PHILADELPHIA (KYW Newsradio) — The agency that helps state lawmakers draft legislation has added another layer of confusion about who is in charge in the Pennsylvania House.
Democrats are claiming the majority in the upcoming session, saying they won 102 of the 203 seats in last month’s election. But former state Rep. Anthony DeLuca died right before the 2022 midterm election, before his name could be taken off the ballot.
The Legislative Reference Bureau says prior case law indicates that seat cannot be counted if that member is not alive.
Democrats will be down three members as they enter the new session, as two others resigned after they won higher office. This leaves Republicans and Democrats tied heading into the next session with 101 members each.
The Bureau makes it clear their opinions are advisory-only and are not legally binding.
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All 203 house members were scheduled to be sworn in on Jan. 3, 2023, when they would then vote for a new speaker.
But Democratic floor leader Joanna McClinton took the unusual step of having herself sworn in earlier, and said that since she is majority leader, she’s the acting speaker. McClinton scheduled the special elections for all three seats on Feb. 7, 2023.
However, Republicans cried foul, calling it a “paperwork insurrection” and “an illegitimate power grab.”