HARRISBURG - Republicans in Pennsylvania’s state House could hold a functional majority until at least mid-February thanks to Democratic vacancies - and they’re considering using that advantage to pass a handful of far-reaching constitutional amendments.

The strategy coincides with GOP leaders attempting to delay special elections in two heavily Democratic Allegheny County districts as long as legally allowed. On Thursday, GOP leader Bryan Cutler (R., Lancaster) attempted to formally order May 16 special election dates for those districts.

That’s the latest possible date allowed under state law. Democrats immediately criticized the move, saying that even after Democrats won more seats in the midterms, Republicans are trying to delay their switch to the minority party so they can “play politics and ram through extremist policies,” according to a spokesperson.

That concern is not just overheated rhetoric.

According to rank-and-file GOP lawmakers and lobbyists, there are murmurs within the caucus of plans to use their early advantage to pass at least two amendments to voters in May 2023. The amendments would impose voter ID requirements and make it easier for the legislature to override regulations.

But Republicans’ most prominent - and most controversial - proposed amendment is not in the running for passage. Four GOP sources told Spotlight PA that after November’s electoral backlash, the party will likely not attempt to pass an amendment that would ensure the state constitution doesn’t protect abortion access.

Speaking to reporters Monday, Cutler acknowledged that the party’s advantage may not last long, but said they’d build an agenda regardless.

“It’s gonna be a shortened window ... so that’s going to make that a little more challenging in terms of getting the committees up and running,” Cutler said. “But we’ll work like that for as long as we can.”

Cutler did not respond to specific questions about the amendments, and a House Republican spokesperson referred Spotlight PA to Cutler’s comments.

Democrats won 102 seats on Election Day - a one-seat advantage in the 203-member chamber. But the death of one Democratic lawmaker and the resignation of two more to take higher offices currently leaves Democrats at 99 members and Republicans at 101.

Both parties have claimed the authority to schedule the special elections to fill those vacant seats. Democrats scheduled them for Feb. 7. Republicans scheduled one for the same day and two more for the May primary.

If Democrats get their way, they will seize the majority in February. If Republicans do, the chamber will likely have an even 100-100 split at some point that month, which would forestall most action from either party until May.

The dispute is now in court.

The amendment agenda

Republicans have increasingly turned to constitutional amendments to advance their policy goals in recent years as Democratic Gov. Tom Wolf’s veto pen has stymied many of their priorities.

Amendments must be passed in identical form by the General Assembly in two consecutive two-year sessions before heading to voters, who have the final say. They usually say yes.

In early July, the General Assembly passed an omnibus bill that included five amendments. In addition to the abortion measure, the package also would:

• Require voters to show ID whenever they vote in person or include proof of ID when they vote by mail

• Require annual election audits by the state auditor general

• Allow the General Assembly to block a regulation through a simple majority, rather than with a two-third majority;

• Allow gubernatorial candidates to select their own lieutenant governor candidate.

The governor has no say on the passage of amendments, and voters almost always approve them. In 2021, Republicans successfully passed two amendments to strip Wolf of his pandemic-era emergency powers.

Democrats’ surprising flip of the House appeared to have blocked the amendments’ path forward. But the recent uncertainty presents an opening, and some rank-and-file Republicans have said they are willing to use that edge to get some amendments in front of voters by May 2023.

Support for voter ID grows

In particular, every Republican lawmaker Spotlight PA talked to expressed support for the proposed voter ID amendment.

“It’s been talked about for so long,” said state Rep. Jesse Topper (R., Bedford). “What do the people want? Will that help secure elections?”

Polling has found expanding voter ID requirements to be broadly popular among both parties. Topper added that if such an amendment “opens up the trust” in the state’s voting system, “it might open up the door to another deal” on other parts of the election code.

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However, if Republicans advance the voter ID amendment, they’d face stiff opposition from voting rights groups.

Kadida Kenner, executive director of the New Pennsylvania Project, a nonprofit that registers new voters, said that the requirement for voters to include proof of ID when voting by mail would likely disenfranchise thousands who don’t have access to a scanner or printer to create a copy of their ID - let alone those who don’t have an ID to begin with.

“We know it is a popular thing and most Pennsylvanians would pass a stricter ID law,” Kenner said, “but what most Pennsylvanians don’t realize is they will definitely suppress the vote” - particularly in communities of color.

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