Substantively, Act 44 ties the salaries of legislators to the salaries of member of the United States House and Senate thus delegating legislative authority to the US Congress. This violates Article II, Section 1 of the Pennsylvania Constitution which vests legislative power in the General Assembly. Act 44 also provides additional salary for service upon a committee and authorizes a mid term pay raise in the form of “unvouchered expenses”. These provisions violate Article II, Section 8 of the Pennsylvania Constitution prohibiting mid-term pay raises and added pay for additional legislative responsibilities.

Procedurally the manner of enactment violates Article III, Section 1, 2 and 4 the PA Constitution providing that laws are to be passed only through bills having one purpose, one subject and after three days of consideration in both the House and Senate and that no amendment can change the original purpose of a bill. In contrast Act 44 was enacted after an unrelated bill that had gone through the usual legislative process, but which contained sections not agreed to by both the House and Senate, was referred for resolution to a conference committee composed entirely of the majority and minority leadership of the Pennsylvania House and Senate. The committee stripped the bill of its original language, substituted the pay raise provisions, and then immediately presented it to the floors of the Senate and House for a vote under a rule prohibiting any amendment. Therefore, the vast majority of the General Assembly had little or no warning of “the pendency of this measure’s new subject matter and little or no time to actually read or vote on the legislation with circumspection.”

The suit is being brought in federal court because the plaintiffs “allege violation of their rights to freedom of speech, due process ad equal protection of law guaranteed under the First, Fifth and Fourteenth Amendments to the United States Constitution.” The improper process referred to above intentionally inhibited Plaintiffs’ First Amendment right to political speech to oppose passage.” Furthermore, in addition to raising legislative salaries, Act 44 also raises judicial salaries and contains a non-severability clause meaning that if one part is found unconstitutional then the whole act is invalidated. This violates “plaintiff’s right to a fair hearing before an impartial tribunal as guaranteed under the Fifth and Fourteenth Amendments.”

LWVPA has joined this lawsuit because we believe that democratic government depends upon the informed and active participation of citizens in government. We believe government bodies must protect the citizen’s right to know by giving adequate notice of proposed action, holding open meetings, and making public records accessible. The way in which the pay raise was enacted is just the most recent example of a legislative process that violates all of these measures of open, accountable government.

This lawsuit asks the federal courts to order the Commonwealth to stop enacting legislation by “means that deprive citizens of the rights to equal protection and due process” and “that inhibit and deprive citizens of their right to freedom of political speech.” A victory will force much-needed reform in the way our state government conducts the peoples business.

The need for reform extends to the state courts which have repeatedly failed to strike down legislation enacted in violation of procedures set forth in the constitution. A recent example is the League’s failed lawsuit to invalidate Act 71, the bill legalizing slot machine gambling.

What needs to be done?

1.    Ending practices such as the so called “public service announcements” and “legislative initiative grants” by which legislators use taxpayer money to advance legislators reelection prospects.

2.    Enacting comprehensive campaign finance reform,. Currently state law places no limits on the amount candidates for public office can receive in contributions and spend on their campaigns.

3.    Amending the Constitution to put reapportionment of legislative and congressional districts in the hands of a non partisan commission.

How can this be done?

What can citizens do?