ARTICLE
11 April 2016

PA Judicial Mandatory Retirement Ballot Question Likely To Be Deferred To November Election

Currently the following ballot question is on the ballot for the April 26th primary:
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Currently the following ballot question is on the ballot for the April 26th primary:

Shall the Pennsylvania Constitution be amended to require that justices of the Supreme Court, judges, and justices of the peace (known as magisterial district judges) be retired on the last day of the calendar year in which they attain the age of 75 years, instead of the current requirement that they be retired on the last day of the calendar year in which they attain the age of 70?

The Pennsylvania House and Senate are concerned about the proposed wording of the amendment. They have proposed the following revised wording:

Shall the Pennsylvania Constitution be amended to require that justices of the Supreme Court, judges, and magisterial district judges be retired on the last day of the calendar year in which they attain the age of 75 years?

However, there is not enough time to publish the revised wording for the revised ballot question to appear on the primary ballot on April 26th. Thus, by joint resolution the House and Senate are proposing that the question be removed from the April primary, and that the revised question appear on the ballot for the general election on November 8th. The reasoning is as follows:

  • The question as written is confusing;
  • There are over 1 million voters who have not registered with a party;
  • The 1 million voters might not realize that they can vote on the ballot question since they normally cannot vote in a primary;
  • If the question is moved to the general election then all registered voters will be encouraged to vote on the question.The joint resolution is moving through the process and will likely be voted on shortly in order for the ballot question to be changed and for it to be removed from the primary ballot to the general election ballot.

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