Wheeler's Letter To Leaders

BROOKE |. WHEELER CHIEF CLERK 129 MAIN CAPITOL BUILDING HARRISBURG, PENNSYLVANIA 17120-2220 PHONE: (717 787-2972 EMAIL twneeler@pabrc net House of Representatibes COMMONWEALTH OF PENNSYLVANIA HARRISBURG December 7, 2022 Honorable Joanna E. MeClinton Democratic Leader 423, Main Capitol Harrisburg, PA 17120 [email protected] Honorable Bryan D. Cutler Republican Leader 139, Main Capitol Harrisburg PA, 17120 [email protected] Dear Honorable Leaders, | am in receipt of correspondence from bath of you regarding my signature of attestation on Writs of Special Election’ for the 32! House Distriet which were filed with the Pennsylvania Department of State under your respective assertions of authority over the Pennsylvania House of Representatives on November 30° and December 7°, 2022. | submit this letter to you in order to clarify my understanding of the role of the Chief Clerk of the Pennsylvania House of Representatives as it relates to Rule 6 of the Rules of the Pennsylvania House of Representatives. Rule 6 specifically provides: “Resolutions, addresses, orders, writs, warrants and subpoenas Issued by order of the House shall be signed by the Speaker and attested by the Chief Clerk.” Neither Rule 6, nor any other House Rule further define or speak to the meaning of the word “attested.” Pursuant to the Pennsylvania Statutory Construction Act of 1972, we turn to the "common and approved usage” of the term for guldance.* Merriam-Webster's Dictionary defines “attestation” as “an official verification of something as true or authentic."* Under the present circumstances, both of you have provided me with extensive legal arguments supporting the notion that your respective Writs of Special Election for the 32 House District are lawful. Both of you have also asserted that my signature of attestation is appropriate only on your Writ asa result, Additionally, today, December 7, 2022, 1am in receipt ofa letter from Leigh M. Chapman, Acting Secretary of the Commonwealth, deeming Leader Cutler’s November 30" Writ of Special Election for the 32" House District invalid as untimely and premature, and returning it to me, | thank you both for taking the time to clarify for me your respective positions in this matter. Indeed, the unprecedented complexity of the situation in which we have found ourselves is extraordinary. However, in light of 22022 PAH.R, 243, rule 6. 2 "In the absence of a relevant definition “words and phrases shall be construed according to... their common and approved usage.” 1 Pa.CS. § 1903(2). ® nttps://www.merriam-webster.com/dictionary/attestation.the wording of Rule 6 (“..writs..shall be signed by the Speaker and attested by the Chief Clerk”), the accepted definition of the word “attestation”, and the fact that the Chief Clerk is not publicly-elected (and therefore plays no part whatsoever in the substantive creation, confirmation or passage of the documents referenced under Rule 6), it seems clear to me that the Chief Clerk's signature of attestation on Rule 6 documents serves only to confirm that the Chief Clerk witnessed the signing of the Rule 6 document by the elected official purporting to have the authority to promulgate It. As such, it Is my position that the Chief Clerk's signature of attestation on Rule 6 documentsis but an administrative formality for Rule 6 documents, similar to that of a witness ‘oF notary public on ather official records. | realize that this situation is heavily confounded by the question of who has the bona-fide legal authority to file the Writ of Special Election with the Pennsylvania Department of State for the 32™ House District. On that question, | take no position, | submit only that at the time of my signature of attestation on Leader Cutler's Writ, Leader Cutler purported to have the authority to issue the Writ as the Speaker of the House of Representatives. Likewise, at the time of my signature of attestation on Leader McCiinton’s Writ, Leader McClinton purported to have the authority to issue the Writ as Majority Leader of the House of Representatives. | do not now, nor have | have ever held the opinion that my signature of attestation serves to verify the legality, validity and authority of Rule 6 documents. It seems clear that if that were the case, the process of lawmaking in the House would be critically inhibited by Rule 6, as it would require the Chief Clerk to legally validate every Rule 6 action ‘taken by the Speaker or Presiding Officer of the House. In essence, the Chief Clerk would have the power to veto the Speaker or Presiding Officer by refusing to attest to the Rule 6 document. Because the Chief Clerk is an appointed official under the Pennsylvania Legislative Officers & Employes Law, | cannot believe that such a result can have been the Intent of the House Rules.! Indeed, it seems illogical that the House would adopt any Rule which effectively subverts the will of the people through their elected officials by granting the Chief Clerk, who Is appointed rather than publicly-elected, the power to veto actions of a House Speaker or Presiding Officer. | hope this letter has provided clarity on my understanding of the Chief Clerk's role with regard to my signature of, attestation on Rule 6 documents, Be they right or wrong, rest assured that these assertions were arrived upon after ‘careful research, painstaking consideration, and in the best of faith. My highest goal is always to serve you, your respective caucuses, and the institution to the very best of my abilities wherever possible, and | will continue to work to fulfil it so long as | am privileged to hold the ttle of Chief Clerk Sincerely, Secale. Aheebire Chief Clerk Pennsylvania House of Representatives #2022 PA H.R. 243, rule 6 (emphasis added), * 1967 1.925, No.41?.

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