Laws governing local ballot measures in Pennsylvania
This article sets out the laws governing local ballot measures in Pennsylvania. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 66 counties, 2,559 cities, towns, and villages, and 1,712 special districts.[1]
Note: Philadelphia County operates under a consolidated government with the city of Philadelphia.
School districts
Pennsylvania requires a bond election in order to exceed the property tax ceiling or issue new bonding. There are two major laws governing school finance in Pennsylvania. The Pennsylvania Special Session Act of 2006 covers the property tax ceiling. School districts are required to have a referendum if borrowing exceeds a certain index. Set by the Pennsylvania Department of Education, this index is updated every year. However, there are causes, including court orders and emergencies, that exempt districts from the law. Also, the cities of Pittsburgh, Philadelphia, and Scranton are exempt from the 2006 law.
The Pennsylvania Local Government Unit Debt Act of 1996 covers all bond issues in the State of Pennsylvania. Both laws differ on the required notice for a election and the mandatory period between the approval of a resolution by a school district and the election. Under the 1996 act, there is a mandatory cooling-off period of 155 days for re-issuing a bond question. The Special Session Act of 2006, however, does not mandate a cooling-off period before re-issuing ballot questions on the property tax ceiling.
Initiative process availability
Counties
All of Pennsylvania's seven charter counties have charter amendment by initiative.[2]
Cities
Charter amendment by initiative is available in each of Pennsylvania's 65 charter cities. In addition, the state's 37 third class cities enjoy a limited initiative process.[2]
Initiative process features
A guide to local ballot initiatives | |
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Charter Cities and Counties
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Third-Class Cities
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Authority
Ballot Law Portal |
Laws Governing Ballot Measures |
Constitution
The Pennsylvania Constitution does not address the local initiative process.
Statutes
The Pennsylvania Consolidated Statutes provide for initiated charter amendments in the state's charter cities. In addition, the Third Class City Code provides for a highly limited initiative process in third class cities.
See law: Pennsylvania Consolidated Statutes, Title 53, Chapter 29, Subchapter C & Third Class City Code, Article X, (b)
Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
Initiative process in the top 10 most populated cities
Of the top ten most populated cities in Pennsylvania, only two, Allentown and Scranton, have individual provisions for ordinance initiative beyond what is established in state law.
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See also
- Laws governing ballot measures
- Laws governing local ballot measures
- Local ballot measures, Pennsylvania
- Counties in Pennsylvania
External links
- Ballotpedia Research Document, Local Initiative in Pennsylvania
- Pennsylvania Municipal League
- Commonwealth of Pennsylvania, The Pennsylvania Manual, Volume 120, 2011
- Governor’s Center for Local Government Services, Referendum Handbook, 8th Edition, January 1999
- Governor’s Center for Local Government Services, City Government in Pennsylvania Handbook, 2nd Edition, January 2002
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ 2.0 2.1 Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ Pennsylvania Department of State, "Instructions for Circulating Nomination Petitions," 2012
- ↑ 4.0 4.1 US Census, Annual Estimates of the Resident Population for Incorporated Places in Pennsylvania: April 1, 2010 to July 1, 2011
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