For the first time in memory, the door to the Pennsylvania House chamber has been ordered locked when not in session. Democratic House Speaker Mark Rozzi issued the order after House Republicans shared a photo of them sitting in their places Monday, ready to work in a special session called by exiting Democrat Gov. Tom Wolf. Next to Republicans was an empty half chamber, unfilled chairs, where Democrats normally sit.
“Pursuant to House customs and precedents, the Speaker is charged with maintaining order and decorum in the House of Representatives. On the evening of Monday, January 9, 2023, decorum was breached when a caucus used the chamber for a publicity stunt,” Rozzi wrote in a note to House members. “The House of Representatives is a sacred chamber to be used for conducting the people’s business, not for partisan gamesmanship. To prevent future breaches of decorum, I have ordered the doors of the house to be locked when the house is not in session. …We collectively can and must do better. Let us tone down the partisanship and sincerely work together to move Pennsylvania forward.”
Wolf requested the special session of the General Assembly—House and Senate—to ask them to propose a constitutional amendment to retroactively extend the timeline for victims of childhood sexual abuse to file civil actions.
Majority Rules
The Pennsylvania House is stuck in a holding pattern while a nasty power struggle over leadership plays out.The balance of power matters because the majority party dictates which legislation is considered in committees and brought to the floor for full House consideration. Unless parties are willing to compromise, it can be tough for the minority to advance items on its agenda.
Last Session, the House had a solid Republican majority, but now it is in an unusual position.
After the November election, the House had 101 Republican and 102 Democrat seats; a thin Democrat majority that met with enthusiasm from the party that had been stuck in the minority since 2011.
Democrats named Rep. Joanna McClinton as party leader.
But one Democrat seat was empty because longtime Democrat Rep. Anthony M. “Tony” DeLuca died after the ballots were printed. Voters chose him posthumously. And two other seats were immediately vacated by candidates who ran for two offices and left their House seats for higher offices. Democratic Rep. Austin Davis is now lieutenant governor, and Democratic Rep. Summer Lee is now in Congress.
With three vacant seats, the House had 99 Democrats and 101 Republicans and three open seats. That gave Republicans the majority, but Democrats have said, the voters have indicated that they want Democrats to rule. The vacant seats are in Democrat stronghold districts.
McClinton called for a special election in February, but Cutler challenged that in Commonwealth Court, saying she did not have that authority because McClinton was not a majority leader when she called for the special elections.
The Pennsylvania Legislative Reference Bureau issued an opinion in December saying Democrats do not hold a majority.
Cutler asked the court to prevent the Feb. 7 special elections, which, he says in court papers, could be an illegal election.
The Department of State has already begun administering the special election. Democrats argue many Pennsylvanians will be without representation for too long without the special election.
Republicans wanted to delay the special elections so they can start the session in the majority, but so far that is not working out for them.
Rozzi Asked to Step Down
Last week the House voted for Mark Rozzi as the next Speaker of the House. Rozzi, a Democrat, was nominated by his friend, Republican Rep. Jim Gregory. Both men were victims of childhood sexual abuse and have been eager to pass that constitutional amendment to retroactively extend the timeline for victims of childhood sexual abuse to file civil actions—the action Wolf urged the General Assembly to tackle in a special session. There is a timeline and a sense of urgency for this proposal to pass both chambers and to be advertised to the public as a statewide ballot item. If the timeframe is not met, the measure will die. It would take years for a chance to get it in front of voters again.When Rozzi accepted the speakership, he declared he would act as an Independent, and caucus with neither party.
That now makes it 101 Republicans, 98 Democrats, and one Independent. And if all three vacant seats go Democrat, the House would be evenly split, plus one Independent.
However, in a Jan. 9 letter, Gregory asked Rozzi to step down from the speaker position, saying Rozzi had promised Gregory he would switch to Independent, but that once he had the gavel, Rozzi told Gregory that he had only been thinking about switching.
“The bonds of trust between friends—as close as you and I have been—are now broken,” Gregory wrote. “As a result of your broken promises, I must sadly and respectfully ask for you to immediately resign the office of Speaker.”
Senate Actions
With the House drama as a backdrop, the Republican-led Senate Wednesday approved three constitutional amendments.They are a requirement for the Auditor General’s office to audit every election; to allow the General Assembly to change regulations by a majority vote, instead of a two-thirds vote as a workaround for a governor’s veto; and the amendment to retroactively extend the timeline for victims of childhood sexual abuse to file civil actions.
If it can function, the House would have to approve all three to get on the ballot.
Wolf, apparently not pleased, issued a short statement.
“It’s time to stop the games, put everything else aside, and work together to get the statute of limitations amendment on the ballot this May,” Wolf wrote. “This special session is meant to provide a mechanism to help prevent this bipartisan issue from becoming entangled with partisan topics. Last fall, we promised action to get this done. I’m asking Republican and Democratic leaders in the General Assembly to complete this vital work. Answer the call you signed up for as elected officials and public servants. Pennsylvania is waiting.”
