Pennsylvania court rules victims’ rights ballot measure unconstitutional News
DEZALB / Pixabay
Pennsylvania court rules victims’ rights ballot measure unconstitutional

The Commonwealth Court of Pennsylvania found on Thursday that the Victims’ Rights Amendment—passed by voters in November 2019—violated Article XI, Section 1 of the Pennsylvania Constitution.

The League of Women Voters of Pennsylvania along with Lorraine Haw, a registered voter, sued Kathy Boockvar, Secretary of the Commonwealth, to prevent Boockvar from certifying the amendment, known as Marsy’s Law. The amendment would have added multiple new, independent rights for victims of a crime to Article I of the Pennsylvania Constitution.

Judge Ceisler explained that the proposed amendment was unconstitutional because it encompassed multiple subjects, violating Article XI, Section 1 of the Pennsylvania Constitution, which provides, “[w]hen two or more amendments shall be submitted they shall be voted upon separately.” Pennsylvania courts have interpreted this provision to mean that the electorate should be able to vote “yes” to the provisions they approve and “no” to the provisions they oppose. Overall, the proposed amendment did not satisfy this constitutional requirement.

The Proposed Amendment impermissibly extends new powers to the General Assembly in violation of the Constitution and facially and substantially amends multiple existing constitutional articles and sections pertaining to multiple subject matters that are not sufficiently interrelated to be voted upon as a single constitutional amendment.

The court concluded that all votes for the proposed amendment are invalid and ordered Boockvar not to tabulate or certify any of the votes.