PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 3718

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2420 Session of 2008


        INTRODUCED BY SAMUELSON, TANGRETTI, LEACH, BENNINGHOFF, JOSEPHS,
           McILVAINE SMITH, FREEMAN, CARROLL, BASTIAN, BEAR, BENNINGTON,
           BEYER, BOYD, BRENNAN, BROOKS, BUXTON, CALTAGIRONE, CLYMER,
           CONKLIN, COSTA, CREIGHTON, CUTLER, DALLY, DePASQUALE,
           DiGIROLAMO, EVERETT, FRANKEL, GALLOWAY, GEORGE, GERBER,
           GIBBONS, GOODMAN, GRELL, GRUCELA, HANNA, HARHART, HARPER,
           HORNAMAN, HUTCHINSON, KESSLER, KING, KORTZ, KULA, LENTZ,
           LEVDANSKY, MAHONEY, MANDERINO, MANN, MANTZ, MARSHALL,
           McILHATTAN, MELIO, MILNE, MURT, MUSTIO, NAILOR, NICKOL,
           O'NEILL, PASHINSKI, PAYTON, PEIFER, PETRI, PRESTON, QUINN,
           RAMALEY, READSHAW, ROAE, ROCK, RUBLEY, SCAVELLO, SCHRODER,
           SEIP, SHAPIRO, SHIMKUS, SIPTROTH, K. SMITH, M. SMITH, STEIL,
           SWANGER, R. TAYLOR, TRUE, VULAKOVICH, WAGNER, WALKO, WATSON,
           J. WHITE, WOJNAROSKI AND YUDICHAK, MAY 7, 2008

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 7, 2008

                               A JOINT RESOLUTION

     1  Proposing integrated amendments to the Constitution of the
     2     Commonwealth of Pennsylvania, further providing for
     3     legislative and congressional reapportionment.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendments to the Constitution of
     7  Pennsylvania are proposed in accordance with Article XI:
     8     (1)  That section 17 of Article II be repealed:
     9  [§ 17.  Legislative Reapportionment Commission.
    10     (a)  In each year following the year of the Federal decennial
    11  census, a Legislative Reapportionment Commission shall be
    12  constituted for the purpose of reapportioning the Commonwealth.

     1  The commission shall act by a majority of its entire membership.
     2     (b)  The commission shall consist of five members: four of
     3  whom shall be the majority and minority leaders of both the
     4  Senate and the House of Representatives, or deputies appointed
     5  by each of them, and a chairman selected as hereinafter
     6  provided. No later than 60 days following the official reporting
     7  of the Federal decennial census as required by Federal law, the
     8  four members shall be certified by the President pro tempore of
     9  the Senate and the Speaker of the House of Representatives to
    10  the elections officer of the Commonwealth who under law shall
    11  have supervision over elections.
    12     The four members within 45 days after their certification
    13  shall select the fifth member, who shall serve as chairman of
    14  the commission, and shall immediately certify his name to such
    15  elections officer. The chairman shall be a citizen of the
    16  Commonwealth other than a local, State or Federal official
    17  holding an office to which compensation is attached.
    18     If the four members fail to select the fifth member within
    19  the time prescribed, a majority of the entire membership of the
    20  Supreme Court within 30 days thereafter shall appoint the
    21  chairman as aforesaid and certify his appointment to such
    22  elections officer.
    23     Any vacancy in the commission shall be filled within 15 days
    24  in the same manner in which such position was originally filled.
    25     (c)  No later than 90 days after either the commission has
    26  been duly certified or the population data for the Commonwealth
    27  as determined by the Federal decennial census are available,
    28  whichever is later in time, the commission shall file a
    29  preliminary reapportionment plan with such elections officer.
    30     The commission shall have 30 days after filing the
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     1  preliminary plan to make corrections in the plan.
     2     Any person aggrieved by the preliminary plan shall have the
     3  same 30-day period to file exceptions with the commission in
     4  which case the commission shall have 30 days after the date the
     5  exceptions were filed to prepare and file with such elections
     6  officer a revised reapportionment plan. If no exceptions are
     7  filed within 30 days, or if filed and acted upon, the
     8  commissions's plan shall be 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)  Any district which does not include the residence from
    23  which a member of the Senate was elected whether or not
    24  scheduled for election at the next general election shall elect
    25  a Senator at such election.
    26     (g)  The General Assembly shall appropriate sufficient funds
    27  for the compensation and expenses of members and staff appointed
    28  by the commission, and other necessary expenses. The members of
    29  the commission shall be entitled to such compensation for their
    30  services as the General Assembly from time to time shall
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     1  determine, but no part thereof shall be paid until a preliminary
     2  plan is filed. If a preliminary plan is filed but the commission
     3  fails to file a revised or final plan within the time
     4  prescribed, the commission members shall forfeit all right to
     5  compensation not paid.
     6     (h)  If a preliminary, revised or final reapportionment plan
     7  is not filed by the commission within the time prescribed by
     8  this section, unless the time be extended by the Supreme Court
     9  for cause shown, the Supreme Court shall immediately proceed on
    10  its own motion to reapportion the Commonwealth.
    11     (i)  Any reapportionment plan filed by the commission, or
    12  ordered or prepared by the Supreme Court upon the failure of the
    13  commission to act, shall be published by the elections officer
    14  once in at least one newspaper of general circulation in each
    15  senatorial and representative district. The publication shall
    16  contain a map of the Commonwealth showing the complete
    17  reapportionment of the General Assembly by districts, and a map
    18  showing the reapportionment districts in the area normally
    19  served by the newspaper in which the publication is made. The
    20  publication shall also state the population of the senatorial
    21  and representative districts having the smallest and largest
    22  population and the percentage variation of such districts from
    23  the average population for senatorial and representative
    24  districts.]
    25     (2)  That Article II be amended by adding a section to read:
    26  § 18.  Legislative and congressional reapportionment.
    27     (a)  (1)  In each year following the year of the Federal
    28  decennial census, the Legislative Reference Bureau shall perform
    29  such duties as specified in this section for the purpose of
    30  reapportioning the Commonwealth.
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     1     (2)  Unless otherwise directed by court order, legislative
     2  and congressional reapportionment shall only be permitted once
     3  in the decade following the Federal decennial census.
     4     (b)  (1)  The bureau shall acquire appropriate information,
     5  review and evaluate available facilities and develop programs
     6  and procedures in preparation for drawing congressional and
     7  legislative redistricting plans on the basis of each Federal
     8  census.
     9     (2)  As soon as possible after January 1 of each year ending
    10  in one, the bureau shall obtain from the United States Bureau of
    11  the Census information regarding geographic and political units
    12  in this Commonwealth for which Federal census population data
    13  has been gathered and will be tabulated. The bureau shall use
    14  the data obtained to prepare:
    15     (i)  Necessary descriptions of geographic and political units
    16  for which census data will be reported and which are suitable
    17  for use as components of legislative districts.
    18     (ii)  Maps of counties, cities and other geographic units
    19  within this Commonwealth, which may be used to illustrate the
    20  locations of legislative district boundaries proposed in plans
    21  drawn in accordance with subsection (d).
    22     (iii)  The population data needed for legislative districting
    23  which the Census Bureau is required to provide this Commonwealth
    24  under 13 U.S.C. § 141 (relating to population and other census
    25  information) and shall use that data to assign a population
    26  figure based upon census data to each geographic or political
    27  unit described pursuant to paragraph (2)(i). Upon completing
    28  that task, the bureau shall begin the preparation of
    29  congressional and legislative districting plans as required by
    30  subsection (c).
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     1     (3)  All information collected under this section shall be
     2  posted for public inspection as soon as it is available.
     3     (c)  (1)  Not later than February 15 of each year ending in
     4  one, a five-member temporary redistricting advisory commission
     5  shall be established as provided under subsection (e). The
     6  commission's only functions shall be those prescribed under
     7  subsection (f). All commission meetings shall be advertised and
     8  open to the public. All communications between the bureau and
     9  the commission regarding a plan shall be in writing and part of
    10  the public record.
    11     (2)  Not later than April 1 of each year ending in one, the
    12  bureau shall deliver to the commission a preliminary plan of
    13  legislative and congressional districting prepared in accordance
    14  with subsection (d).
    15     (3)  Upon receipt of the preliminary plan the commission
    16  shall:
    17     (i)  As expeditiously as reasonably possible but no later
    18  than 30 days after receiving the preliminary plan, schedule and
    19  conduct at least five public hearings on the plan in different
    20  geographic regions of this Commonwealth.
    21     (ii)  Within ten days following completion of the hearings,
    22  promptly prepare and submit to the Secretary of the Senate, the
    23  Chief Clerk of the House of Representatives and the bureau a
    24  report summarizing information and testimony received by the
    25  commission in the course of the hearings. The commission's
    26  report shall include any comments and conclusions which its
    27  members deem appropriate on the information and testimony
    28  received at the hearings or otherwise presented to the
    29  commission.
    30     (iii)  The bureau shall have 30 days after receiving the
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     1  commission report to prepare a revised plan of legislative and
     2  congressional districting prepared in accordance with subsection
     3  (d) taking into account public comments on the preliminary plan
     4  insofar as it is possible to do so within the requirements of
     5  subsection (d) and deliver identical bills embodying the revised
     6  legislative district plan and identical bills embodying the
     7  revised congressional district plan to the commission, the
     8  Secretary of the Senate and the Chief Clerk of the House of
     9  Representatives.
    10     (iv)  The General Assembly shall bring the bills to a vote in
    11  both the Senate and the House of Representatives not less than
    12  seven days but no more than 20 days after the bills have been
    13  delivered in accordance with subparagraph (iii) under a
    14  procedure or rule permitting no amendments. It is further the
    15  intent of this section that, if the bill is approved by the
    16  first House in which it is considered, it shall be brought to a
    17  vote in the second House within ten days under a similar
    18  procedure or rule.
    19     (4)  (i)  If the bill embodying the revised plan submitted by
    20  the bureau under paragraph (1) fails to be approved by a
    21  constitutional majority in either the Senate or the House of
    22  Representatives, the Secretary of the Senate or the Chief Clerk
    23  of the House of Representatives, as the case may be, shall at
    24  once transmit to the bureau information which the Senate or
    25  House of Representatives may direct regarding reasons why the
    26  revised plan was not approved.
    27     (ii)  The bureau shall prepare a bill embodying a final plan
    28  of legislative and congressional districting prepared in
    29  accordance with subsection (d) taking into account the reasons
    30  cited by the Senate or House of Representatives for its failure
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     1  to approve the revised plan insofar as it is possible to do so
     2  within the requirements of subsection (d). If a final plan is
     3  required under this subsection, the bill embodying it shall be
     4  delivered to the Secretary of the Senate and the Chief Clerk of
     5  the House of Representatives no later than 14 days after the
     6  date of the vote by which the Senate or the House of
     7  Representatives fails to approve the bill submitted under
     8  paragraph (1), whichever date is later.
     9     (iii)  It is the intent of this section that, if it is
    10  necessary to submit a bill under this paragraph, the bill be
    11  brought to a vote within the same time period after its delivery
    12  to the Secretary of the Senate and the Chief Clerk of the House
    13  of Representatives as is prescribed for the bill submitted under
    14  paragraph (2), but shall not be subject to amendment in the same
    15  manner as other bills.
    16     (5)  If either House fails to bring a bill embodying a final
    17  plan to a vote within the prescribed time, the plan embodied in
    18  that bill shall be the adopted plan. If a bill embodying a final
    19  plan fails to receive a constitutional majority of either or
    20  both Houses of the General Assembly, then the revised and final
    21  plan shall be sent to the chief elections officer who shall
    22  choose one of them by lot.
    23     (6)  Notwithstanding paragraphs (1), (2) and (3):
    24     (i)  If population data from the Federal census which is
    25  sufficient to permit preparation of a congressional districting
    26  plan becomes available at an earlier time than the population
    27  data needed to permit preparation of a legislative districting
    28  plan in accordance with subsection (d), the bureau shall so
    29  inform the commission. If the commission so directs, the bureau
    30  shall prepare a separate bill establishing congressional
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     1  districts and submit it separately from the bill establishing
     2  legislative districts.
     3     (ii)  It is the intent of this section that the General
     4  Assembly shall proceed to consider the congressional districting
     5  bill in the manner prescribed by paragraphs (1), (2) and (3).
     6     (iii)  If the population data for legislative districting
     7  which the United States Census Bureau is required to provide
     8  this Commonwealth under 13 U.S.C. § 141 is not available to the
     9  Legislative and Congressional Reapportionment Bureau on or
    10  before February 1 of the year ending in one, the dates set forth
    11  in this section shall be extended by a number of days equal to
    12  the number of days after February 1 of the year ending in one
    13  that the Federal census population data for legislative
    14  districting becomes available.
    15     (d)  (1)  Legislative and congressional districts shall be
    16  established on the basis of population as follows:
    17     (i)  Senatorial and representative districts, respectively,
    18  shall each have a population as nearly equal as practicable to
    19  the ideal population for such districts, determined by dividing
    20  the number of districts to be established into the population of
    21  this Commonwealth reported in the Federal decennial census.
    22  Senatorial districts and representative districts shall not vary
    23  in population from the respective ideal district populations
    24  except as necessary to comply with one of the other standards
    25  enumerated in this section. In no case shall the quotient,
    26  obtained by dividing the total of the absolute values of the
    27  deviations of all district populations from the applicable ideal
    28  district population by the number of districts established,
    29  exceed 2.5% of the applicable ideal district population. No
    30  senatorial district shall have a population which exceeds that
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     1  of any other senatorial district by more than 5%, and no
     2  representative district shall have a population which exceeds
     3  that of any other representative district by more than 5%.
     4     (ii)  Congressional districts shall each have a population as
     5  nearly equal as practicable to the ideal district population,
     6  derived as prescribed in subparagraph (i). No congressional
     7  district shall have a population which varies by more than 2.5%
     8  from the applicable ideal district population.
     9     (iii)  If an action is filed with the Supreme Court under
    10  subsection (j) alleging excessive population variance among
    11  districts established in a plan adopted by the General Assembly,
    12  the General Assembly has the burden of justifying any variance
    13  in excess of the standards described in subparagraphs (i) and
    14  (ii).
    15     (2)  To the extent consistent with paragraph (1), district
    16  boundaries shall coincide with the boundaries of political
    17  subdivisions of this Commonwealth. The number of counties and
    18  cities divided among more than one district shall be as small as
    19  possible. With respect to any congressional or legislative plan,
    20  when there is a choice between dividing local political
    21  subdivisions, the more populous subdivisions shall be divided
    22  before the less populous, but this statement does not apply to a
    23  legislative district boundary drawn along a county line which
    24  passes through a city that lies in more than one county.
    25     (3)  Districts shall be composed of convenient contiguous
    26  territory. Areas which meet only at the points of adjoining
    27  corners are not contiguous.
    28     (4)  It is preferable that a district be compact in form with
    29  a compactness measurement of not less than 15% of the total
    30  ideal measurement for the district, but the standards
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     1  established by paragraphs (1), (2) and (3) take precedence over
     2  compactness where a conflict arises between compactness and
     3  these standards. In general, compact districts are those which
     4  are square, rectangular or hexagonal in shape to the extent
     5  permitted by natural or political boundaries.
     6     (5)  No district shall be drawn for the purpose of favoring a
     7  political party, incumbent legislator or member of Congress or
     8  other person or group. In establishing districts, no use shall
     9  be made of any of the following data:
    10     (i)  Addresses of incumbent legislators or members of
    11  Congress.
    12     (ii)  Political affiliations of registered voters.
    13     (iii)  Previous election results.
    14     (6)  Each bill embodying a plan drawn under this section
    15  shall provide that any vacancy in the General Assembly for which
    16  an individual takes office in the year ending in one, occurring
    17  at a time which makes it necessary to fill the vacancy at a
    18  special election held pursuant to section 629 of the act of June
    19  3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
    20  Code, shall be filled from the same district which elected the
    21  senator or representative whose seat is vacant.
    22     (7)  Each bill embodying a plan drawn under this section
    23  shall include provisions for election of senators to the General
    24  Assembly which take office in the years ending in three and
    25  five, which shall be in conformity with section 16 of this
    26  article.
    27     (8)  Each bill embodying a plan drawn under this section
    28  shall provide that any aggrieved person may file an appeal from
    29  the plan directly to the Supreme Court within 30 days after the
    30  passage thereof. If the appellant establishes that the final
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     1  plan is contrary to law, the Supreme Court shall issue an order
     2  remanding the plan to the bureau and directing the bureau to
     3  reapportion the Commonwealth in a manner not inconsistent with
     4  such order.
     5     (e)  (1)  The members of the temporary redistricting advisory
     6  commission established in subsection (c)(1) shall be selected as
     7  follows:
     8     (i)  Each of the four selecting authorities shall certify to
     9  the chief election officer his appointment of a person to serve
    10  on the commission. The certifications may be made at any time
    11  after the four selecting authorities have been selected for the
    12  General Assembly to take office in the year ending in one, even
    13  though the terms of office of the selecting authorities have not
    14  actually begun.
    15     (ii)  Within 30 days after the four selecting authorities
    16  have certified their respective appointments to the commission,
    17  but in no event later than February 15 of the year ending in
    18  one, the four commission members so appointed shall select, by a
    19  vote of at least three members, and certify to the chief
    20  election officer the fifth commission member who shall serve as
    21  chairperson.
    22     (iii)  A vacancy on the commission shall be filled by the
    23  initial selecting authority within 15 days after the vacancy
    24  occurs.
    25     (iv)  Members of the commission shall receive travel expenses
    26  and reimbursement for other necessary expenses incurred in
    27  performing their duties under this section.
    28     (2)  No person shall be appointed to the commission who:
    29     (i)  Is not an eligible elector of this Commonwealth at the
    30  time of selection.
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     1     (ii)  Holds partisan public office or political party office.
     2     (iii)  Is a relative of or is employed by a member of the
     3  General Assembly or of the United States Congress or is employed
     4  directly by the General Assembly or by the United States
     5  Congress.
     6     (f)  The functions of the commission shall be as follows:
     7     (1)  If, in preparation of any plan as required by this
     8  section, the bureau is confronted with the necessity to make any
     9  decision for which no clearly applicable guideline is provided
    10  by subsection (d), the bureau may submit a written request for
    11  direction to the commission.
    12     (2)  (i)  Prior to delivering any plan and the bill embodying
    13  that plan to the Secretary of the Senate and the Chief Clerk of
    14  the House of Representatives in accordance with subsection (c),
    15  the bureau shall provide to persons outside the bureau staff
    16  only such information regarding the plan as may be required by
    17  policies agreed upon by the commission.
    18     (ii)  This paragraph does not apply to data furnished to the
    19  bureau by the United States Bureau of the Census.
    20     (3)  Upon each delivery by the bureau to the commission or
    21  the General Assembly of a plan or bill embodying a plan,
    22  pursuant to subsection (c), the commission shall at the earliest
    23  feasible time make available to the public and post on the
    24  Internet the following information:
    25     (i)  Copies of the bill delivered by the bureau to the
    26  General Assembly.
    27     (ii)  Maps illustrating the plan.
    28     (iii)  A summary of the standards prescribed by subsection
    29  (d) for development of the plan.
    30     (iv)  A statement of the population of each district included
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     1  in the plan and the relative deviation of each district
     2  population from the ideal district population.
     3     (v)  An explanation of any deviation from any standard
     4  specified in subsection (d)(1)(i) and (ii), along with any
     5  document used to support the deviation.
     6     (g)  Any district which does not include the residence from
     7  which a member of the Senate was elected whether or not
     8  scheduled for election at the next general election shall elect
     9  a Senator at such election.
    10     (h)  The preliminary and adopted congressional and
    11  legislative redistricting plan shall be published by the chief
    12  elections officer once in at least one newspaper of general
    13  circulation in each congressional senatorial and representative
    14  district. The publication shall contain a map of the
    15  Commonwealth showing the complete reapportionment of the
    16  congressional and legislative districts, and a map showing the
    17  reapportionment districts in the area normally served by the
    18  newspaper in which the publication is made. The publication
    19  shall also state the population of the congressional senatorial
    20  and representative districts having the smallest and largest
    21  population and the percentage variation of such districts from
    22  the average population for congressional senatorial and
    23  representative districts.
    24     (i)  The commission shall expire and its responsibilities
    25  shall terminate when a redistricting plan is adopted and shall
    26  be reconstituted no later than February 15 in the year following
    27  the next Federal decennial census.
    28     (j)  (1)  A party aggrieved by a final plan under this
    29  section may file an action in the Supreme Court for review of
    30  the final plan. The appeal must be filed within 30 days of the
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     1  adoption of the final plan.
     2     (2)  If the Supreme Court finds that the final plan is
     3  unconstitutional, it shall order the bureau to make the
     4  necessary revisions to the plan and to submit the plan with
     5  revisions to the Supreme Court for approval.
     6     (k)  The following words and phrases when used in this
     7  section shall have the meanings given to them in this subsection
     8  unless the context clearly indicates otherwise:
     9     "Bureau."  The Legislative Reference Bureau.
    10     "Chief election officer."  The Secretary of the Commonwealth
    11  or a designee.
    12     "Commission."  The temporary redistricting advisory
    13  commission established pursuant to this section.
    14     "Federal census."  The decennial census required by Federal
    15  law to be conducted by the United States Bureau of the Census in
    16  every year ending in zero.
    17     "Four selecting authorities." 
    18     (1)  The Majority Leader of the Senate.
    19     (2)  The Minority Leader of the Senate.
    20     (3)  The Majority Leader of the House of Representatives.
    21     (4)  The Minority Leader of the House of Representatives.
    22     "Partisan public office."
    23     (1)  An elective or appointive office in the executive or
    24  legislative branch or in an independent establishment of the
    25  Federal Government.
    26     (2)  An elective office in the executive or legislative
    27  branch of the government of this Commonwealth or an office which
    28  is filled by appointment.
    29     (3)  An office of a county, city or other political
    30  subdivision of this Commonwealth which is filled by an election
    20080H2420B3718                 - 15 -     

     1  process involving nomination and election of candidates on a
     2  partisan basis.
     3     "Plan."  A plan for legislative and congressional
     4  reapportionment drawn up pursuant to the requirements of this
     5  section.
     6     "Political party office."  An elective office in the national
     7  or State organization of a political party.
     8     "Relative."  An individual who is related to the person in
     9  question as father, mother, son, daughter, brother, sister,
    10  uncle, aunt, first cousin, nephew, niece, husband, wife,
    11  grandfather, grandmother, father-in-law, mother-in-law, son-in-
    12  law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
    13  stepmother, stepson, stepdaughter, stepbrother, stepsister, half
    14  brother or half sister.
    15     Section 2.  (a)  Upon the first passage by the General
    16  Assembly of these proposed constitutional amendments, the
    17  Secretary of the Commonwealth shall proceed immediately to
    18  comply with the advertising requirements of section 1 of Article
    19  XI of the Constitution of Pennsylvania and shall transmit the
    20  required advertisements to two newspapers in every county in
    21  which such newspapers are published in sufficient time after
    22  passage of these proposed constitutional amendments.
    23     (b)  Upon the second passage by the General Assembly of these
    24  proposed constitutional amendments, the Secretary of the
    25  Commonwealth shall proceed immediately to comply with the
    26  advertising requirements of section 1 of Article XI of the
    27  Constitution of Pennsylvania and shall transmit the required
    28  advertisements to two newspapers in every county in which such
    29  newspapers are published in sufficient time after passage of
    30  these proposed constitutional amendments. The Secretary of the
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     1  Commonwealth shall:
     2         (1)  Submit the proposed constitutional amendments under
     3     section 1 to the qualified electors of this Commonwealth as a
     4     single ballot question at the first primary, general or
     5     municipal election which meets the requirements of and is in
     6     conformance with section 1 of Article XI of the Constitution
     7     of Pennsylvania and which occurs at least three months after
     8     the proposed constitutional amendments are passed by the
     9     General Assembly.
    10         (2)  Submit the proposed constitutional amendments under
    11     section 1 to the qualified electors of this Commonwealth as
    12     separate ballot questions at the first primary, general or
    13     municipal election which meets the requirements of and is in
    14     conformance with section 1 of Article XI of the Constitution
    15     of Pennsylvania and which occurs at least three months after
    16     the proposed constitutional amendments are passed by the
    17     General Assembly.









    E6L83DMS/20080H2420B3718        - 17 -
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