Pennsylvania Prison Society v. Commonwealth

NIGRO, Justice,

concurring and dissenting.

I agree with the majority that the ballot question violated the separate vote requirement of Article XI, Section 1 of the Pennsylvania Constitution. I am compelled to dissent, however, because I do not believe that this constitutional violation should be excused on the basis-that the second amendment, eliminating the language in Article IV, Section 9 that required two-thirds of the Senate to consent to the Governor’s Board appointments, did not actually modify the Senate’s power. Regardless of whether or not the amendment actually modified the Senate’s power, the ballot question at issue proposed multiple amendments to the electorate and such a practice clearly violates Article XI, Section l.1

. As this Court stated in Bergdoll v. Kane, 557 Pa. 72, 731 A.2d 1261, 1262 (1999), “[t]he Constitution is specific in providing a complete and detailed process for the amendment of that document .... [and] [nothing short of literal compliance with this mandate will suffice." 557 Pa. at 87, 731 A.2d at 1270. Moreover, the constitutional requirement that amendments be voted upon separately is integral to insuring that voters have an adequate opportunity to express their will concerning modifications to the fundamental law of our Commonwealth. See Commonwealth ex rel. v. Beamish, 309 Pa. 510, 164 A. 615 (1932); Pennsylvania Prison Society v. Commonwealth of Pennsylvania, 727 A.2d 632, 634-35 (Pa.Cmwlth.1999).