Politically motivated attack piece won’t help Lancaster County students

By Senators Ryan P. Aument and Scott Martin

A recent opinion editorial in LNP made several wildly false accusations about our policy positions pertaining to education. We welcome the opportunity to set the record straight.

To be clear, we have both consistently supported measures that benefit all schools, including public schools. We both have family in the public education system. We both have loved ones who are current and former school teachers.

For someone to suggest that either one of us has ever voted against the interests of Lancaster County students and schools is both deeply inaccurate and incredibly offensive.

Every vote we take in the Senate Education Committee is based on the idea of supporting a quality education not just for children in Lancaster County, but also for the rest of Pennsylvania.

That means supporting many different pathways to learning. That means supporting students, not systems. That means supporting parents to make decisions for their children and put them in the best environment to learn.

Should we deny children with socioeconomic challenges the opportunity to better themselves? Do we turn a blind eye to children who are in an unsafe learning environment and have nowhere else to turn? Are we supposed to ignore the needs of children who might learn better in an online environment? What about children with special needs who might learn better in a school specifically designed for their unique needs?

The clear reality is that our public school system is not equipped to perfectly educate every child, and no amount of state funding will change that. For that reason, we should embrace alternative pathways to learning – not falsely portray them as a drain on public schools, as the op-ed does on multiple occasions.

Instead of addressing these issues in a fair and honest way, this misguided op-ed repeats numerous talking points that have been roundly debunked. For the record:

  • Pennsylvania schools are not underfunded. They have received billions upon billions in new funding in recent years, and PA ranks among the top in the nation in terms of total spending on education.
  • The Educational Improvement Tax Credit (EITC) Program does not defund public education in any way, shape or form – a fact the Department of Education confirmed during this year’s budget hearings.
  • There is ample evidence that school choice improves educational outcomes, both here in PA and throughout the country.

The authors’ useless rhetoric does nothing to further discussions on how to best meet the needs of students and meaningfully engage parents. It just recites dollars-and-cents arguments without context and repeats attacks on any attempts to educate children outside of the public school system.

Imagine the arrogance of thinking dollars spent on anything other than school districts is wasteful. Imagine the ignorance of thinking traditional public education is the ONLY education worth funding. Imagine manufacturing claims of defunding schools while the whole world knows they’re receiving billions upon billions of new dollars.

We have said it before, but it bears repeating: charter schools ARE public schools. They are not an enemy to be vilified and defeated. To do so would betray their mission of educating students who need more individualized learning options that public schools can’t provide.

As for our support for scholarships to help parents decide the best educational options for their kids, evidence throughout the country shows that competition breeds success. Cutting off that option will only hurt students of a lower socioeconomic status who could not attend a different school without getting a scholarship.

It is also important to note EITC dollars support public schools as well – not just private institutions.

It is also worth noting that they criticized Lifeline Scholarships that provide a way to help disadvantaged students in historically underperforming schools – a concept with broad public support and the backing of both the Democrat and Republican candidates for Governor.

As students now begin to emerge from the learning loss of the pandemic, now would be the worst time to take away the ability of Pennsylvania families to explore educational opportunities that best suit their learning needs.

Their op-ed also begs the question: if the authors are demanding assurances that new funding for charter schools and scholarships will yield educational improvements, why are they not demanding the same from our public school system?

The answer is simple: they already know it won’t.

Since Governor Wolf has been in office, the General Assembly has increased education spending in PA by $3.7 billion, yet there has been no meaningful increase in the number of public school students scoring proficient or advanced on PSSA and Keystone Exams – even before the pandemic.

We already know that throwing more money at the problem won’t solve anything. Some are just too stubborn to admit it.

Finally, the op-ed suggests we are not listening to the voice of our constituents. This laughable assertion represents a fundamental misunderstanding (or willful ignorance) of how we do our jobs. Unlike us, the authors obviously don’t want to listen to the historic number of parents pleading for better or safer opportunities to meet their children’s needs.

We both take pride in all the ways we engage our constituents, including town halls and numerous meetings throughout the year. This legislative session, the Senate Education Committee held four hearings on educational reforms and charter schools, and three hearings on COVID impacts on schools, among others.

As a result, we have both been elected and re-elected by strong majorities of our constituents. To be criticized now by political opportunists who couldn’t be bothered to utter a single word of opposition to Governor Wolf’s school closures, mandates and lockdowns – and all the damage these decisions inflicted on kids – will not change our viewpoints one iota.

We will continue to engage in meaningful discussions on these issues with parents, teachers and students. That won’t change because of self-appointed advocates sitting behind a desk, penning poorly contrived attack letters.

This op-ed first appeared in LNP on September 25, 2022. 

Op-Ed: Bipartisan Education Reforms Set Up Students For Success

By Sen. Scott Martin (R-13)

As a father, one of my highest priorities is ensuring my kids have real opportunities to chase their dreams and achieve whatever they can possibly imagine. Most parents I know share these same feelings.

To help all families meet those goals, state lawmakers need to make sound policy decisions that expand opportunity and give our young people the tools they need to succeed. Thankfully, a bipartisan package of education reforms enacted this year will do exactly that – putting our students on the right track toward a brighter future.

First and foremost, nothing is more important than ensuring our kids are safe from harm. As part of this year’s state budget, $200 million in new state dollars will be directed to school safety initiatives and student mental health; this represents the largest investment in school safety in Pennsylvania’s history.

Also, schools will also be required to incorporate school safety and security training for educators and administrators, giving parents the peace of mind to know every effort is being made to ensure their children are protected.

Supporting education also means encouraging new learning options, no matter where the instruction takes place. Record new funding for the state’s popular Educational Improvement Tax Credit (EITC) scholarship program will ensure more kids can learn in an environment that suits their unique educational needs, including both public and private schools.

For years, the EITC program had massive waiting lists, denying many students a chance to participate. The new funding should all but eliminate the backlog of families who want to explore different schooling options.

In addition, special provisions were included to expand participation and increase scholarship amounts for the economically disadvantaged schools program, opening up a world of new educational possibilities for students in low-income families.

While these changes are important, we also must recognize that we need great teachers in the classroom to help students reach their full potential. Recent news articles have pointed to a potential teacher shortage, threatening to create learning disruptions for our children.

We took the first steps toward attracting more quality educators to our schools by streamlining the process for out-of-state teachers to receive certification in Pennsylvania. This critical provision will help get teachers who move to Pennsylvania into the classrooms quicker without any unnecessary delays due to red tape.

Additionally, we extended continuing education requirements to ensure good educators aren’t taken out of the classroom when we need them most. We also created a new Committee on Education Talent Recruitment that will provide grants and other resources to ensure we get the best and brightest teachers in front of students.

With statewide graduation requirements going into effect this school year, I am proud the reforms also included a proposal I authored to create an alternative graduation pathway for students impacted by COVID-19.

One of the most important steps forward in education this year was the elimination of onerous regulations that would have shuttered many quality charter schools.

Charter schools offer unique educational opportunities for public school students throughout the state, filling needs that would otherwise be ignored. We need to foster this kind of innovation in the education community, not stifle it.

While we still have work to do to ensure all charter schools meet the highest levels of accountability and transparency, I am relieved that we took action to prevent the worst consequences that would have resulted from these policies – the loss of learning opportunities for students.

Providing a quality education to young people also means preparing them for the rigors of higher education and the workforce.

Lawmakers expanded dual enrollment so more high school students can enroll in higher education classes. This offers more young people a chance to earn college credits before high school graduation, better preparing them for college and allowing them to reduce the total cost of earning a degree.

A new Commission on Education and Economic Competitiveness will also be created to ensure schools offer students the tools they need to be competitive in the global economy and meet the needs of employers, both now and in the future.

Two other important provisions that I authored were also included in the final package of reforms. The measures will extend pilot programs for cosmetology and barber training to expand career training opportunities for students, allowing them to earn course credit and valuable experience working in salons and barber shops.

Each of these policies are important individually, but taken together, they encompass a giant leap forward for education in Pennsylvania — and a promise kept to our kids.

This op-ed originally appeared in LNP/LancsterOnline on Aug. 24, 2022.

Op-Ed: We Must Restore the Balance Between Pennsylvania Streams and the Chesapeake Bay

By House Speaker Rep. Bryan Cutler (R-100) and Sen. Scott Martin (R-13)

Lancaster County is blessed with some of the most productive farmland in the entire United States. With its fertile soil and sufficient rainfall, this farmland is the foundation of our local economy and culture. It has defined our region for over 400 years.

Not far south of Lancaster County is the Chesapeake Bay, the nation’s largest and most productive estuary. Its bounty supported the founding of our nation and an economy and culture of watermen and industry. 

It’s no coincidence that this most productive farmland and most productive estuary exist near one another, for they are inextricably linked by the Susquehanna River. 

For centuries, the farmlands of Lancaster County and the waters of the Chesapeake Bay co-existed in ecological balance with each other. But in the mid-1900s, profound changes began to occur.

Crop yields increased and human population grew, fish consumption grew and the balance began to unhinge. Now, oysters are at 1% of historic levels, blue crabs are barely sustainable and some days it is dangerous to swim in or eat from the Bay because of harmful algae and bacteria. 

The consequences of this imbalance are not limited to the bay. Statewide, one-third of Pennsylvania’s creeks are not safe for fishing, drinking or swimming. It’s even worse in Lancaster County, with over one-half of our local creeks not meeting clean water standards. 

The good news is that modern farming and healthy rivers, streams and the bay can co-exist. All corners of Lancaster County have examples of “best management practices” that are keeping soil and nutrients on the farmland – where they belong, instead of turning into pollution heading downstream. What’s needed is more widespread implementation. 

A unique partnership of local governments, non-profits and private companies, known as the Lancaster Clean Water Partners, have embraced a shared vision of clean and clear water in Lancaster County by 2040. This is a legacy worth pursuing. 

While the estimated cost of over $100 million per year is daunting, such expenses translate to investments: in local materials such as fencing and concrete, as well as local talent such as farmland conservation planners, heavy equipment operators and other skilled laborers, who are critical to success. 

Furthermore, these investments will benefit Lancaster County’s local farmers, by helping to keep them competitive in global markets. The community will benefit from these investments through improved recreational opportunities and quality of life. Another great benefit to these efforts is that they will help to also reduce the impacts of flooding which continue to plague many areas across the State.

In the Pennsylvania General Assembly, several bills are pending, with bipartisan support, to dedicate new funding to this effort at no additional cost to Pennsylvania taxpayers, using federal money provided to the Commonwealth for pandemic recovery. 

Senate Bill 832 and House Bill 1901 would create a new Clean Streams Fund to allocate $250 million for efforts across the state. These bills would also establish two new programs that would provide for administration of the dollars at the local level by county conservation districts, with guidance from a local oversight committee and create a Clean Water Procurement program, which directs some of these dollars to innovative and cost-effective projects.

We look forward to working with our colleagues from across the state to finally turn the corner toward restoring a balance between productive, healthy farmlands and productive healthy waters throughout our Commonwealth.

 

CONTACT: Terry Trego (Martin); Mike Straub (Cutler)

 

Op-Ed: We Must Restore the Balance Between Pennsylvania Streams and the Chesapeake Bay

By House Speaker Rep. Bryan Cutler (R-100) and Sen. Scott Martin (R-13)

Lancaster County is blessed with some of the most productive farmland in the entire United States. With its fertile soil and sufficient rainfall, this farmland is the foundation of our local economy and culture. It has defined our region for over 400 years.

Not far south of Lancaster County is the Chesapeake Bay, the nation’s largest and most productive estuary. Its bounty supported the founding of our nation and an economy and culture of watermen and industry. 

It’s no coincidence that this most productive farmland and most productive estuary exist near one another, for they are inextricably linked by the Susquehanna River. 

For centuries, the farmlands of Lancaster County and the waters of the Chesapeake Bay co-existed in ecological balance with each other. But in the mid-1900s, profound changes began to occur.

Crop yields increased and human population grew, fish consumption grew and the balance began to unhinge. Now, oysters are at 1% of historic levels, blue crabs are barely sustainable and some days it is dangerous to swim in or eat from the Bay because of harmful algae and bacteria. 

The consequences of this imbalance are not limited to the bay. Statewide, one-third of Pennsylvania’s creeks are not safe for fishing, drinking or swimming. It’s even worse in Lancaster County, with over one-half of our local creeks not meeting clean water standards. 

The good news is that modern farming and healthy rivers, streams and the bay can co-exist. All corners of Lancaster County have examples of “best management practices” that are keeping soil and nutrients on the farmland – where they belong, instead of turning into pollution heading downstream. What’s needed is more widespread implementation. 

A unique partnership of local governments, non-profits and private companies, known as the Lancaster Clean Water Partners, have embraced a shared vision of clean and clear water in Lancaster County by 2040. This is a legacy worth pursuing. 

While the estimated cost of over $100 million per year is daunting, such expenses translate to investments: in local materials such as fencing and concrete, as well as local talent such as farmland conservation planners, heavy equipment operators and other skilled laborers, who are critical to success. 

Furthermore, these investments will benefit Lancaster County’s local farmers, by helping to keep them competitive in global markets. The community will benefit from these investments through improved recreational opportunities and quality of life. Another great benefit to these efforts is that they will help to also reduce the impacts of flooding which continue to plague many areas across the State.

In the Pennsylvania General Assembly, several bills are pending, with bipartisan support, to dedicate new funding to this effort at no additional cost to Pennsylvania taxpayers, using federal money provided to the Commonwealth for pandemic recovery. 

Senate Bill 832 and House Bill 1901 would create a new Clean Streams Fund to allocate $250 million for efforts across the state. These bills would also establish two new programs that would provide for administration of the dollars at the local level by county conservation districts, with guidance from a local oversight committee and create a Clean Water Procurement program, which directs some of these dollars to innovative and cost-effective projects.

We look forward to working with our colleagues from across the state to finally turn the corner toward restoring a balance between productive, healthy farmlands and productive healthy waters throughout our Commonwealth.

CONTACT: Terry Trego (Martin); Mike Straub (Cutler)

Op-Ed: Inflation Excuses Miss the Point, Martin Says

No matter where we go, it’s impossible to escape inflation. The gas pump. The grocery store. The Christmas tree farm. No matter how uncomfortable or politically inconvenient, it’s an inevitable truth that everything we buy these days costs more.

Except, it is politically inconvenient for some to admit the fact that higher wages, stimulus checks and work bonuses – if you received any of those – somehow haven’t kept pace with rising prices. And denying the facts leaves those people no other option than to claim a conspiracy aimed at derailing President Biden’s multi-trillion dollar social spending spree. 

Yes, that’s a defense against those higher prices you see staring back at you from the grocery store shelves. First this inflation was supposed to be transitory, the result of pandemic-squeezed supply chains driving the price of goods skyward that would eventually unravel itself. Then it became a sign of growth, of positivity, of a nation roaring back to life after a once-in-a-century virus ground civilization to a halt for more than a year.

Now, as Americans struggle with the cost of food and electricity, policymakers and pundits alike, often without a shred of fiscal acumen, insist the concern about inflation has turned hysteric. It’s only bad news for the 1%, The Intercept says. It’s scaremongering, says The Washington Post. Sure, the consumer price index’s year-over-year spike may be the highest we’ve seen in 30 years, but really it’s not hurting the workers as much as it is the employers, says Vox.

Meanwhile, we brace for double digit energy price increases this winter. Manufacturers say supply chain disruptions will last deep into 2022. And the Biden spending plan, with its deceptive $1.7 trillion price tag, threatens to plunge us into a dreaded inflationary spiral that some of the most powerful people in this country refuse to even acknowledge, let alone prevent.

One need look no further than Pennsylvania’s own governor, who in the twilight of his reign, spends a lot of time berating Republicans for balking at demands to double the minimum wage or spend COVID relief money like it’s going out of style. 

Democrats here in Harrisburg and 120 miles away on Capitol Hill beat the same drum ad nauseum. The subtext of the criticism never changes: money will solve all of society’s problems and Republicans are too selfish to do anything about it.  

It’s easy to paint Republicans as cartoonishly greedy budget hawks when you leave out the effects of reckless spending – a budget hole so cavernous that no accounting gimmick on earth could ever hope to fill it.

It’s then, of course, that taxpayers are left holding the proverbial bag. It happened just a decade ago, when state lawmakers and Democratic Gov. Ed Rendell poured nearly $1 billion in one-time stimulus funds into public education that couldn’t be reproduced a year later without massive tax hikes few could afford. Students, especially in economically disadvantaged school districts, saw programs cut, class sizes grow, building maintenance deferred and learning opportunities depleted. 

The last thing any of us need is more economic policies built on delusions of grandeur. It’s time Gov. Tom Wolf and his likeminded allies, whether in the state or in Washington, acknowledge the mess they’ve made for millions of Americans, many of whom saw their lives crumble under the weight of draconian shutdowns and economic sanctions that lasted far too long.

Higher wages mean nothing when the value of the dollar continues to diminish. We must find a way to encourage economic growth and opportunity that doesn’t rely on massive, unsustainable government spending. What happens when those extra dollars stop coming? The very people these programs are meant to help will pay the highest price.

CONTACT: Terry Trego, 717-787-6535

Illogical Mandates Lead to Bad Health Outcomes for Kids

Senator Scott Martin – Op-ED

You know that Jim Collins Quote “Bad decisions made with good intentions are still bad decisions.”?

The COVID-19 policies pursued by Gov. Tom Wolf and his administration – not to mention President Joe Biden’s administration – have exemplified this axiom.

In fact, even The Philadelphia Inquirer, which hasn’t been very critical of the current governor or president, has reported about the negative unintended consequences of those policies, even as Wolf and others continue to pat themselves on the back for imposing them.

A story written within the past week by the Inquirer found that while beds are in short supply at the Children’s Hospital of Philadelphia (CHOP), fewer than a dozen patients within the 585-bed facility are there because they have the COVID-19 virus.

However, as the story notes, CHOP is overflowing with patients because of the pandemic.

Though the story didn’t go a step further, it could have: CHOP is filled to overflowing because of the policies imposed by certain elected officials.

The health care facility is dealing with a surge of respiratory syncytial virus (RSV), which CHOP’s chief medical officer Ron Keren told the Inquirer is due to “immunity debt.”

Children are normally exposed to RSV – and lots of other things – on a regular basis, helping most to develop immunity to those things.

But because they were cooped up for the better part of two years, with most not in school classrooms or being with other kids outside of school, they are far more vulnerable to these other viruses.

And just like the RSV situation, locking down our kids has made them targets for something that is hands-down more deadly to children than COVID-19: the seasonal flu.

The good news is children as young as 6-months-old can get a flu shot, but that doesn’t change the fact that many parents don’t get their kids vaccinated for the flu, and health care professionals like Keren are expressing concern about this year’s flu season.

Our elected officials claimed – and still claim – their data support their policies, that they did what was best for the kids by keeping them shut in their homes as schools were closed and normal childhood and adolescent interactions were vilified as “superspreader events.”

Keren told the Inquirer that CHOP is coping with a surge in hospitalizations of adolescents and younger children struggling with severe anxiety, depression and suicidal thoughts. Children with conditions such as autism are likewise experiencing problems caused by the disruptions, and isolation during the pandemic, Keren said.

What’s infuriating about the situation at CHOP, which is occurring at health care facilities around the nation, is that plenty of people warned of these consequences as the policies were being forced on all of us.

But people like the governor and the president said they knew better, that dissenting voices did not care about protecting lives, and that their policies were necessary to prevent the spread of the COVID-19 virus – even though the past 20 months in this state and around the world have shown the virus spreads regardless of the policies implemented, with only the timing of the virus’ impact different.

Sadly, those who questioned if those policies could accomplish the goals set by elected officials were silenced by portions of the political establishment.

At least someone is now drawing attention to the consequences of the actions taken in response to COVID-19, even if it should have come far sooner.

Op-ed: Watch Out for More Misinformation on Constitutional Amendments

As a result of a bill I authored with Senate Majority Leader Kim Ward and Senator John DiSanto, three potential amendments will appear on the ballot this spring to prohibit discrimination and improve the way the state responds to emergencies.

Although all three of these amendments are popular with voters, Governor Wolf and his allies are doing everything possible to derail the amendments pertaining to emergency declarations so he can continue to ignore the legislature and thumb his nose at the will of the people.

The sabotage effort began with the wording of the questions that will appear on the ballot. The language the Administration used has been widely criticized as being inaccurate, confusing and prejudicial (it absolutely is).

Efforts to torpedo these amendments continued in recent weeks with completely baseless claims from members of the Wolf Administration that passing these ballot questions would lead to lost food benefits to needy Pennsylvanians (they definitely would not).

Just last week, a Governor Wolf-supporting activist group sent out emails soliciting volunteers to participate in text banks to spread even more misinformation, including saying that the amendments would prevent a governor from acting quickly during an emergency (they most certainly do not).

We always anticipated that the governor and his supporters would advocate against these amendments. However, the depths to which they have sunk are staggering and disappointing.

The saddest part of the whole debate is that it should not be split along partisan lines. Democrats in New York are pursing similar measures to limit the power of their Democrat governor. Republicans in Ohio, Arkansas and other states have taken similar steps to limit emergency powers of their Republican governors.

The amendments are not about partisanship. They are focused entirely on ensuring we avoid the negative consequences of one person making all the decisions during an emergency, especially when they are misguided and lack collaboration (think nursing home response, lack of transparency  waiver programs, vaccine rollout, etc).

Still, no matter how many underhanded steps Governor Wolf and his allies take to retain their hold on power, I have confidence that voters will see through these deceptions and make an informed choice at the ballot box on May 18.

A YES vote means fewer disruptions in the lives of Pennsylvanians.

A YES vote means a more collaborative approach to protect lives and livelihoods during emergencies.

Most importantly, a YES vote means Pennsylvanians will never again be forced to endure the same kind of mismanagement and unintended consequences that we suffered under Governor Wolf’s unilateral rule.

 

CONTACT:   Terry Trego (717) 787-6535

Op-Ed: Employers are Fleeing California – and NOT Coming to Pennsylvania

A recent CNBC news report detailed the stories behind the 18,000 businesses that have left California in recent years to find refuge in states with more business-friendly tax and regulatory laws. It begs the question – why aren’t these businesses relocating to Pennsylvania?

Unfortunately, the Keystone State’s economic climate is honestly not much better than California’s. Our corporate tax rate is the third-highest in the country, and Governor Wolf’s budget proposals constantly threaten to raise taxes on small employers, energy companies and middle-class families. These polices not only fail to attract jobs and investment to Pennsylvania, but also has led to losing jobs here.

How can we expect to attract entrepreneurs from other states today when we are just three weeks removed from our governor calling for a 46 percent income tax increase on small employers and an energy tax that chases investment away from our communities? The unilateral carbon tax created by the governor as part of the Regional Greenhouse Gas Initiative only makes the situation worse.

Our state’s response to COVID-19 was similarly terrible for most employers. The data show that Governor Wolf closed too many employers in too many industries, and kept those businesses closed for too long. The latest employment figures demonstrate the economic devastation; from December 2019 to December 2020, Pennsylvania lost an estimated 370,000 jobs.

If we want to help our communities recover from COVID-19 and create an environment for job growth, we must work with our employers to support healthy economic policies, instead of allowing existing state policy and stubborn ideology to work against them.

Rather than accepting our current state of mediocrity and allowing us to languish among the worst business tax climates in the country, we should position our Commonwealth as a place of opportunity that creates quality jobs and remains a great place to live, learn, work and play. That means pursuing pro-growth policies that will send a strong message that Pennsylvania is open for business.

My colleagues and I have introduced several bills to accomplish these goals, including a bill I proposed to ban discriminatory project labor agreements; small business assistance measures proposed by Senator Ryan P. Aument; enacting small business reforms including like kind exchanges, net operating loss deductions and expense deductions; addressing the growing regulatory burdens and permitting process delays that create obstacles to economic growth; and providing immediate tax relief to businesses suffering as a result of the pandemic.

These bills and other employer-friendly tax and regulatory reforms could pave the way for Pennsylvania to emerge from COVID-19 stronger than ever before. Confronting these challenges now will not be easy, but it is critical to ensure our Commonwealth reaches its fullest potential, to grow and create more family-sustaining jobs and ensure we do not become another California.

CONTACT:  Terry Trego (717) 787-6535

Results Over Rhetoric

Senators Ryan Aument & Scott Martin 

Over the past few weeks, we have received many calls, emails, and letters raising concerns about the 2020 election. The overwhelming majority of these messages have been from our fellow Republicans who are concerned about the fairness of the presidential election in Pennsylvania.  We recognize that many voters are angry, confused, and anxious about the process to certify the election here in the Commonwealth.  We fully understand the frustration, as we have all witnessed one of the most tumultuous and polarizing elections in our nation’s history. So, it has been disappointing to see the spread of so much false information and the advocacy for unconstitutional solutions which only serve to escalate that confusion and anger.

To be sure, there were procedural mistakes made in this election. For months, we have publicly argued that Governor Wolf, Secretary Boockvar, and the Pennsylvania Supreme Court have acted outside of their constitutional authority.  While those procedural mistakes do not appear to have impacted the vote count enough to change the final election results, they still need to be addressed. Despite any claims to the contrary, the remedy for these abuses is in the courts and through prospective legislative changes. To that end, we have taken this fight all the way to the United States Supreme Court, and we are committed to continuing that fight.   

However, the recent effort to claim the legislature could, through the passage of a simple majority resolution, declare this presidential election in dispute and assign a new slate of electors contrary to the winner of the popular vote in Pennsylvania is simply false. 

It is true that the United States Constitution gives each state legislature the power to choose their electors; however, in 1937 Pennsylvania determined by law to do so by requiring electors be awarded to the certified winner of the statewide popular vote. Should the legislature wish to change this law, or choose electors in a different manner, such a change can only be made through the passage of legislation to implement a new law that would only affect future elections. 

There are many reasons why passage of a bill or resolution would not impact the results of the 2020 election:

  • There was no time to even consider the resolutions from Senator Mastriano or Representative Diamond since the current legislative session ended on November 30th, as mandated by the Constitution.  (It is important to note that Senator Mastriano’s and Rep. Diamond’s resolutions weren’t even introduced until late afternoon on November 30th, mere hours before the close of session.)
  • The new legislative session, by law,[1] is not scheduled to open until noon on January 5th, 2021, and any effort to call a special session would require the cooperation of the Governor.
  • Any bill or resolution that has the effect of law would need to be presented to the Governor for his approval or disapproval.[2] This would almost certainly result in a veto of such legislation and there would be insufficient support in the General Assembly to override that veto with the constitutionally required 2/3 majority.   
  • Any changes to election laws apply prospectively,[3] and therefore any legislative action to change the law would be meaningless to the 2020 election. 

Each and every member of the General Assembly is aware of these statutory and constitutional provisions and in fact, took an oath to uphold them.  

We understand many will point to allegations of fraud that were brought to light at the Pennsylvania Senate Majority Policy Committee hearing recently held in Gettysburg as reason for ignoring these constitutional limitations. In times of uncertainty, we must reaffirm our oaths and follow the appropriate constitutional processes laid out to address our problems. 

Allegations of fraud and questions about the result of an election deserve serious and thorough consideration. The Pennsylvania Constitution[4] dictates the appropriate and proper venue in which to contest these issues is in a court of law.

Unfortunately, this hearing gave many the false impression that evidence of legal value was presented. If the objective was to produce results, that testimony should have been presented in a court of law, under oath, and subject to cross examination, as this is the appropriate venue to actually address and remedy these serious concerns.  A partisan policy committee was not the proper place for this conversation if the intention was to highlight election fraud and to actually produce an immediate remedy.

That is not to say the legislature has no role in correcting the issues with our most recent election. We firmly believe that the legislature has an obligation to review our election code and the implementation of Act 77. We fully support a complete audit of the election, and we join our colleagues in working to ensure the unnecessary chaos and confusion created by our Secretary of the Commonwealth and Pennsylvania Supreme Court that surrounded this election are not repeated in the future. In fact, there is currently litigation pending to address these concerns. Further, the Senate and House State Government Committees will continue to gather information, and the General Assembly must work to address any issues raised.   

To be clear, Republicans cannot only advocate for the rule of law when it is to our political advantage to do so.  Our fidelity to the Constitution and adherence to the laws of this Commonwealth prohibit us from pursuing the course being proposed to assign a new slate of electors contrary to the certified winner of the statewide popular vote. 

In this tenuous moment, it is absolutely critical that our elected officials lead with integrity. The people of Pennsylvania want and deserve results, and our Constitution eloquently lays out a process by which we attain those results.  However, we refuse to partake in a campaign that gives false hope to those who believe the election results can be overturned by the legislature.   

We will continue to serve the people of Lancaster County with integrity.  We have a responsibility to be forthcoming and honest with you, even when the truth is disappointing. Though our answer may not always be the one you want to hear, we prefer results over rhetoric. 

[1] Article 2 Section 4 of the Pennsylvania Constitution

[2] Article 4 Section 15 of the Pennsylvania Constitution

[3] Article 7 Section 13 of the Pennsylvania Constitution

[4] Article 7 Section 13 of the Pennsylvania Constitution

Op-Ed: New Protections for Young Victims of Sexual Assault Move Forward

Sexual assault is one of the most heinous crimes that a person can commit, and the lifelong consequences of these horrible actions are magnified when the victim is a child. As a society, we have a moral obligation to ensure young victims are given every opportunity to heal as best they can from the lasting impact of such a traumatic event.

Unfortunately, many victims who attend the same school as their assailant face the prospect of coming face-to-face with the person who hurt them on a daily basis. Most schools try to make some special accommodations for victims, including changing class schedules to minimize contact, but the sad reality is they cannot remove that threat entirely.

No victim should have to go to school every day with the looming possibility of being forced to see and interact with the person who hurt them.

That was the exact situation faced by one student in a school district I represent; a young woman who was raped by a classmate had to attend school with her attacker, even after the offender was charged and adjudicated for the crime. Her family faced an impossible choice – either allow her to potentially face her rapist every day, or change schools and have her lose the valuable support structure of her friends, teachers and classmates at a time when she needed them most.

As a parent, I cannot imagine the psychological damage that either possibility would have on a child who has already endured so much. That is why I have introduced legislation that would mandate the removal of any student who is convicted or adjudicated delinquent of sexual assault against a student who attends the same school.

While offering this critical protection to survivors, my bill also protects the due process rights of the accused. An assailant must be charged and adjudicated for the crime to trigger the option of expulsion.

I am pleased to report that the bill was approved by the Senate Education Committee this week, and I thank my colleagues on that panel for taking a positive step toward protecting young sexual assault survivors. They deserve nothing less than our unconditional support, love and understanding in the aftermath of their assault, and I am thankful we are one step closer to giving them the options they deserve.

I am hopeful that the bill will earn the support of the full Senate and House of Representatives so it can be signed into law in the months ahead.

CONTACT: Terry Trego (717) 787-6535