PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 911 PRINTER'S NO. 2469
No. 826 Session of 1995
INTRODUCED BY ARGALL, FICHTER, CLARK, TIGUE, ROBERTS, STABACK,
FARGO, GEORGE, BAKER, NAILOR, RAYMOND, VANCE, TRELLO, STERN,
LEH, L. I. COHEN, E. Z. TAYLOR, DRUCE, CARONE, D. W. SNYDER,
STEELMAN, WOGAN AND RUBLEY, FEBRUARY 14, 1995
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 20, 1995
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, establishing criteria to be followed by the
3 Legislative Reapportionment Commission in performing its
4 duties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby resolves as follows:
7 Section 1. The following amendment to the Constitution of
8 Pennsylvania is proposed in accordance with Article XI:
9 That sections 16 and 17 of Article II be amended to read:
10 § 16. Legislative districts.
11 The Commonwealth shall be divided into 50 senatorial and 203
12 representative districts, which shall be composed of compact and
13 contiguous territory as nearly equal in population as
14 practicable. Each senatorial district shall elect one Senator,
15 and each representative district one Representative. Unless
16 absolutely necessary no county, city, incorporated town,
17 borough, township or ward shall be divided in forming either a
1 senatorial or representative district. To the extent consistent
2 with other requirements, district lines shall be drawn to
3 coincide with the boundaries of local political subdivisions.
4 The number of instances where any county, city, incorporated
5 town, borough or township is split into more than one district
6 shall be as few as possible. No incorporated town, borough or
7 township shall be divided among more than two districts. Where
8 there is a choice between dividing local political subdivisions,
9 the more populous political subdivision shall be divided before
10 the less populous as much as practical. To the extent consistent
11 with other requirements, the Legislative Reapportionment
12 Commission shall consider neighborhood integrity, historical
13 recognition of communities, the present district boundaries,
14 topography and artificial and natural boundaries in drawing the
15 districts. No district shall be drawn for the purpose of
16 diluting the voting strength of any language or racial minority
17 group.
18 § 17. Legislative Reapportionment Commission.
19 (a) In each year following the year of the Federal decennial
20 census, a Legislative Reapportionment Commission shall be
21 constituted for the purpose of reapportioning the Commonwealth.
22 The commission shall act by a majority of its entire membership.
23 (b) The commission shall consist of five members: four of
24 whom shall be the majority and minority leaders of both the
25 Senate and the House of Representatives, or deputies appointed
26 by each of them, and a chairman selected as hereinafter
27 provided. No later than 60 days following the official reporting
28 of the Federal decennial census as required by Federal law, the
29 four members shall be certified by the President pro tempore of
30 the Senate and the Speaker of the House of Representatives to
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1 the [elections officer] Secretary of the Commonwealth who under
2 law shall have supervision over elections.
3 The four members within 45 days after their certification
4 shall select the fifth member, who shall serve as chairman of
5 the commission, and shall immediately certify his name to [such <--
6 elections officer] THE SECRETARY OF THE COMMONWEALTH. The <--
7 chairman shall be a citizen of the Commonwealth other than a
8 local, State or Federal official holding an office to which
9 compensation is attached.
10 If the four members fail to select the fifth member within
11 the time prescribed, a majority of the entire membership of the
12 Supreme Court within 30 days thereafter shall appoint the
13 chairman as aforesaid and certify his appointment to [such <--
14 elections officer] THE SECRETARY OF THE COMMONWEALTH. <--
15 Any vacancy in the commission shall be filled within 15 days
16 in the same manner in which such position was originally filled.
17 (c) No later than 90 days after either the commission has
18 been duly certified or the population data for the Commonwealth
19 as determined by the Federal decennial census are available,
20 whichever is later in time, the commission shall file a
21 preliminary reapportionment plan with [such elections officer.] <--
22 THE SECRETARY OF THE COMMONWEALTH. Within one week of its <--
23 filing, the preliminary reapportionment plan with an
24 accompanying report of the commission shall be published by the
25 Secretary of the Commonwealth. Any deviation from the criteria
26 prescribed by this section and section 16 of this article shall
27 be set forth in the report accompanying the plan and the reasons
28 for any deviation from the criteria shall be stated.
29 The commission shall have 30 days after filing the
30 preliminary plan to make corrections in the plan.
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1 Any person aggrieved by the preliminary plan shall have the
2 same 30-day period to file exceptions with the commission in
3 which case the commission shall have 30 days after the date the
4 exceptions were filed to prepare and file with [such elections <--
5 officer] THE SECRETARY OF THE COMMONWEALTH a revised <--
6 reapportionment plan. If no exceptions are filed within 30 days,
7 or if filed and acted upon, the commissions's plan shall be
8 final and have the force of law.
9 (d) Any aggrieved person may file an appeal from the final
10 plan directly to the Supreme Court within 30 days after the
11 filing thereof. If the appellant establishes that the final plan
12 is contrary to law, the Supreme Court shall issue an order
13 remanding the plan to the commission and directing the
14 commission to reapportion the Commonwealth in a manner not
15 inconsistent with such order.
16 (e) When the Supreme Court has finally decided an appeal or
17 when the last day for filing an appeal has passed with no appeal
18 taken, the reapportionment plan shall have the force of law and
19 the districts therein provided shall be used thereafter in
20 elections to the General Assembly until the next reapportionment
21 as required under this section 17.
22 (f) The General Assembly shall appropriate sufficient funds
23 for the compensation and expenses of members and staff appointed
24 by the commission, and other necessary expenses. The members of
25 the commission shall be entitled to such compensation for their
26 services as the General Assembly from time to time shall
27 determine, but no part thereof shall be paid until a preliminary
28 plan is filed. If a preliminary plan is filed but the commission
29 fails to file a revised or final plan within the time
30 prescribed, the commission members shall forfeit all right to
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1 compensation not paid.
2 (g) If a preliminary, revised or final reapportionment plan
3 is not filed by the commission within the time prescribed by
4 this section, unless the time be extended by the Supreme Court
5 for cause shown, the Supreme Court shall immediately proceed on
6 its own motion to reapportion the Commonwealth.
7 (h) Any reapportionment plan filed by the commission, or
8 ordered or prepared by the Supreme Court upon the failure of the
9 commission to act, shall be published by the [elections officer] <--
10 SECRETARY OF THE COMMONWEALTH once in at least one newspaper of <--
11 general circulation in each senatorial and representative
12 district. The publication shall [contain] set forth the plan and
13 the report of the commission, which shall include a map of the
14 Commonwealth showing the complete reapportionment of the General
15 Assembly by districts, and a map showing the reapportionment
16 districts in the area normally served by the newspaper in which
17 the publication is made. The publication shall also state the
18 population of the senatorial and representative districts having
19 the smallest and largest population and the percentage variation
20 of such districts from the average population for senatorial and
21 representative districts. It shall also state all instances
22 where any county, city, incorporated town, borough or township
23 was divided into more than one district. Any other deviations
24 from the criteria prescribed by this section and section 16 of
25 this article shall be set forth, and the reasons for the
26 deviations shall be stated.
27 SECTION 2. (A) UPON THE FIRST PASSAGE BY THE GENERAL <--
28 ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE
29 SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO
30 COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE
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1 XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE
2 REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN
3 WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER
4 PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT.
5 (B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THIS
6 PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE
7 COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE
8 ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE
9 CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED
10 ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH
11 NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF
12 THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE
13 COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT
14 TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE FIRST
15 PRIMARY, GENERAL OR MUNICIPAL ELECTION OCCURRING AT LEAST THREE
16 MONTHS AFTER THE PROPOSED CONSTITUTIONAL AMENDMENT IS PASSED BY
17 THE GENERAL ASSEMBLY WHICH MEETS THE REQUIREMENTS OF AND IS IN
18 CONFORMANCE WITH SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF
19 PENNSYLVANIA.
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