Pennsylvania Supreme Court Invalidates Constitutional Amendment for Violating the “Single-Subject” Rule

On December 21, the Pennsylvania Supreme Court invalidated a state constitutional amendment that the legislature had put on the 2019 ballot, on the grounds that it violated the “single-subject” rule. League of Women Voters of Pennsylvania v DeGraffenreid. The measure had passed with 74% of the vote. The Supreme Court vote was 6-1. Here is the majority opinion.

The amendment was called the “victim’s rights amendment”. It said victims of crime have the right to take part in public proceedings concerning the criminal justice proceedings against the accused. It said the courts should consider the victim’s safety when the court makes a decision about bail for the accused; that reasonable protection from the accused should be granted to the victim. It made provision for restitution and return of property belonging to the victim; and provisions to minimize delay in the criminal proceedings.

Although initiatives frequently have trouble with state provisions that the initiative be a single subject, it is rare for courts to invalidate constitutional amendments that the legislature placed on the ballot under single-subject rules.


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