The sad and unexpected passing of state Representative Dick Hess left vacancies in the 78th District House seat and the chairmanship of the House Transportation Committee.
This week Speaker of the House Sam Smith announced a special election will be held on January 28, 2014 in the House’s 78th District to fill the seat until November 30, 2014, which is the remainder of the term for which Representative Hess was elected. The seat is made up of all of Fulton County and parts of Huntingdon and Bedford counties. Some have asked why not set the special election in conjunction with the municipal elections scheduled for November 5, 2013 to save time and money.
Pennsylvania’s Election Code requires that special elections for the House be scheduled by the Speaker of the House with issuance of a formal writ of election within 10 days of the occurrence of a vacancy. A writ is a document sent to county officials ordering the special election. Under the Election Code, the date for a special election must be at least 60 days from the date of the issuance of the writ.
In the case of the 78th District, the November municipal elections were exactly 60 days from the day Representative Hess died, making a special election in conjunction with the November 5, 2013 election impossible. It is believed the Speaker chose the end of January to avoid holding an election in the middle of the winter holidays.
The special election will be based on the current legislative map, rather than the new redistricted one which does not take effect prior to the 2014 election cycle. It’s important to note that the person who is elected to the seat in the special election will face re-election in less than 4 months in the 2014 Primary Election and that election will be based on the new district lines.
Who will take over the chairmanship of the House Transportation Committee? This is a question that will also be answered by Speaker Smith, but according to House Republican spokesperson Steve Miskin, there is no immediate plan for the position. The new committee chair will be chosen from among the senior members of the House Republican Caucus and could trigger the reshuffling of other committee chair positions. The House Transportation Committee is currently a hotbed of activity and attention given the focus on passing a transportation/infrastructure package – so we will wait to see what will happen as the legislature prepares to come back into session on Monday, September 23.