“ In a situation where the President Pro Tempore of the Senate becomes Lieutenant Governor, however, Article IV, Section 14 makes no express provision for the vacancy of the President Pro Tempore's Senate seat. Relying on the principle expressio unius es exclusio alterius, the Commonwealth Court agreed with Appellee that if the Constitution requires that a President Pro Tempore vacate his Senate seat upon becoming Lieutenant Governor, it would provide for this expressly. ”

“ On October 22, 2001, Appellee filed Preliminary Objections to Appellants' Petition for Review, contending that (1) Appellants lacked standing; (2) only the Senate can declare a Senate seat vacant; (3) Appellants failed to state a claim upon which relief can be granted because the Pennsylvania Constitution does not require that Appellee resign his Senate seat; and (4) separation of powers concerns do not require that Appellee resign his Senate seat. Both parties requested expedited consideration given the public importance of the issues involved, which the Commonwealth Court granted. ”

“ In disagreeing with the conclusion of the majority that the role of Senator does not qualify as an “office” under the Commonwealth, Judge Smith opined that, “Article IV, § 6 unambiguously precludes a person holding state office from exercising the office of Governor or Lieutenant Governor.” ”