PA secretary of state Kathy Boockvar out after failing to advertise victims rights amendment

Pennsylvania Secretary of State Kathy Boockvar will leave her job Friday after “human error” led to her department failing to advertise a constitutional amendment that would retroactively give child sex abuse victims more time to file civil suits.

Gov. Tom Wolf announced Boockvar’s resignation Monday morning because of the error, which forces the constitutional amendment process to start over.

“This change at the Department of State has nothing to do with the administration of the 2020 election, which was fair and accurate,” said Wolf, preemptively knocking down any speculation that Republican criticism over her handling of the election was a factor in Boockvar’s resignation.

“The delay caused by this human error will be heartbreaking for thousands of survivors of childhood sexual assault, advocates and legislators, and I join the Department of State in apologizing to you, Wolf said. “I share your anger and frustration that this happened, and I stand with you in your fight for justice.”

The constitutional amendment, House Bill 963, was passed on Nov. 20, 2019, and filed with the Department of State on Nov. 25. Constitutional amendments must be advertised as they pass the Legislation, but Boockvar’s agency failed to do that.

Consequently, the constitutional amendment must now be passed in the current 2021-22 session and then in the 2022-23 session before it can go to a statewide referendum in two years. Supporters were hoping to pass it this month in time to place it on the May 18 primary ballot.

A surprising resignation

Boockvar, 52, who grew up on Long Island in New York, became one of the faces of the presidential election when she had to address unfounded claims from Republicans that the results in Pennsylvania were inaccurate.

Included in Wolf's announcement, Boockvar said she is taking responsibility for the oversight in her agency and saying she was "extremely proud" of what her department accomplished. Her resignation was first reported by SpotlightPA.com.

“I’ve always believed that accountability and leadership must be a cornerstone of public service," she said. "While I only became aware of the mistake last week, and immediately took steps to alert the administration to the error, I accept responsibility on behalf of the department."

In a separate statement, the Department of State formerly apologized for the mistake.

“Department staff advertised other proposed constitutional amendments passed during the last legislative session, but through simple human error mistakenly failed to include this proposed constitutional amendment in the advertisements," the agency said.

Wolf also announced that the state department is immediately implementing “new controls,” such as additional tracking and notifications for constitutional amendments to avoid similar mistakes.

Also, Wolf has asked the state inspector general’s office to review the situation and offer recommendations. And, Wolf said he would work with the Legislature on a possible legislative solution.

What happens next in PA?

Shortly after Wolf revealed Boockvar’s resignation, Senate Democrats issued a statement in which they vowed to push legislation that would statutorily create a two-year window for sexual abuse victims to purse lawsuits.

“If we continue with the constitutional amendment process, it will be at least another two years until the window would be created and that’s simply too long,” said Senate Democratic Leader Jay Costa Jr. of Allegheny County.

“A legislative solution can create the window immediately,” Costa said, “and I’m encouraging bipartisan and bicameral support for the bill that members of our caucus is going to introduce. Survivors need justice now.”

Pennsylvania House Speaker Bryan Cutler and House Majority Leader Kerry Benninghoff issued a joint statement in which they called it a “sad day” in the state.

“For the last 12 months, our caucus has raised serious concerns about this administration’s ability to competently manage the basic functions of state government,” they said. “Today, our worst fears were realized by the revelation that incompetency in the Department of State may stand in the way of victims being able to see justice.”

Pennsylvania Attorney General Josh Shapiro, a Democrat, released a statement calling the failure to properly advertise “shameful” and the amendment process “an unnecessary hurdle” for abuse survivors.

“Too many institutions have failed survivors of sexual abuse for far too long, and I am determined for that disgraceful streak to end and to make sure justice is no longer denied,” Shapiro said.

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