Democratic lawmakers, NAACP, League of Women Voters enter Act 40 debate

The legal fight over a newly passed law that would see a special prosecutor appointed to handle crimes that occur on or around a SEPTA property has a new wrinkle as a number of groups have filled paperwork claiming the law violates the state's constitution.

On March 1, the Democratic Caucus of the Pennsylvania Senate -- a group of 22 elected officials -- along with nine other organizations, including the NAACP, The League of Women Voters of Philadelphia, The Urban League of Philadelphia and others, filed paperwork to join the office of Philadelphia District Attorney Larry Krasner's lawsuit that claims the law that would install a special SEPTA prosecutor is unconstitutional.

The move comes on the heels of SEPTA joining Pennsylvania Gov. Josh Shapiro in considering the law, Act 40, as an additional resource in crimefighting efforts.

Krasner's office has said Act 40 would oversee crimes that occur on or within 500 yards of any SEPTA property. In a brief filed by Democratic legislators, Act 40 is called unconstitutional for several reasons.

The brief notes that the constitution prohibits the general assembly from passing local or special laws "in any case which has been or can be provided for by general law."

Also, the legislators claim Act 40 suppresses the right to vote by giving lawmakers the ability to undo the will of Philadelphia voters who democratically elected city's District Attorney.

This is a point that other groups have cited in their argument as paperwork filed by nine organizations also notes that the enactment of Act 40 would violate voters' "fundamental right to have their votes translate to representation" and would discriminate against Krasner's office.

"Act 40 constitutes special legislation that unlawfully discriminates against the Philadelphia District Attorney’s Office and deprives District Attorney Krasner of his right to equal protection under the Pennsylvania Constitution," the document argues.

The initial legislation -- which was sponsored by Republican state senator Wayne Langerholc -- was signed into law by Democratic Governor Josh Shapiro in December.  

In an episode of "Battleground Politics," Shapiro told NBC10’s Lauren Mayk that the law would provide law enforcement with additional crime fighting tools and it was simply a case of “concurrent jurisdiction," arguing that Krasner’s power wouldn’t be removed.

But, Krasner, seemingly, isn't so sure.

In that past, he's called Shapiro's comments "flatly untrue," and, when asked to comment on these new filings in the case concerning Act 40, on Tuesday, Krasner said he said he didn't feel the city needed a special prosecutor.

“I don’t know a better group of prosecutors than the ones that work with me," said the District Attorney. "These are remarkable, capable people who work around the clock and, frankly, [I'm] not interested in second best."

He declined to comment further on the ongoing litigation.