"Resign-to-Run" Ballot Question Approved for May 20, 2014 Election

(Resolution No. 130715-A)
RESOLUTION
Proposing an amendment to the “resign to run” provision of the Philadelphia Home Rule Charter so that City elected officials may become candidates for nomination or election to public office without first resigning from their City office, under certain terms and conditions, and providing for the submission of the amendment to the electors of Philadelphia.
WHEREAS, Under Section 6 of the First Class City Home Rule Act (53 P.S. §13106), an amendment to the Philadelphia Home Rule Charter may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now, therefore,
RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA,
That the following amendment to the Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by ordinance:
ARTICLE III
EXECUTIVE AND ADMINISTRATIVE BRANCH – ORGANIZATION
* * *
CHAPTER 4
TERMS OF OFFICE
§3-400. Mayor

The Mayor shall serve for a term of four years beginning on the first Monday of January following his election. He shall not be eligible for election for more than two successive terms; and he shall not during his term of office be a candidate for any other elective office whatsoever. Should he announce his candidacy for any other office, he shall be automatically disqualified to continue to serve as Mayor, and the office shall be deemed vacant.
* * *
ARTICLE X
PROHIBITED ACTIVITIES OF COUNCILMEN, CITY OFFICERS, EMPLOYEES
AND OTHERS, AND PENALTIES
* * *
§10-107. Political Activities.
(5) No officer or employee of the City, except an elected officers official running for reelection, shall be a candidate for nomination or election to any public office unless he shall have first resigned from his then office or employment. No such elected official shall be on a ballot for election to more than one office at any time.
* * *
APPENDIX
* * *
CHAPTER A-2
§A-200. Schedule.
* * *
(10) The amendment to section 3-400 and subsection 10-107(5), relating to elected officers running for public office, shall take effect January 1, 2016.
* * *
Note:

Strikethrough indicates matter deleted by this amendment.
Italics indicates matter added by this amendment.

 

(Bill No. 130701-AA)
AN ORDINANCE
Providing for the submission to the qualified electors of the City of Philadelphia of an
amendment to The Philadelphia Home Rule Charter to permit City elected officials to
become candidates for nomination or election to public office without first resigning from
their City office, under certain terms and conditions; fixing the date of a special election
for such purpose; prescribing the form of ballot question to be voted on; and authorizing
the appropriate officers to publish notice and to make arrangements for the special
election.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. There shall be submitted for the approval or disapproval of the qualified
electors of the City of Philadelphia at the election to be held May 20, 2014, an

amendment to The Philadelphia Home Rule Charter relating to City elected officials
becoming candidates for public office. The proposed amendment is contained in
Resolution No. 130715-A, approved by Council on January 30, 2014, and filed in the
Office of the Clerk of Council.
SECTION 2. There shall be placed on the ballot the following question to be answered
“Yes” or “No” by the qualified electors participating in the election:
Shall The Philadelphia Home Rule Charter be amended so that effective
January 1, 2016, an elected official of the City may become a candidate
for nomination or election to a different public office without first
resigning from his or her current office, the same as state and federal
elected officials, but may not run for re-election to his or her current office
in the same election?
SECTION 3. The Clerk of Council is hereby directed to have printed in pamphlet form,
in sufficient number for general distribution, the proposed amendment to The
Philadelphia Home Rule Charter as set forth in Resolution No. 130715, together with the
ballot question set forth in Section 2 of this Ordinance.
SECTION 4. The Clerk of Council is hereby directed to cause to be published in three
(3) newspapers of general circulation in the City and in the Legal Intelligencer the
proposed amendment to The Philadelphia Home Rule Charter, together with the ballot
question set forth in Section 2 of this Ordinance, once a week during the three (3) weeks
preceding the election on May 20, 2014; and further, at such other time and in such other
manner as he may consider desirable.
SECTION 5. The Mayor is hereby authorized and directed to issue a proclamation giving
at least thirty (30) days’ notice of such election. The Clerk of Council shall cause a copy
of the proclamation to be published, together with the notice provided for in Section 4 of
this Ordinance.
SECTION 6. The appropriate officers are authorized and directed to take such action as
may be required for the holding of an election on the ballot question set forth in Section 2
of this Ordinance as provided for by the laws of the Commonwealth of Pennsylvania.

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