10. All elections by persons in a representative
capacity shall be viva voce or by automatic recording device publicly
indicating how each person voted. [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 13.
REPEALED ON MAY 16, 1967 [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 14.
AMENDMENT OF NOVEMBER 6, 1945 District Election Officers. Section 14.
District election boards shall consist of a judge and two inspectors,
who shall be chosen at municipal elections for such terms as may be provided
by law. Each elector shall have the right to vote for the judge and one
inspector, and each inspector shall appoint one clerk. The first election
board for any new district shall be selected, and vacancies in election
boards filled, a shall be provided by law. Election officers shall be
privileged from arrest upon days of election, and while engaged in making
up and transmitting returns, except upon a warrant of a court of record
or judge thereof, for an election fraud, for felony, or for wanton breach
of the peace. In cities they may claim exemption from jury duty during
their tenure of service. [Source: 1945 Pa. Laws 1419]
ARTICLE VIII, SECTION
14. AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE VIII, Section 11.
Election Officers. District election boards shall consist of a judge
and two inspectors, who shall be chosen at municipal elections for such
terms as may be provided by law. Each elector shall have the right to
vote for the judge and one inspector, and each inspector shall appoint
one clerk. The first election board for any new district shall be selected,
and vacancies in election boards filled, as shall be provided by law
Election officers shall be privileged from arrest upon days of election,
and while engaged in making up and transmitting returns, except upon
warrant of a court of record or judge thereof, for an election fraud,
for felony, or for wanton breach of the peace. In cities they may claim
exemption from jury during their terms of service. [Source: 1967 Pa.
Laws 1048]
ARTICLE VIII, SECTION 15.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE VIII, Section 12. Disqualifications
for Service as Election Officer. No person shall be qualified to serve
as an election officer who shall hold, or shall within two months have
held any office, appointment or employment in or under the government
of the United States, or of this State, or of any city, or county, or
of any municipal board, commission or trust in any city, save only notaries
public and persons in the National Guard or in a reserve component of
the armed forces of the United States; nor shall any election officer
be eligible to any civil office to be filled at an election at which
he shall serve, save only to such subordinate municipal or local offices,
below the grade of city or county offices, as shall be designated by
general law. [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 16.
REPEALED ON MAY 16, 1967 [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION 17.
AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE VIII, Section 13. Contested
Elections. Section 13. The trial and determination of contested elections
of electors of President and Vice-President, members of the General Assembly,
and of all public officers, whether State, judicial, municipal or local,
and contests involving questions submitted to the electors at any election
shall be by the courts of law, or by one or more of the law judges thereof.
The General Assembly shall, by general law, designate the courts and
judges by whom the several classes of election contests shall be tried
and regulate the manner of trial and all matters incident thereto; but
no such law assigning jurisdiction, or regulating its exercise, shall
apply to any contest arising out of an election held before its passage.
[Source: 1967 Pa. Laws 1048]
ARTICLE VIII. SECTION 18.
ADDED BY AMENDMENT OF NOVEMBER 8, 1949 Absentee Voting by Disabled War
Veterans. Section 18. The General Assembly may, by general law, provide
a manner in which, and the time and place at which, qualified war veteran
voters, who may, on the occurrence of any election, be unavoidably absent
from the State or county of their residence because of their being bedridden
or hospitalized due to illness or physical disability contracted or suffered
in connection with, or as a direct result of, their military service,
may vote and for the return and canvass of their votes in the election
district in which they respectively reside. [Source: 1949 Pa. Laws 2138]
ARTICLE VIII. SECTION
18. AMENDMENT OF NOVEMBER 3, 1953 Absentee Voting by Disabled War Veterans.
Section 18. The General Assembly may, by general law, provide a manner
in which, and the time and place at which, qualified war veteran voters
may vote, who are unable to attend at their proper polling places because
of being bed-ridden or otherwise physically incapacitated, and may provide
for the return and canvass of their votes in the election district in
which they respectively reside. Positive proof of being bed-ridden or
otherwise physically incapacitated shall be given by affidavit or by
certification of a physician, hospital or other authenticated source.
[Source: 1953 Pa. Laws 1496]
ARTICLE VIII, SECTION
18. REPEALED ON MAY 16, 1967 [Source: 1967 Pa. Laws 1048]
ARTICLE VIII, SECTION
19. ADDED BY AMENDMENT OF NOVEMBER 5, 1957 Absentee Voting Due to Illness
or Absence. Section 19. The Legislature may, by general law, provide
a manner in which, and the time and place at which, qualified voters
who may, on the occurrence of any election, be unavoidably absent from
the State or county of their residence because of their duties, occupation
or business require them to be elsewhere or who, on the occurrence of
any election, are unable to attend at their proper polling places because
of illness or physical disability, may vote, and for the return and canvass
of their votes in the election district in which they respectively reside.
[Source: 1957 Pa. Laws 1019]
ARTICLE VIII, SECTION
19. AMENDMENT OF MAY 16, 1967 Renumbered as ARTICLE VIII, Section 14.
Absentee Voting. Section 14. (a) The Legislature shall, by general law,
provide a manner in which, and the time and place at which, qualified
electors who may, on the occurrence of any election, be absent from the
municipality of their residence, because their duties, occupation or
business require them to be elsewhere or who, on the occurrence of any
election, are unable to attend at their proper polling places because
of illness or physical disability or who will not attend a polling place
because of the observance of a religious holiday or who cannot vote because
of election day duties, in the case of a county employee, may vote, and
for the return and canvass of their votes in the election district in
which they respectively reside. [Source: 1967 Pa. Laws 1048]
ARTICLE IX, SECTION 1. AMENDMENT
OF NOVEMBER 6, 1923 Uniformity of Taxation; Exemptions. Section 1. All
taxes shall be uniform, upon the same class of subjects, within the territorial
limits of the authority levying the tax, and shall be levied and collected
under general laws; but the General Assembly may, by general laws, exempt
from taxation public property used for public purposes, actual places
of religious worship, places of burial not used or held for private or
corporate profit, institutions of purely public charity, and real and
personal property owned, occupied, and used by any branch, post, or camp
of honorably discharged soldiers, sailors, and marines. [Source: 1923
Pa. Laws 1117]
ARTICLE IX, SECTION
1. AMENDMENT OF NOVEMBER 4, 1958 Uniformity of Taxation; Exemptions.
Section 1. All taxes shall be uniform, upon the same class of subjects,
within the territorial limits of the authority levying the tax, and shall
be levied and collected under general laws; but the General Assembly
may, by general laws, exempt from taxation public property used for public
purposes, actual places of religious worship, places of burial not used
or held for private or corporate profit, and institutions of purely public
charity, and real and personal property owned, occupied, and used by
any branch, post, or camp of honorably discharged soldiers, sailors,
and marines; and the General Assembly may, by general laws, set up standards
and qualifications for private forest reserves, and making special provision
for the taxation thereof. [Source: 1957 Pa. Laws 1021]
ARTICLE IX, SECTION
1. AMENDMENT OF NOVEMBER 7, 1961 Uniformity of Taxation; Exemptions.
Section 1. All taxes shall be uniform, upon the same class of subjects,
within the territorial limits of the authority levying the tax, and shall
be levied and collected under general laws; but the General Assembly
may, by general laws, exempt from taxation public property used for public
purposes, actual places of religious worship, places of burial not used
or held for private or corporate profit, institutions of purely public
charity and real and personal property owned, occupied, and used by any
branch, post, or camp of honorably discharged soldiers, sailors, and
marines; and the General Assembly may, by general laws, set up standards
and qualifications for private forest reserves, and make special provision
for the taxation thereof. Citizens and residents of this Commonwealth,
who served in any war or armed conflict in which the United States was
engaged and were honorably discharged or released under honorable circumstances
from active service, shall be exempt from the payment of all real property
taxes upon the residence occupied by the said citizens and residents
of this Commonwealth imposed by the Commonwealth of Pennsylvania or any
of its political subdivisions if, as a result of military service, they
are blind, paraplegic, or double or quadruple amputees, and if the State
Veterans' Commission determines that such persons are in need of the
tax exemptions granted herein. [Source: 1961 Pa. Laws 1785]
ARTICLE IX, SECTION 1B.
ADDED BY AMENDMENT OF NOVEMBER 6, 1928 Reciprocal Exemptions. Section
IB. Taxation laws may grant exemptions or rebates to residents, or estates
of residents, of other States which grant similar exemptions or rebates
to residents, or estates of residents, of Pennsylvania. [Source: 1927
Pa. Laws 1049]
ARTICLE IX, SECTION 4. AMENDMENT
OF NOVEMBER 5, 1918 Limitation on State Debt. Section 4. Limitation of
State Debt. No debt shall be created by or on behalf of the State, except
to supply casual deficiencies of revenue, repel invasion, suppress insurrection,
defend the State in war, or to pay existing debt; and the debt created
to supply deficiencies in revenue shall never exceed in the aggregate,
at any one time, one million dollars: Provided, however, That the General
Assembly, irrespective of any debt, may authorize the State to issue
bonds to the amount of fifty millions of dollars for the purpose of improving
and rebuilding the highways of the Commonwealth. [Source: 1917 Pa. Laws
1264]
ARTICLE IX, SECTION
4 AMENDMENT OF NOVEMBER 6, 1923 Section 4. Limitation of State Debt.
No debt shall be created by or on behalf of the State, except to supply
casual deficiencies of revenue, repel invasions, suppress insurrection,
defend the State in war, or to pay existing debt; and the debt created
to supply deficiencies in revenue shall never exceed, in the aggregate
at any one time, one million dollars: Provided, however, That the General
Assembly, irrespective of any debt, may authorize the State to issue
bonds, to the amount of one hundred millions of dollars, for the purpose
of improving and rebuilding the highways of the Commonwealth. [Source:
1923 Pa. Laws 1118]
ARTICLE IX, SECTION 8. AMENDMENT
OF NOVEMBER 7, 1911 Municipal Debt. Section 8. The debt of any county,
city, borough, township, school district, or other municipality or incorporated
district, except as herein provided, shall never exceed seven per centum
upon the assessed value of the taxable property therein, nor shall any
such municipality or district incur any new debt, or increase its indebtedness
to an amount exceeding two per centum upon such assessed valuation of
property, without the assent of the electors thereof at a public election
in such manner as shall be provided by law; but any city, the debt of
which now exceeds seven per centum of such assessed valuation, may be
authorized by law to increase the same three per centum, in the aggregate,
at any one time, upon such valuation, except that any debt or debts hereinafter
incurred by the city and county of Philadelphia for the construction
and development of subways for transit purposes, or for the construction
of wharves and docks, or the reclamation of land to be used in the construction
of a system of wharves and docks, as public improvements, owned or to
be owned by said city and county of Philadelphia, and which shall yield
to the city and county of Philadelphia current net revenue in excess
of the interest of said debt or debts and of the annual installments
necessary for the cancellation of said debt or debts, may be excluded
in ascertaining the power of the city and county of Philadelphia to become
otherwise indebted: Provided, That a sinking-fund for their cancellation
shall be established and maintained. [Source: 1911 Pa. Laws 1160]
ARTICLE IX, SECTION
8. AMENDMENT OF NOVEMBER 2, 1915 Municipal Debt. Section 8. The debt
of any county, city, borough, township, school district or other municipality
or incorporated district, except as herein provided, shall never exceed
seven per centum upon the assessed value of the taxable property therein,
nor shall any such municipality or district incur any new debt, or increase
its indebtedness to an amount exceeding two per centum upon such assessed
valuation of property, without the consent of the electors thereof at
a public election in such manner as shall be provided by law; but any
city, the debt of which on the first day of January, one thousand eight
hundred and seventy-four, exceeded seven per centum of such assessed
valuation, and has not since been reduced to less than such per centum,
may be authorized by law to increase the same three per centum in the
aggregate, at any one time, upon such valuation. The city of Philadelphia,
upon the conditions hereinafter set forth, may increase its indebtedness
to the extent of three per centum in excess of seven per centum upon
such assessed valuation for the specific purpose of providing for all
or any of the following purposes,--to wit: For the construction and improvement
of subways, tunnels, railways, elevated railways, and other transit facilities;
for the construction and improvement of wharves and docks, and for the
reclamation of land to be used in the construction of wharves and docks,
owned or to be owned by said city. Such increase, however, shall only
be made with the assent of the electors thereof at a public election,
to be held in such manner as shall be provided by law. In ascertaining
the borrowing capacity of said city of Philadelphia, at any time, there
shall be excluded from the calculation a credit where the work resulting
from any previous expenditure, for any one or more of the specific purposes
here above enumerated shall be yielding to said city an annual current
net revenue; the amount of which credit shall be ascertained by capitalizing
the annual net revenue during the year immediately preceding the time
of such ascertainment. Such capitalization shall be accomplished by ascertaining
the principal amount which would yield such annual current net revenue,
at the average rate of interest, and sinking-fund charges payable upon
the indebtedness incurred by said city for such purposes, up to the time
of such ascertainment. The method of determining such amount, so to be
excluded or allowed as a credit, may be prescribed by the General Assembly.
In incurring indebtedness for any one or more of said purposes of construction,
improvement, or reclamation, the city of Philadelphia may issue its obligations
maturing not later than fifty years from the date thereof, with provision
for a sinking-fund sufficient to retire said obligation at maturity,
the payments to such sinking-fund to be in equal or graded annual instalments.
Such obligations may be in an amount sufficient to provide for and may
include the amount of the interest and sinking-fund charges accruing
and which may accrue thereon throughout the period of construction and
until the expiration of one year after the completion of the work for
which said indebtedness shall have been incurred; and said city shall
not be required to levy a tax to pay said interest and sinking-fund charges,
as required by section ten of article nine of the Constitution of Pennsylvania,
until the expiration of said period of one year after the completion
of such work. [Source: 1915 Pa. Laws 1101]
ARTICLE IX, SECTION
8. AMENDMENT OF NOVEMBER 5, 1918 Municipal Debt. Section 8. The debt
of any county, city, borough, township, school district, or other municipality
or incorporated district, except as provided herein, and in section fifteen
of this article, shall never exceed seven (7) per centum upon the assessed
value of the taxable property therein, but the debt of the city of Philadelphia
may be increased in such amount that the total city debt of said city
shall not exceed ten per centum (10) upon the assessed value of the taxable
property therein, nor shall any such municipality or district incur any
new debt, or increase its indebtedness to an amount exceeding two (2)
per centum upon such assessed valuation of property, without the consent
of the electors thereof at a public election in such manner as shall
be provided by law. In ascertaining the borrowing capacity of the said
city of Philadelphia, at any time, there shall be excluded from the calculation
and deducted from such debt so much of the debt of said city as shall
have been incurred, and the proceeds thereof invested, in any public
improvements of any character which shall be yielding to the said city
an annual current net revenue. The amount of such deduction shall be
ascertained by capitalizing the annual net revenue from such improvement
during the year immediately preceding the time of such ascertainment;
and such capitalization shall be estimated by ascertaining the principal
amount which would yield such annual, current net revenue, at the average
rate of interest, and sinking-fund charges payable upon the indebtedness
incurred by said city for such purposes, up to the time of such ascertainment.
The method of determining such amount, so to be deducted, may be prescribed
by the General Assembly. In incurring indebtedness for any purpose the
city of Philadelphia may issue its obligations maturing not later than
fifty (50) years from the date thereof, with provision for a sinking-fund
sufficient to retire said obligations at maturity, the payment to such
sinking-fund to be in equal or graded annual or other periodical instalments.
Where any indebtedness shall be or shall have been incurred by said city
of Philadelphia for the purpose of the construction or improvement of
public works of any character from which income or revenue is to be derived
by said city, or for the reclamation of land to be used in the construction
of wharves or docks owned or to be owned by said city, such obligations
may be in an amount sufficient to provide for, and may include the amount
of, the interest and sinking-fund charges accruing and which may accrue
thereon throughout the period of construction, and until the expiration
of one year after the completion of the work for which said indebtedness
shall have been incurred; and said city shall not be required to levy
a tax to pay said interest and sinking-fund charges as required by section
ten, article nine of the Constitution of Pennsylvania, until the expiration
of said period of one year after the completion of said work. [Source:
1917 Pa. Laws 1265]
ARTICLE IX, SECTION
8. AMENDMENT OF NOVEMBER 2, 1920 Municipal Debt. Section 8. The debt
of any county, city, borough, township, school district, or other municipality
or incorporated district, except as provided herein, and in section fifteen
of this article, shall never exceed seven (7) per centum upon the assessed
value of the taxable property therein, but the debt of the city of Philadelphia
may be increased in such amount that the total city debt of said city
shall not exceed ten per centum (10) upon the assessed value of the taxable
property therein, nor shall any such municipality or district incur any
new debt, or increase its indebtedness to an amount exceeding two (2)
per centum upon such assessed valuation of property, without the consent
of the electors thereof at a public election in such manner as shall
be provided by law. In ascertaining the borrowing capacity of the city
of Philadelphia, at any time, there shall be deducted from such debt
so much of the debt of said city as shall have been incurred, or is about
to be incurred, and the proceeds thereof expended, or about to be expended,
upon any public improvement, or in the construction, purchase, or condemnation
of any public utility, or part thereof, or facility therefor, if such
public improvement or public utility, or part thereof, whether separately,
or in connection with any other public improvement or public utility,
or part thereof, may reasonably be expected to yield revenue in excess
of operating expenses sufficient to pay the interest and sinking-fund
charges thereon. The method of determining such amount, so to be deducted,
may be prescribed by the General Assembly. In incurring indebtedness
for any purpose the city of Philadelphia may issue its obligations maturing
not later than fifty (50) years from the date thereof, with provision
for a sinking-fund sufficient to retire said obligations at maturity,
the payment to such sinkingfund to be in equal or graded annual or other
periodical installments. Where any indebtedness shall be or shall have
been incurred by said city of Philadelphia for the purpose of the construction
or improvements of public works or utilities of any character, from which
income or revenue is to be derived by said city, or for the reclamation
of land to be used in the construction of wharves or docks owned or to
be owned by said city, such obligations may be in an amount sufficient
to provide for, and may include the amount of, the interest and sinking-fund
charges accruing and which may accrue thereon throughout the period of
construction, and until the expiration of one year after the completion
of the work for which said indebtedness shall have been incurred; and
said city shall not be required to levy a tax to pay said interest and
sinkingfund charges as required by section ten, article nine of the Constitution
of Pennsylvania, until the expiration of said period of one year after
the completion of said work. [Source: 1919 Pa. Laws 1238]
ARTICLE IX, SECTION
8. AMENDMENT OF NOVEMBER 6, 1951 Municipal Debt. Section 8. The debt
of any county, city, borough, township, school district, or other municipality
or incorporated district, except as provided herein, and in section fifteen
of this article, shall never exceed seven (7) per centum upon the assessed
value of the taxable property therein, nor shall any such county, municipality
or district incur any debt, or increase its indebtedness to an amount
exceeding two (2) per centum upon such assessed valuation of property,
without the consent of the electors thereof at a public election in such
manner as shall be provided by law. The debt of the city of Philadelphia
may be increased in such amount that the total debt of said city shall
not exceed thirteen and one-half (13 1/2) per centum of the average of
the annual assessed valuations of the taxable realty therein, during
the ten years immediately preceding the year in which such increase is
made, but said city shall not increase its indebtedness to an amount
exceeding three (3) per centum upon such average assessed valuation of
realty, without the consent of the electors thereof at a public election
held in such manner as shall be provided by law. No debt shall be incurred
by, or on behalf of, the county of Philadelphia. In ascertaining the
debt-incurring capacity of the city of Philadelphia at any time, there
shall be deducted from the debt of said city so much of such debt as
shall have been incurred, or is about to be incurred, and the proceeds
thereof expended, or about to be expended, upon any public improvement,
or in construction, purchase, or condemnation of any public utility,
or part thereof, or facility therefor, if such public improvement or
public utility, or part thereof, or facility therefor, whether separately,
or in connection with any other public improvement or public utility,
or part thereof, or facility therefor, may reasonably be expected to
yield revenue in excess of operating expenses sufficient to pay the interest
and sinking fund charges thereon. The method of determining such amount,
so to be deducted, shall be as now prescribed, or which may hereafter
be prescribed by the General Assembly. In incurring indebtedness for
any purpose the city of Philadelphia may issue its obligations maturing
not later than fifty (50) years from the date thereof, with provision
for a sinking fund to be in equal or graded annual or other periodical
installments. Where any indebtedness shall be or shall have been incurred
by said city of Philadelphia for the purpose of the construction or improvement
of public works or utilities of any character, from which income or revenue
is to be derived by said city, or for the reclamation of land to be used
in the construction of wharves or docks owned or to be owned by said
city, such obligations may be in an amount sufficient to provide for,
and may include the amount of, the interest and sinking fund charges
accruing and which may accrue thereon throughout the period of construction,
and until the expiration of one year after the completion of the work
for which said indebtedness shall have been incurred; and said city shall
not be required to levy a tax to pay said interest and sinking fund charges
as required by section ten of this article until the expiration of said
period of one year after the completion of said work. [Source: 1951 Pa.
Laws 2212]
ARTICLE IX, SECTION 15.
ADDED BY AMENDMENT OF NOVEMBER 4, 1913 Municipal Indebtedness for Certain
Public Works. Section 15. Municipal Indebtedness for Certain Public Works.
No obligations which have been heretofore issued, or which may hereafter
be issued, by any county or municipality, other than Philadelphia, to
provide for the construction or acquisition of waterworks, subways, underground
railways or street railways, or the appurtenances thereof, shall be considered
as a debt of a municipality, within the meaning of section eight of article
nine of the Constitution of Pennsylvania or of this amendment, if the
net revenue derived from said property for a period of five years, either
before or after the acquisition thereof, or, where the same is constructed
by the county or municipality, after the completion thereof, shall have
been sufficient to pay interest and sinking-fund charges during said
period upon said obligations, or if the said obligations shall be secured
by liens upon the respective properties, and shall impose no municipal
liability. Where municipalities or counties shall issue obligations to
provide for the construction of property, as herein provided, said municipalities
or counties may also issue obligations to provide for the interest and
sinking-fund charges accruing thereon until said properties shall have
been completed and in operation for a period of one year; and said municipalities
and counties shall not be required to levy a tax to pay said interest
and sinking-fund charges, as required by section ten of article nine
of the Constitution of Pennsylvania, until after said properties shall
have been operated by said counties or municipalities during said period
of one year. Any of the said municipalities or counties may incur indebtedness
in excess of seven per centum, and not exceeding ten per centum, of the
assessed valuation of the taxable property therein, if said increase
of indebtedness shall have been assented to by three-fifths of the electors
voting at a public election, in such manner as shall be provided by law.
[Source: 1913 Pa. Laws 1479]
ARTICLE IX, SECTION 16.
ADDED BY AMENDMENT NOVEMBER 7, 1933 Soldiers' Bonus. Section 16. In addition
to the purposes stated in article nine, section four of this Constitution,
the State may be authorized by law to create debt and to issue bonds,
to the amount of fifty millions of dollars, for the payment of compensation
to certain persons from this State who served in the Army, Navy, or Marine
Corps of the United States during the war between the United States and
Spain, between the twenty-first day of April, one thousand eight hundred
and ninety-eight, and the thirteenth day of August, one thousand eight
hundred and ninety-eight, or who served in the China Relief Expedition,
in the Philippines or Guam, between the twenty-first day of April, one
thousand eight hundred and ninety-eight, and the fourth day of July,
one thousand nine hundred and two, or who served in the Army, Navy, or
Marine Corps of the United States during the World War, between the sixth
day of April, one thousand nine hundred and seventeen, and the eleventh
day of November, one thousand nine hundred and eighteen. [Source: 1933
Pa. Laws 1558]
ARTICLE IX, SECTION 16.
ADDED BY AMENDMENT NOVEMBER 7, 1933 Toll Bridges. Section 16. In addition
to the purposes stated in article nine, section four, of this Constitution,
the General Assembly may provide, by law for the issue of bonds, to the
amount of ten millions of dollars, for the purpose of acquiring toll
bridges, and may, by law, provide that, upon the acquisition of any such
bridge, tolls may be charged for the use thereof, sufficient to pay the
interest and sinking fund charges on such bonds and the cost of the maintenance
of such bridges, until the bonds issued have been retired and such bridges
are freed of tolls. [Source: 1933 Pa. Laws 1566]
ARTICLE IX, SECTION 17.
ADDED BY AMENDMENT OF NOVEMBER 7, 1933 Authorization of State to Borrow
Money. Section 17. The Governor, the Auditor General, and the State Treasurer,
immediately upon the adoption of this amendment by the electors, may
borrow an amount not exceeding twenty-five million dollars to defray
the expenses of the State government for the biennium beginning June
first, one thousand nine hundred thirty-three; provided the General Assembly,
at its regular session of one thousand nine hundred thirty-three, has
authorized the borrowing of money for this purpose. [Source: 1933 Pa.
Laws 1561]
ARTICLE IX, SECTION 18.
ADDED BY AMENDMENT OF NOVEMBER 6, 1945 Gasoline Taxes and Motor License
Fees Restricted. Section 18. All proceeds from gasoline and other motor
fuel excise taxes, motor vehicle registration fees and license taxes,
operators' license fees and other excise taxes imposed on products used
in motor transportation after providing therefrom for (a) cost of administration
and collection, (b) payment of obligations incurred in the construction
and reconstruction of public highways and bridges shall be appropriated
by the General Assembly to agencies of the State or political subdivisions
thereof; and used solely for construction, reconstruction, maintenance
and repair of and safety on public highways and bridges and air navigation
facilities and costs and expenses incident thereto, and for the payment
of obligations incurred for such purposes, and shall not be diverted
by transfer or otherwise to any other purpose, except that loans may
be made by the State from the proceeds of such taxes and fees for a single
period not exceeding eight months, but no such loan shall be made within
the period of one year from any preceding loan, and every loan made in
any fiscal year shall be repayable within one month after the beginning
of the next fiscal year. [Source: 1945 Pa. Laws 1418]
ARTICLE IX, SECTION 19.
ADDED BY AMENDMENT OF NOVEMBER 7, 1933 Special Assessment for Transit
Facilities in Philadelphia. Section. 19. The city of Philadelphia, in
constructing, for the benefit of the inhabitants thereof, transit subways,
rapid transit railways, or other local transit facilities for the transportation
of persons or property, shall have the power, in order the more justly
to distribute the benefits and costs of such transit facilities, to levy
special assessments against such properties, whether abutting or not
abutting upon said transit facilities, as are or will be specially and
particularly benefited by the construction or operation of such transit
facilities; such power to be exercised in accordance with existing or
with future laws or pursuant to statutes enacted prior to the adoption
of this amendment but made effective by it. Such special assessments,
when so levied, may be made payable presently when levied or in installments
over a period of years, with or without interest, and shall immediately,
when so levied, be deducted from any indebtedness incurred for such purposes
in calculating the debt of such city. Such city may acquire by eminent
domain either the fee or less estate or easements in land necessary for
the construction or operation of such transit facilities or for the disposal
of earth or material excavated in the construction thereof or for other
incidental purposes; but this provision shall not create any additional
powers for the condemnation of any railroad or street railway in operation.
[Source: 1933 Pa. Laws 1562]
ARTICLE IX, SECTION 21.
ADDED BY AMENDMENT OF NOVEMBER 6, 1945 Bonds Authorized for Special Purposes.
Section 21. In addition to the purposes stated in article nine, section
four of this Constitution the Commonwealth may be authorized by law to
create debt and to issue bonds to the amount of fifty million dollars
($50,000,000) for the construction of public buildings, highways, drainage
and sanitary systems, anti-stream pollution and flood control projects
for purposes of reforestation, and for the rehabilitation and hospitalization
of war veterans. [Source: 1945 Pa. Laws 1420]
ARTICLE IX, SECTION 22.
ADDED BY AMENDMENT OF NOVEMBER 8, 1949 Soldiers' Bonus. Section 22. In
addition to the purposes stated in article nine, section four of this
Constitution, the Commonwealth may be authorized by law to create debt
and to issue bonds to the amount of $500,000,000 for the payment of compensation
to certain persons from this Commonwealth who shall have served in the
armed forces of the United States or of any of her allies during World
War II, between the seventh day of December, one thousand nine hundred
forty-one and the second day of September, one thousand nine hundred
forty-five, for the service of such persons to their country, whether
or not they be living when distribution shall be made, and if such persons
shall be deceased when distribution shall be made, such deceased person's
compensation shall be paid to his spouse, child, children or parents.
[Source: 1949 Pa. Laws 2137]
ARTICLE IX, SECTION 23.
ADDED BY AMENDMENT OF NOVEMBER 5, 1957 Korean Veterans' Bonus. Section
23. In addition to the purposes stated in article nine, section four
of this Constitution, the Commonwealth may be authorized, by law, to
create debt and to issue bonds to the amount of one hundred fifty million
dollars ($150,000,000) for the payment of compensation to certain persons
from this Commonwealth, who served in the armed forces of the United
States or any of her allies during the Korean Conflict, between June
twenty-fifth, one thousand nine hundred fifty, and July twenty-seventh,
one thousand nine hundred fifty-three, for the service of such persons
to their country, whether or not they are living when distribution is
made, and, if the person is deceased when distribution is made, the deceased
person's compensation shall be paid to his spouse, child, children or
parents. The law authorizing the creation of the debt and the issuance
of the bonds shall not take effect until revenue-raising measures are
enacted, which the Senate and House of Representatives, by concurrent
resolution, declare and deem sufficient to amortize the amount to be
borrowed and paid. The revenue derived from such revenue-raising measures
shall be used only for the payment of the debt created, as herein provided,
and the measures shall provide for their termination when sufficient
funds are accumulated to pay the debt. [Source: 1957 Pa. Laws 1020]
ARTICLE IX, SECTION 24.
ADDED BY AMENDMENT OF NOVEMBER 5, 1963 Project Seventy. Section 24. In
addition to the purposes stated in article nine, section four of this
Constitution, the Commonwealth may be authorized by law to create debt
and to issue bonds to the amount of seventy million dollars ($70,000,000)
for the acquisition of land for State parks, reservoirs and other conservation
and recreation and historical preservation purposes, and for participation
by the Commonwealth with political subdivisions in the acquisition of
land for parks, reservoirs and other conservation and recreation and
historical preservation purposes, subject to such conditions and limitations
as the General Assembly may prescribe. [Source: 1963 Pa. Laws 1403]
ARTICLE IX, SECTION 25.
ADDED BY AMENDMENT OF MAY 16, 1967 Section 25. In addition to the purposes
stated in article nine, section four of this Constitution, the Commonwealth
may be authorized by law to create a debt and issue bonds in the amount
of five hundred million dollars ($500,000,000) for a Land and Water Conservation
and Reclamation Fund to be used for the conservation and reclamation
of land and water resources of the Commonwealth, including the elimination
of acid mine drainage, sewage, and other pollution from the streams of
the Commonwealth, the provision of State financial assistance to political
subdivisions and municipal authorities of the Commonwealth of Pennsylvania
for the construction of sewage treatment plants, the restoration of abandoned
strip-mined areas, the control and extinguishment of surface and underground
mine fires, the alleviation and prevention of subsidence resulting from
mining operations, and the acquisition of additional lands and the reclamation
and development of park and recreational lands acquired pursuant to the
authority of article nine, section twenty-four of this Constitution,
subject to such conditions and liabilities as the General Assembly may
prescribe. [YY]
ARTICLE X. SECTION 1. AMENDMENT
OF MAY 16, 1967 Renumbered as ARTICLE III. Section 14. Public School
System. Section 14. The General Assembly shall provide for the maintenance
and support of a thorough and efficient system of public education to
serve the needs of the Commonwealth. [Source: 1967 Pa. Laws 1037]
ARTICLE X. SECTION 2. AMENDMENT
OF MAY 16, 1967 Renumbered as ARTICLE III. Section 15. Public School
Money Not Available to Sectarian Schools. Section 15. No money raised
for the support of the public schools of the Commonwealth shall be appropriated
to or used for the support of any sectarian school. [Source: 1967 Pa.
Laws 1037]
ARTICLE X, SECTION 3. REPEALED,
MAY 16, 1967 [Source: 1967 Pa. Laws 1037]
ARTICLE XI. AMENDMENT OF MAY
16, 1967 Renumbered as ARTICLE III, Section 16. National Guard to be
Organized and Maintained. Section 16. The citizens of this Commonwealth
shall be armed, organized and disciplined for its defense when and in
such manner as may be directed by law. The General Assembly shall provide
for maintaining the National Guard by appropriations from the Treasury
of the Commonwealth, and may exempt from State military service persons
having conscientious scruples against bearing arms.[Source: 1967 Pa.
Laws 1037]
ARTICLE XII, SECTION 1. AMENDMENT
OF NOVEMBER 2, 1909 Election of State and Local Public Officers. Section
1. All officers, whose selection is not provided for in this Constitution,
shall be elected or appointed as may be directed by law: Provided, That
elections of State officers shall be held on a general election day,
and elections of local officers shall be held on a municipal election
day, except when, in either case, special elections may be required to
fill unexpired terms. [Source: 1909 Pa. Laws 948]
ARTICLE XIV, SECTION 1. AMENDMENT
OF NOVEMBER 6, 1945 County Officers. Section 1. County Officers. County
officers shall consist of sheriffs, coroners, prothonotaries, register
of wills, recorders of deeds, commissioners, treasurers, surveyors, auditors
or controllers, clerks of the courts, district attorneys and such others
as may be from time to time be established by law; and no treasurer shall
be eligible for the term next succeeding the one for which he may be
elected. [Source: 1945 Pa. Laws 1419]
ARTICLE XIV, SECTION 2.
AMENDMENT OF NOVEMBER 2, 1909 Election of County Officers. Terms. Vacancies.
Section 2. County officers shall be elected at the municipal elections
and shall hold their offices for the term of four years, beginning on
the first Monday of January next after their election, and until their
successors shall be duly qualified; all vacancies not otherwise provided
for, shall be filled in such manner as may be provided by law. [Source:
1909 Pa. Laws 948]
ARTICLE XIV, SECTION 7.
AMENDMENT OF NOVEMBER 2, 1909 County Commissioners and Auditors. Section
7. Three county commissioners and three county auditors shall be elected
in each county where such officers are chosen, in the year one thousand
nine hundred and eleven and every fourth year thereafter; and in the
election of said officers each qualified elector shall vote for no more
than two persons, and the three persons having the highest number of
votes shall be elected; any casual vacancy in the office of county commissioner
or county auditor shall be filled, by the court of common pleas of the
county in which such vacancy shall occur, by the appointment of an elector
of the proper county who shall have voted for the commissioner or auditor
whose place is to be filled. [Source: 1909 Pa. Laws 948]
ARTICLE XIV, SECTION 8. ADDED
BY AMENDMENT OF NOVEMBER 6, 1951 Abolition of County Offices in Philadelphia.
Section 8. (1) In Philadelphia all county offices are hereby abolished,
and the city shall henceforth perform all functions of county government
within its area through officers selected in such manner as may be provided
by law. (2) Local and special laws, regulating the affairs of the city
of Philadelphia and creating offices or prescribing the powers and duties
of officers of the city of Philadelphia, shall be valid notwithstanding
the provisions of section seven of article three of this Constitution.
(3) All laws applicable to the county of Philadelphia shall apply to
the city of Philadelphia. (4) The city of Philadelphia shall have, assume
and take over all powers, property, obligations and indebtedness of the
county of Philadelphia. (5) The provisions of article fifteen, section
one of the Constitution shall apply with full force and effect to the
functions of the county government hereafter to be performed by the city
government. (6) This amendment shall become effective immediately upon
its adoption. (7) Upon adoption of this amendment all county officers
shall become officers of the city of Philadelphia, and, until the General
Assembly shall otherwise provide, shall continue to perform their duties
and be elected, appointed, compensated and organized in such manner as
may be provided by the provisions of this Constitution and the laws of
the Commonwealth in effect at the time this amendment becomes effective,
but such officers serving when this amendment becomes effective shall
be permitted to complete their terms. [Source: 1951 Pa. Laws 2211]
ARTICLE XV, SECTION 1. AMENDMENT
OF NOVEMBER 7, 1922 Home Rule. Section. 1. Cities may be chartered whenever
a majority of the electors of any town or borough having a population
of at least ten thousand shall vote at any general or municipal election
in favor of the same. Cities, or cities of any particular class, may
be given the right and power to frame and adopt their own charters and
to exercise the powers and authority of local self-government, subject,
however, to such restrictions, limitations, and regulations, as may be
imposed by the Legislature. Laws also may be enacted affecting the organization
and government of cities and boroughs, which shall become effective in
any city or borough only when submitted to the electors thereof, and
approved by a majority of those voting thereon. [Source:1921 Pa. Laws
1234]
ARTICLE XV, SECTION 4. ADDED
BY AMENDMENT OF NOVEMBER 6, 1928 City of Pittsburgh Charter. Section
4. The General Assembly is hereby authorized to provide for the consolidation
of the county, poor districts, cities, boroughs and townships of the
county of Allegheny, and the offices thereof, into a consolidated city
and county, with the constitutional and legal capacity of a municipal
corporation, to be known as the City of Pittsburgh, and to provide for
a charter for its government. The said charter shall be submitted to
the electors of said county, at a special election to be provided for
therein. If the majority of the electors voting thereon, in the county
as a whole, and at least two-thirds of all the electors voting thereon
in each of a majority of the cities, boroughs and townships thereof,
vote in the affirmative, the act shall take effect for the whole county.
If rejected, the said charter may be resubmitted to the electors in original,
new or modified form, at any subsequent election until adopted. It shall
be competent, subject to the police power of the State, for the Legislature
to provide in said charter: 1. For the exercise, by the consolidated
city, of all the powers and duties vested in the county of Allegheny,
and the poor districts thereof, and such other powers appropriate to
a municipality as may be specified therein, except such powers as are
specifically reserved by this section to the municipal divisions herein
provided for. 2. For the election, by the people of the consolidated
city, of a board of commissioners, the number to be fixed by the charter,
in lieu of present county commissioners, in which board shall be vested
all the powers of the consolidated city and county, except as otherwise
provided in the charter. 3. For the organization of a government for
the consolidated city and county, and for the election or appointment
of the constitutional and other necessary officers thereof, and for their
powers and duties. 4. For the organization of all courts, other than
those of record, in the consolidated city, and for the procedure thereof,
and for the appointment of judges and officers thereof, which courts
shall exercise the jurisdiction, powers and duties of the magistrates,
aldermen and justices of the peace, and such other powers as may be conferred
by law. 5. For the transfer to the consolidated city of the property
and indebtedness of the county of Allegheny, and the poor districts thereof,
and of such property and indebtedness of the cities, boroughs and townships
thereof as relate to the powers and duties of said consolidated city,
and to provide for an equitable adjustment and payment of such indebtedness,
and for this purpose, any taxation therein shall be uniform taxation
within the meaning and intent of other provisions of this constitution.
6. For the assessment of property for taxation, the levying and collection
of taxes, and the payment of the cost of any public improvement, in whole
or in part, by special assessment upon abutting and non-abutting property
materially benefitted thereby, and, for this purpose, real estate so
charged shall be classified as urban, suburban and rural, and assessments
made in accordance with such classifications. 7. For the creation, by
the board of commissioners, of districts for the purpose of regulating
the location, height, area, bulk and use of buildings and premises. 8.
For the creation, by the board of commissioners, of special districts
for the purpose of acquiring, constructing, maintaining, operating or
contracting for, any public property, work, improvement, utility or service
not for the exclusive benefit of any one municipal division, and for
the payment of the costs and maintenance of such property, work, improvement,
utility or service there may be special taxes levied throughout such
special districts respectively, separate and apart from the general city
tax: Provided, however, That it is the intent of this section that substantial powers
be reserved to the cities, boroughs and townships situated in Allegheny
County. To this end the charter shall provide for the continued existence
of the said cities, boroughs and townships, as municipal divisions of
the consolidated city, under their present names and forms of government,
subject to the laws provided for government of municipalities of their
respective forms and classes, except as provided in the charter, and
with their present boundaries, provided that the city of Pittsburgh may
be designated by a term other than city and may be divided into two or
more municipal divisions, and that any two or more municipal divisions
of the consolidated city may, with the consent of a majority of the electors
voting thereon in each of such divisions at any general or special election,
be united to form a single municipal division. The said municipal divisions
shall have and continue to possess the following powers: 1. The constitutional
and legal capacity of municipal corporations, except as limited in the
charter. 2. The power to lay and collect taxes and to incur indebtedness,
subject to the limitations which are or may be imposed by law upon cities,
boroughs or townships of corresponding classification, for the purpose
of carrying out any lawful power of said divisions. 3. The power to acquire,
own, construct, maintain, operate or contract for all kinds of public
property, works, improvements, utilities or services, which shall be
within the municipal division, and principally for the use and benefit
of the inhabitants thereof, provided this power shall not be taken to
include the construction and maintenance of through-traffic streets and
bridges, tunnels, subways and appurtenances thereof, nor main or trunk
lines for sewer, power and water service, running through more than one
municipal division, and designated as such by the board of commissioners.
4. The power to maintain a local police force, and local fire department,
with the necessary buildings, appurtenances and equipment therefor, which
may be supplemental to the police force and fire department of the consolidated
city. 5. The power to establish a limitation of indebtedness for the
consolidated city and the municipal divisions thereof, provided that
the total of the indebtedness of the consolidated city and the municipal
divisions thereof shall not, in the aggregate, exceed the limits of the
total indebtedness allowed by the Constitution to the county and to the
separate municipalities. 6. All other powers not specifically granted
by the charter to the consolidated city: Provided, however, That a municipal
division may surrender, by majority vote of the electors voting thereon
at any general or special election, any of its powers to the consolidated
city, subject to the acceptance thereof by the board of commissioners.
The said charter may be amended by the Legislature, subject to ratification
by a majority of the electors of the consolidated city voting thereon
at any general or special election: Provided, That no amendment reducing
the powers of municipal divisions shall be effective unless ratified
by a majority of the electors voting thereon in each of a majority of
said divisions. [Source: 1927 Pa. Laws 1051]
ARTICLE XV, SECTION
4. AMENDMENT OF NOVEMBER 7, 1933. Sec. 4. Consolidation in Allegheny
County. The General Assembly is hereby authorized to provide for the
consolidation of the county, poor districts, cities, boroughs and townships
of the county of Allegheny, and the offices thereof, into a consolidated
city and county, with the constitutional and legal capacity of a municipal
corporation, to be known either as "Greater Pittsburgh" or "Metropolitan
Pittsburgh" or "City of Pittsburgh (Metropolitan)," and
to provide for a charter for its government, and to fix the name thereof
in the charter. The said charter shall be submitted to the electors of
said county at a special or general election to be provided for therein.
If the majority of the electors voting thereon in the county as a whole,
and at least a majority of the electors voting thereon in each of a majority
of the cities, horoughs and townships thereof, vote in the affirmative,
the act shall take effect for the whole county. If rejected, the said
charter may be resubmitted by the county commissioners to the electors
from time to time, but not oftener than once in two years, until adopted.
Until a charter shall have been adopted as aforesaid, the General Assembly
shall have the power to amend or modify the said charter, in which event
the charter as amended or modified shall be submitted and resubmitted
as aforesaid. It shall be competent, subject to the police power of the
State, for the Legislature to provide in said charter: I. For the exercise
by the consolidated city of all the powers and duties vested in the county
of Allegheny, and the poor districts thereof, and such other powers appropriate
to a municipality as may be specified therein, except such powers as
are specifically reserved by this section to the municipal divisions
herein provided for. II. For the election of a board of commissioners,
by districts and/or at large, by the electors of the consolidated city,
the number to be fixed by the charter, in lieu of present county commissioners,
in which board shall be vested all the powers of the consolidated city,
except as otherwise provided in the charter. III. For the organization
of a government for the consolidated city, and for the appointment and/or
election of any officers thereof, created by the Constitution, or otherwise,
and to provide for their powers and duties. IV. For the organization
and reorganization of all courts, other than those of record, in the
consolidated city, and for the appointment and/or election of the judges
and officers thereof, and for the procedure thereof, including the right
to provide that said court or courts be courts of record, which courts
may exercise the jurisdiction, powers and rights of the magistrates,
aldermen and justices of the peace, and such other jurisdiction and powers
as may be conferred by law. V. For the transfer to, and the assumption
by, the consolidated city of the property and indebtedness of the county
of Allegheny, and the poor districts thereof, and of such property and
indebtedness of the cities, boroughs and townships thereof as relate
to the powers and duties of said consolidated city, and to provide for
an equitable adjustment and arrangement with respect thereto and for
the payment of such indebtedness, and, for this purpose, any taxation
therein, arising thereby, shall be uniform taxation within the meaning
and intent of other provisions of the Constitution. VI. For the assessment
of property for taxation, the levying and collecting of taxes, and the
payment of the cost of any public or municipal improvement, in whole
or in part, by special assessment upon abutting and non-abutting property
specially benefited thereby. VII. For the creation, by the board of commissioners,
of districts for the purpose of regulating the location, height, area,
bulk and use of building and premises. VIII. For the creation of indebtedness
by the consolidated city within the limits now or hereafter imposed upon
cities by other provisions of the Constitution. Such power to create
indebtedness shall not impair the power of the municipal divisions, within
the consolidated city, to create indebtedness within the limits now or
hereafter imposed upon such municipalities by other provisions of the
Constitution. IX. For the creation, by the board of commissioners, of
special districts for the purpose of carrying on or carrying out any
public or municipal improvement, not for the exclusive benefit of any
one municipal division; and for the payment of the cost and maintenance
of such property or improvement, or any part thereof, special taxes may
be levied throughout such special districts, respectively, separate and
apart from the general consolidated city tax. X. For the exercise of
such powers by the consolidated city as may be necessary to enable it
to carry on and carry out such municipal and metropolitan powers and
functions as the General Assembly may deem advisable and expedient and
for the general welfare of the said city and its inhabitants: Provided,
however, That it is the intent of this section that substantial powers
be reserved to the cities, boroughs and townships situated in Allegheny
County. To this end the charter shall provide for the continued existence
of the said cities, boroughs and townships, as municipal divisions of
the consolidated city, under their present names and forms of government,
subject to the laws now or hereafter provided for government of municipalities
of their respective forms and classes and to the powers conferred upon
the consolidated city by the charter, and with their present boundaries.
Any two or more of said municipal divisions, or portions thereof, may,
with the consent of a majority of the electors voting thereon in each
of such divisions at any special or general election, be united to form
a single municipal division. Wherever a portion of a municipal division
is involved, the election shall be held in the entire municipal division
of which the said portion is a part. The said municipal divisions shall
have and continue to have the following powers: I. The constitutional
and legal capacity of municipal corporations. II. The power to levy and
collect taxes and to incur indebtedness, subject to the limitations which
are or may be imposed by law upon cities, boroughs or townships of corresponding
classification, for the purpose of carrying out any lawful power of said
divisions. III. The power to acquire, own, construct, maintain, operate
or contract for all kinds of public property, works, improvements, utilities
or services, which shall be within the municipal division and, where
authorized by law, without the limits of the municipal division. Subject,
however, to the right and power of the consolidated city to construct,
acquire, maintain and/or operate public works, improvements, utilities
and services of all kinds, including through streets, highways and/or
bridges, for the use and benefit of the consolidated city and its inhabitants.
IV. The power to maintain a local police force and local fire department,
either paid or volunteer, with the necessary buildings, appurtenances
and equipment therefor, which may be independent of or supplemental to
the police force and fire department of the consolidated city. V. All
other powers not specifically granted by the charter to the consolidated
city: Provided, however, That a municipal division may surrender, by
a majority vote of the electors voting thereon at any general or special
election, any of its powers to the consolidated city, subject to the
acceptance thereof by the board of commissioners. After a charter has
been adopted as aforesaid, it may be amended as follows: I. In matters
which relate only to the powers of the consolidated city and which do
not reduce the powers of any one or more of the municipal divisions thereof
by the General Assembly: Provided, however, That any amendment which
changes or modifies the form of government of the consolidated city,
or the number of or manner of election of the commissioners thereof,
shall not be effective until such amendment shall have been ratified
by a majority of the electors of the consolidated city voting thereon
at a general or special election, to be provided for in said amendment.
II. In matters which reduce the powers of any one or more of the municipal
divisions of the consolidated city, such amendment, enacted by the General
Assembly, shall not be effective until it shall have been ratified at
a general or special election, to be provided for in said amendment,
by a majority of the electors voting thereon in all of the municipal
divisions affected thereby, and by a majority of the electors voting
thereon in each of a majority of said municipal divisions so affected.
[Source: 1933 Pa. Laws 1563]
ARTICLE XV, SECTION 5. ADDED
BY AMENDMENT OF NOVEMBER 7, 1933 Acquisition of Land for Highway Construction.
Section 5. The General Assembly may authorize cities to take more land
and property than is needed for actual construction in the laying out,
widening, extending or relocating highways or streets connecting with
bridges crossing streams, or tunnels under streams, which form boundaries
between this and any other State, but the additional land and property,
so authorized to be taken, shall not be more than sufficient to form
suitable building sites on such highway or streets; nor shall the authority
hereby conferred be exercised in connection with the laying out, widening,
extending or relocating of any highway or street at a point more than
three miles distant from the approach to any such bridge or tunnel. After
so much of the land and property has been appropriated for such highways
or streets as is needed therefor, the remainder may be sold or leased
and any restrictions imposed thereupon which will preserve or enhance
the benefit to the public of the property actually needed for the aforesaid
public use. [Source: 1933 Pa. Laws 1563]
ARTICLE XVI, SECTION 7. AMENDMENT
OF NOVEMBER 6, 1956 Stocks and Bonds. Increase Indebtedness. Section
7. No corporation shall issue stocks or bonds except for money, labor
done, or money or property actually received; and all fictitious increase
of stock or indebtedness shall be void. The stock and indebtedness of
corporations shall not be increased except in pursuance of general law.
[Source: 1955 Pa. Laws 2057]
ARTICLE XVI, SECTION 11. AMENDMENT
OF NOVEMBER 2, 1920 Incorporation of Banks and Trust Companies. Section
11. The General Assembly shall have the power by general law to provide
for the incorporation of banks and trust companies, and to prescribe
the powers thereof. [Source: 1919 Pa. Laws 1238]
ARTICLE XVII. REPEALED ON MAY
16, 1967 [Source: 1967 Pa. Laws 1053]
ARTICLE XVII, SECTION 3.
AMENDMENT OF NOVEMBER 7, 1933 Equal Transportation Rights. Section 3.
All individuals, associations and corporations shall have equal rights
to have persons and property transported over railroads and canals, and
no undue or unreasonable discrimination shall be made in charges for,
or in facilities for, transportation of freight or passengers within
the State or coming from or going to any other State. [Source: 1933 Pa.
Laws 1561]
ARTICLE XVII, SECTION 8. AMENDMENT
OF NOVEMBER 6, 1923 Granting of Passes Limited. Section 8. No railroad,
railway, or other transportation company shall grant free passes, or
passes at a discount, to any person except officers or employes of the
company and clergymen. [Source: 1923 Pa. laws 1119]
ARTICLE XVIII, TITLE.
AMENDMENT OF MAY 16, 1967 [Source: 1967 Pa. Laws 1052] ARTICLE XVIII,
AMENDMENTS
ARTICLE XVIII, SECTION 1.
AMENDMENT OF MAY 16, 1967 Section 1. Proposal of Amendments by the General
Assembly and Their Adoption. Amendments to this Constitution may be proposed
in the Senate or House of Representatives; and if the same shall be agreed
to by a majority of the members elected to each House, such proposed
amendment or amendments shall be entered on their journals with the yeas
and nays taken thereon, and the Secretary of the Commonwealth shall causes
the same to be published three months before the next general election,
in at least two newspapers in every county in which such newspapers shall
be published; and if, in the General Assembly next afterwards chosen,
such proposed amendment or amendments shall be agreed to by a majority
of the members elected to each House, the Secretary of the Commonwealth
shall cause the same again to be published in the manner aforesaid; and
such proposed amendment or amendments shall be submitted to the qualified
electors of the State in such manner, and at such time at least three
months after being so agreed to by the two Houses, as the General Assembly
shall prescribe; and, if such amendment or amendments shall be approved
by a majority of those voting thereon, such amendment or amendments shall
become a part of the Constitution; but no amendment or amendments shall
be submitted oftener than once in five years. When two or more amendments
shall be submitted they shall be voted upon separately. (a) In the event
a major emergency threatens or is about to threaten the Commonwealth
and if the safety or welfare of the Commonwealth required prompt amendment
of this Constitution, such amendments to this Constitution may be proposed
in the Senate or House of Representatives at any regular or special session
of the General Assembly, and if agreed to by at least two-thirds of the
members elected to each House, a proposed amendment shall be entered
on the journal of each House with the yeas and nays taken thereon and
the official in charge of statewide elections shall promptly publish
such proposed amendment in at least two newspapers in every county in
which such newspapers are published. Such amendment shall then be submitted
to the qualified electors of the Commonwealth in such manner, and at
such time, at least one month after being agreed to by both Houses as
the General assembly prescribes. (b) If an emergency amendment is approved
by a majority of the qualified electors voting thereon, it shall become
part of this constitution. When two or more emergency amendments are
submitted they shall be voted on separately. [Source: 1967 Pa. Laws 1052]
AMENDMENT OF NOVEMBER 2,
1915. The legislature failed to designate any article or section for
this amendment. Registering, Transferring, Insuring and Guaranteeing
Land Titles. Laws may be passed providing for a system of registering,
transferring, insuring of and guaranteeing land titles by the State,
or by the counties thereof, and for settling and determining adverse
or other claims to and interest in lands the titles to which are so registered,
transferred, insured, and guaranteed; and for the creation and collection
of indemnity funds; and for carrying the system and powers hereby provided
for into effect by such existing courts as may be designated by the Legislature,
and by the establishment of such new courts as may be deemed necessary.
In matters arising in and under the operation of such system, judicial
powers, with right of appeal, may be conferred by the Legislature upon
county recorders and upon other officers as designated. Such laws may
provide for continuing the registering, transferring, insuring, and guaranteeing
such titles after the first or original registration has been perfected
by the courts, and provision may be made for raising the necessary funds
for expenses and salaries of officers, which shall be paid out of the
treasury of the several counties. [Source: 1915 Pa. Laws 1104]
Formerly an unnumbered
section. Renumbered as ARTICLE III, Section 21. AMENDMENT OF MAY 16,
1967 Land Title Registration. Section 21. Laws may be passed providing
for a system of registering, transferring, insuring of and guaranteeing
land titles by the State, or by the counties thereof, and for settling
and determining adverse or other claims to and interest in lands the
titles to which are so registered, transferred, insured, and guaranteed;
and for the creation and collection of indemnity funds; and for carrying
the system and powers hereby provided for into effect by such existing
courts as may be designated by the Legislature, and by the establishment
of such new courts as may be deemed necessary. In matters arising in
and under the operation of such system, judicial powers, with right of
appeal, may be confer red by the Legislature upon county recorders and
upon other officers as designated. Such laws may provide for continuing
the registering, transferring, insuring, and guaranteeing such titles
after the first or original registration has been perfected by the courts,
and provision may be made for raising the necessary funds for expenses
and salaries of officers, which shall be paid out of the treasury of
the several counties.[Source: 1967 Pa. Laws 1037]
|