Pa. attorney general candidates offer different responses to Act 40

As the campaign for Pennsylvania attorney general enters the home stretch before the state’s primary election, six candidates participated in a bipartisan virtual forum on Monday evening. The forum largely saw the Democratic candidates agree on issues including abortion rights, artificial intelligence, and voting laws, with responses to questioning about Act 40 showing the most difference among the candidates. 

Act 40 would allow the attorney general to appoint a special prosecutor jurisdiction over crimes committed on Philadelphia’s public transit system (SEPTA). It was passed on a bipartisan basis by the Pennsylvania General Assembly and signed into law by Democratic Gov. Josh Shapiro in December 2023. 

Diana Cortes, former Philadelphia City Solicitor and current partner at Morgan Lewis moderated the forum, which was hosted by the Committee of Seventy, along with Pennsylvanians for Modern Courts, the Forum of Executive Women, League of Women Voters of Philadelphia, Pennsylvania Bar Association, and Philadelphia Bar Association.

Cortes asked the candidates if they would appoint a special prosecutor as required by Act 40. 

“I did vote for Act 40 and I would encourage its use, although it’s not being used right now,” said state Rep. Craig Williams (R-Delaware), one of two Republicans running for attorney general. “There is absolutely a state role in prosecuting crimes that are happening on SEPTA considering it is state property.”

Delaware County District Attorney Jack Stollsteimer, one of the five Democratic candidates running for the office, said “SEPTA is vital to the economic health of our entire region. We have to keep it safe or there won’t be ridership anymore.” 

He added that his father was a SEPTA driver. “The legislation that was passed was passed on a bipartisan vote, and it includes giving that special prosecutor the authority to take cases in my county as well. I think we need to use every tool in the toolbox to save SEPTA.”

The legislation received more support from Republicans than Democrats, although it cleared the state House and Senate with votes from members of both parties. Philadelphia District Attorney Larry Krasner has filed a challenge to the measure claiming it is unconstitutional, while Shapiro has defended the plan. Last week, the Commonwealth Court heard arguments in the case to determine if the measure is constitutional. 

“It really makes me furious as somebody who grew up riding SEPTA to school, and has a family still in Philadelphia, seeing the tragedies we see unfolding on public transit being used as political theater,” said Democrat Joe Khan, former Bucks County Solicitor. “In my view, Act 40 is a stunt.”

“Some of the same people who are behind this are the same people that refuse to allow Philadelphia to pass common sense gun laws to address the public safety crisis. They’re the same folks who refuse to provide SEPTA the resources it needs to have more police officers to provide real safety,” Khan added. 

State Rep. Jared Solomon (D-Philadelphia) said he voted against Act 40. 

“I’ve been clear for years now that our DA has to do better, he’s failing our city,” Solomon said. “But this constant Republican bombardment on trying to deny voters and the voices of our city, their ability to elect officials, it just doesn’t fly. Act 40 was another attempt to do just that. It doesn’t work and we need to deny those efforts.” 

Former Auditor General Eugene DePasquale, a Democrat from the western end of the state, said he thought there were better approaches. “I’ve been clear, I’m not happy with how Act 40 happened,” DePasquale said. “But I’ve also been clear, public safety on SEPTA is critical.”

“And so, I’ll work with the district attorney and the resources that law gives to make sure that people are better protected on SEPTA,” DePasquale added. “Just because I’m not happy with how the law passed, and I think there’s a better approach to it, I think there’s a way to use those resources and partner with a district attorney to make sure people are better protected on SEPTA.”

Former Philadelphia Chief Public Defender Keir Bradford-Grey, a Democrat, noted that the case is still playing out in the courts. 

“It’s really being challenged as to its legality and that has not been fully totally decided whether or not it’s legal,” Bradford-Grey said. 

“So when you say it’s in accordance with the law, right now, it’s still in this weird space,” she added. “I get that the governor signed it into law, but I do respect the fact that there’s still a battle to be won, or to be lost. Who knows?”

York County District Attorney Dave Sunday, who is also seeking the Republican Party nomination, did not participate in the Monday evening forum. His campaign didn’t respond to a request for comment from the Capital-Star.

Sunday has made comments during previous forums endorsing Act 40. 

Williams took a few jabs at Sunday for not participating in the forum, referring to him “Duck Duck Dave,” which drew chuckles from some of the Democrats.

Sunday has been endorsed by the Pennsylvania Republican Party and the Republican Attorneys General Association, while Williams is being backed by several GOP colleagues in the state House.

Abortion

All of the Democratic candidates provided a “thumbs up” response approving the following sentence “as Attorney General I will continue to protect reproductive rights, the right to abortion and access to FDA approved medications such as mifepristone.”

“I will 100% unapologetically protect a woman’s right to choose what to do with her body, so I will not prosecute anyone at any time for accessing the right for abortion,” Bradford-Grey said. “But I will also make sure that people have access to prenatal care and healthy options for their healthy delivery, should they choose to do that.”

Williams responded by saying “it’s a gray area and it doesn’t avail itself to a binary answer.”

“As the attorney general, I’m going to enforce the Abortion Control Act and the good news for Pennsylvania right now is with the split General Assembly, there’s no chance the Abortion Control Act is going to be rolled back,” Williams said. “The Attorney General and the district attorneys have a role in the criminal provisions of the Abortion Control Act and I will enforce that law.”

Abortion is legal up to 24 weeks in Pennsylvania.

Attorney General Michele Henry, who was appointed to the position to finish out Shapiro’s term after he was sworn in to serve as governor, is not seeking reelection. 

Applications for a mail-in or absentee ballot must be received by your county election board no later than April 16 at 5 p.m. 

The Pennsylvania primary election is April 23.