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§ 8. Appointing power

Purdon's Pennsylvania Statutes and Consolidated StatutesConstitution of the Commonwealth of Pennsylvania

Purdon's Pennsylvania Statutes and Consolidated Statutes
Constitution of the Commonwealth of Pennsylvania (Refs & Annos)
Article IV. The Executive
Const. Art. 4, § 8
§ 8. Appointing power
(a) The Governor shall appoint a Secretary of Education and such other officers as he shall be authorized by law to appoint. The appointment of the Secretary of Education and of such other officers as may be specified by law, shall be subject to the consent of two-thirds or a majority of the members elected to the Senate as is specified by law.
(b) The Governor shall fill vacancies in offices to which he appoints by nominating to the Senate a proper person to fill the vacancy within 90 days of the first day of the vacancy and not thereafter. The Senate shall act on each executive nomination within 25 legislative days of its submission. If the Senate has not voted upon a nomination within 15 legislative days following such submission, any five members of the Senate may, in writing, request the presiding officer of the Senate to place the nomination before the entire Senate body whereby the nomination must be voted upon prior to the expiration of five legislative days or 25 legislative days following submission by the Governor, whichever occurs first. If the nomination is made during a recess or after adjournment sine die, the Senate shall act upon it within 25 legislative days after its return or reconvening. If the Senate for any reason fails to act upon a nomination submitted to it within the required 25 legislative days, the nominee shall take office as if the appointment had been consented to by the Senate. The Governor shall in a similar manner fill vacancies in the offices of Auditor General, State Treasurer, justice, judge, justice of the peace1 and in any other elective office he is authorized to fill. In the case of a vacancy in an elective office, a person shall be elected to the office on the next election day appropriate to the office unless the first day of the vacancy is within two calendar months immediately preceding the election day in which case the election shall be held on the second succeeding election day appropriate to the office.
(c) In acting on executive nominations, the Senate shall sit with open doors. The votes shall be taken by yeas and nays and shall be entered on the journal.


Amended Nov. 2, 1909; May 16, 1967; May 20, 1975; May 16, 1978.


Reference to “justice of the peace” deemed to be reference to magisterial district judge, pursuant to 2004, Nov. 30, P.L. 1618, No. 207, § 28(1).
Const. Art. 4, § 8, PA CONST Art. 4, § 8
Current through Nov. 8, 2022, General Election.
End of Document