We are calling on the Pennsylvania Attorney General to DECLARE Act 40 Unconstitutional and to REFUSE to appoint an unelected prosecutor to replace the lawfully elected District Attorney of Philadelphia.  We also call upon the Pennsylvania Congress to REPEAL Act 40.

          In the wake of the events of January 6th, attempts to overturn the results of lawful elections are unfortunately becoming more common.  But similar events are being played out at the local level, with far less media coverage.  Attempts to take away the voter’s right to choose their political leaders are happening behind closed doors in the middle of the night, and we must DEMAND that our elected leaders not fall for these attempts.  One such attack on democracy is Pennsylvania’s Act 40.

Act 40 creates a special prosecutor in Philadelphia for crimes that take place on or near any public transportation system.  In effect, the law authorizes an unelected Attorney General to appoint an unelected special prosecutor who would then have the authority to strip Philadelphia’s Lawfully Elected District Attorney of jurisdiction in almost any case they choose.  Under the language of Act 40, the Attorney General may even appoint a person who lost the election for District Attorney to fill the post.

Act 40 also takes away the power of the locally elected Mayor and City Council in that it allows an unelected official to take an unlimited amount of money from the city’s general fund, a function that is currently the sole responsibility of the Mayor and City Council.  

Act 40 takes power away from the locally elected District Attorney in Philadelphia, the city with the highest percentage of Black and Brown people in the state, but not the District Attorneys from the predominantly white counties in the rest of Commonwealth.  Singling out Philadelphia is a direct attack on democracy, straight out of the same playbook that southern and conservative states use to marginalize other local progressive prosecutors.

Philadelphia did not ask for a special prosecutor, the law was foisted onto the city by an election-denying Trump supporter who lives hundreds of miles away from the city.  Philadelphia’s state representatives overwhelmingly oppose Act 40 as unnecessary, unconstitutional, and racist, and its citizens have repeatedly spoken at the ballot box in support of a district attorney who is against mass-incarceration. 

The Attorney General, who herself is unelected, should not displace Philadelphia’s elected officials, a fact her predecessor recognized when faced with similar legislation.  

          We therefore DEMAND that our elected leaders put an end to Act 40 and any other attempts to subvert the democratic will of the voters.