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PRINTER'S NO. 297
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
384
Session of
2015
INTRODUCED BY PILEGGI, COSTA, FOLMER, BAKER, BLAKE, BREWSTER,
FONTANA, GORDNER, LEACH, HUGHES, GREENLEAF, RAFFERTY,
SCHWANK, SMITH, TARTAGLIONE, TEPLITZ, VANCE, VULAKOVICH, YAW
AND YUDICHAK, FEBRUARY 3, 2015
REFERRED TO STATE GOVERNMENT, FEBRUARY 3, 2015
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in election districts and polling places, further
providing for court to create new election districts, for
petitions for new election districts, reference to county
board of elections and report, for petitions by county board
and action by court on petition or report, for wards in
cities of the first class may be created, divided, realigned
or consolidated, for definitions, for restrictions on
alteration, for alterations after period of restriction and
for reports; providing for Official Municipal, Ward, Division
and Precinct Boundary Database and for Official Voter
Registration and Election Results Database; imposing a duty
on counties; imposing duties on the Secretary of the
Commonwealth; and providing for population data for
congressional redistricting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 502, 503, 504 and 532 heading and (a) of
the act of June 3, 1937 (P.L.1333, No.320), known as the
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Pennsylvania Election Code, amended December 9, 2002 (P.L.1246,
No.150), are amended to read:
Section 502. Court to Create New Election Districts.--
Subject to the provisions of section 501 of this act, the court
of common pleas of the county in which the same are located, may
form or create new election districts by dividing or redividing
any borough, township, ward or election district into two or
more election districts of compact and contiguous territory,
having boundaries [with clearly visible physical features]
conforming with census block lines from the most recently
completed Federal decennial census and wholly contained within
any larger district from which any Federal, State, county,
municipal or school district officers are elected, or alter the
bounds of any election district, or form an election district
out of two or more adjacent districts or parts of districts, or
consolidate adjoining election districts or form an election
district out of two or more adjacent wards, so as to suit the
convenience of the electors and to promote the public interests.
Except for good cause shown, election districts so formed shall
not contain more than one thousand two hundred (1,200)
registered electors. No election district shall be formed that
shall contain less than one hundred (100) registered electors.
When a school district crosses county lines, the regions of the
school district shall be composed of contiguous election
districts.
Section 503. Petitions for New Election Districts; Reference
to County Board of Elections; Report.--Upon the petition of
twenty registered electors of any township, borough, ward or
election district, to the court of the proper county, praying
for the division or redivision of such township, borough, ward
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or election district into two or more election districts, or for
the alteration of the bounds of any election district, or for
the formation of one or more election districts out of two or
more existing election districts, or parts thereof, or for the
consolidation of adjoining election districts, the said court
shall refer the said petition to the county board of elections,
which shall make a full investigation of the facts, and shall
report to the court its findings and recommendations as to the
division, redivision, alteration, formation or consolidation of
election districts prayed for. If the county board shall find
that a division, redivision, alteration, formation or
consolidation of election districts will promote the convenience
of the electors and the public interests, it shall recommend a
proper division, redivision, alteration, formation or
consolidation of election districts, which must [have clearly
visible physical boundaries conforming] conform with census
block lines from the most recently completed Federal decennial
census, and shall accompany its report with a map and a verbal
description of the boundaries, as well as a certification of the
number of electors registered in each of the resulting election
districts for the immediately preceding general or municipal
election. Such petitions may specify the boundaries desired by
the petitioners, and may be accompanied by a map setting forth
such boundaries. When petitioners request specific boundaries,
their petition shall include a certification from the county
board of elections of the electors registered in each proposed
election district for the immediately preceding general or
municipal election.
Section 504. Petitions by County Board; Action by Court on
Petition or Report.--The county board of elections may also
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petition the court for the division or redivision of any
township, borough, ward or election district into two or more
election districts, or for the alteration of the bounds of any
election district, or for the formation of one or more election
districts out of two or more existing election districts, or
parts thereof, or for the consolidation of adjoining election
districts, accompanying its petition with a map and a verbal
description of the boundaries of the proposed new election
districts which must [have clearly visible physical features
conforming] conform with census block lines from the most
recently completed Federal decennial census. The petition must
also include a certification of the number of electors
registered in each of the resulting election districts for the
immediately preceding general or municipal election. Upon the
presentation of any such petition by the county board, or upon
the filing by the board of its report and recommendations as to
any petition presented by qualified electors under the
provisions of section 503 of this act, the court may make such
order for the division, redivision, alteration, formation or
consolidation of election districts, as will, in its opinion,
promote the convenience of electors and the public interests:
Provided, however, That the court shall not make any final order
for the division, redivision, alteration, formation or
consolidation of election districts until at least ten days
after notice shall have been posted in at least five public and
conspicuous places in the district or districts to be affected
thereby, one of which notices shall be posted on or in the
immediate vicinity of the polling place in each such district.
Such notice shall state in brief form the division, redivision,
alteration, formation or consolidation of election districts
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recommended by the county board, the number of electors
registered in each district at the immediately preceding general
or municipal election, and the date upon which the same will be
considered by the court, and shall contain a warning that any
person objecting thereto must file his objections with the clerk
of the court prior to such date. Upon the making of any such
final order by the court, a copy thereof shall be certified by
the clerk to the county board of elections.
Section 532. Wards in Cities of the First Class May be
[Created,] Established, Abolished, Divided, [Realigned, or]
Consolidated or Altered.--
(a) Wards in a city of the first class may be [created,]
established, abolished, divided, [realigned or] consolidated or
altered, [along clearly visible physical boundaries] conforming
with census block lines from the most recently completed Federal
decennial census, by the court of common pleas of the county in
which said city is located, upon application thereto for those
purposes by the petition of at least a total of one hundred
qualified electors from the ward or wards sought to be affected,
or of the council of such city.
* * *
Section 2. Section 535 of the act, added November 24, 1999
(P.L.543, No.51), is amended to read:
Section 535. Definitions.--The following words and phrases
when used in this subdivision shall have the following meanings
unless otherwise clearly apparent from the context:
The word "bureau" shall mean the Bureau of Commissions,
Elections and Legislation of the Department of State.
The word "department" shall mean the Department of State of
the Commonwealth.
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The word "notice of boundary change" shall mean a notice
provided by a county to the bureau in a manner and form
prescribed by the department that the boundary of a county,
municipality, ward or election district has changed. At a
minimum, the notice must include a map and verbal description.
The word "secretary" shall mean the Secretary of the
Commonwealth.
Section 3. Section 536 of the act, amended July 14, 2009
(P.L.86, No.20), is amended to read:
Section 536. Restrictions on Alteration.--(a) Except as
provided in subsection (b), there shall be no power to
establish, abolish, divide, consolidate or alter in any manner
an election district during the period [July 15, 2009] July 1 ,
2019, through November 30, [2012] 2022, or through resolution of
all judicial appeals to the [2012] 2021 Congressional
Redistricting Plan or the 2021 Legislative Reapportionment
Commission Plan, whichever occurs later.
(b) During the period from [July 15, 2009] July 1, 2019,
through December 31, [2010] 2020, an election district may be
divided or election districts may be combined if the following
are met:
(1) In the case of the division of an election district, the
boundary of each resulting district [is composed entirely of
clearly visible physical features conforming] conforms with
[the] census block lines from the most recently completed
Federal decennial census or portions of the original boundary of
the election district which was divided.
(2) In the case of the combination of election districts,
the boundary of each resulting district is composed entirely of
portions of the original boundaries of the election districts
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which were combined.
(c) If an alteration of an election district under
subsection (b) is sought, the following shall apply:
(1) The county board of elections shall notify the
secretary, in writing, of the proposed alteration. The notice
shall include a map and a description of the proposed boundary
of any new or altered district or districts. The secretary shall
forward a copy of any notice of proposed alteration to the
Legislative Data Processing Center within seven (7) days of
receipt.
(2) Before a county board of elections may petition the
court for a change in the boundary of an election district under
this section, the secretary must make a determination that the
board has complied with subsection (b). Any of the following
constitute evidence of the determination under this clause:
(i) A certification by the secretary that the determination
has been made.
(ii) A certification by the board that notice under this
clause has been given to the secretary and that the secretary
has not acted within forty-five (45) days of the notice.
(3) The board shall forward a copy of the order approving
any alteration to the secretary and the Legislative Data
Processing Center within seven (7) days of the issuance of that
order.
Section 4. Section 537 of the act, amended December 9, 2002
(P.L.1246, No.150), is amended to read:
Section 537. Alterations After Period of Restriction.--(a)
Unless otherwise provided in this act, an election district may
be established, abolished, divided, consolidated or altered if
the boundary of each resulting district [is composed entirely of
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clearly visible physical features conforming] conforms with
census block lines from the most recently completed Federal
decennial census.
(b) Within thirty (30) days of an alteration under
subsection (a), the county board of elections shall submit to
the bureau a [report] notice of boundary change, including a map
and a verbal description, of the boundaries of each resulting
district.
(c) The bureau shall review each [report] notice of boundary
change submitted under subsection (b) to determine whether the
boundaries of all resulting election districts included in the
[report] notice of boundary change comply with the requirements
of subsection (a). If the bureau determines that the boundaries
of any resulting election district included in the [report]
notice of boundary change do not comply with the requirements of
subsection (a), the bureau shall send a written [notice of this]
determination to the county board of elections within thirty
(30) days of receipt of the report. Within sixty (60) days of
receipt of the [notice] determination, the county board shall
submit a subsequent [report] notice of boundary change regarding
the election district or districts named in the bureau's
[notice] determination, indicating that changes have been made
to the boundaries of each such election district so as to comply
with the requirements of subsection (a). If the county board
fails to submit a subsequent [report] notice of boundary change
indicating that changes have been made to the boundaries of each
such election district so as to comply with the requirements of
subsection (a), the Department of State shall withhold any
reimbursements owed to the county board under section 305 until
the bureau receives the [report] notice of boundary change.
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Section 5. Section 538 of the act, added November 24, 1999
(P.L.543, No.51), is amended to read:
Section 538. Reports.--(a) Within six (6) months of the
effective date of this subdivision, each county board of
elections shall submit to the bureau a report, including maps
and verbal descriptions, of the boundaries of every election
district within the county. All [reports] notices filed under
section 536 or notices of boundary change filed under section
537 shall be filed as amendments to this initial report.
(b) The bureau shall retain at all times the reports of the
current boundaries of all election districts, including maps and
verbal descriptions. [Copies of such reports shall be made
available to the General Assembly, on request, and to the public
for a fee, as established by the department.] The department
shall develop an official boundary database, as required under
Article V-A.
Section 6. The act is amended by adding an article to read:
ARTICLE V-A
DATABASES, POPULATION DATA
AND CONGRESSIONAL REDISTRICTING
Section 501-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bureau." The Bureau of Commissions, Elections and
Legislation of the Department of State.
"Center." The Legislative Data Processing Center.
"Department." The Department of State of the Commonwealth.
"Director." The Executive Director of the Legislative Data
Processing Center.
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"Notice of boundary change." A notice provided by a county
to the bureau in a manner and form prescribed by the department
that the boundary of a county, municipality, ward or election
district has changed.
"Official boundary database." A Statewide database of
county, municipal, ward or election district boundaries
established under section 502-A.
"Secretary." The Secretary of the Commonwealth.
Section 502-A. Official Municipal, Ward, Division and Precinct
Boundary Database.
(a) Accounting of boundaries.--No later than December 31,
2016, each county in this Commonwealth shall submit to the
secretary a full and complete accounting of the municipal, ward
or election district boundaries in the county in a manner and
form prescribed by the department.
(b) Official boundary database.--The secretary shall develop
the official boundary database in consultation with the
director. The database shall be available to the public at no
cost on the center's official Internet website in multiple
commonly used formats, including GIS mapping files such as ESRI
shapefiles, Internet geographic visualization files such as
Keyhole Markup Language files and easily readable files such as
Portable Document Format files.
(c) New version of database.--When a new version of the
official boundary database is released, the previous versions
must be maintained and clearly labeled on the center's official
Internet website.
(d) Duty of county.--When a change is made to the boundary
of a municipality, ward or election district within a county,
the county shall provide a notice of boundary change under the
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requirements of section 537. At a minimum, the notice must
include a map and verbal description.
(e) Updating database.--The secretary shall update the
official boundary database and transmit the update to the
director within 30 days of receiving a notice of boundary
change.
(f) Notice of boundary change.--A notice of boundary change
certified by the secretary must be transmitted within seven days
to the director, who shall post and maintain the notice on the
center's Internet website in a way that associates it with the
relevant version of the official boundary database.
Section 503-A. Official Voter Registration and Election Results
Database.
(a) Establishment.--No later than December 31, 2016, the
secretary shall develop an Official Voter Registration and
Election Results Database in consultation with the director. The
database shall be available to the public on the center's
official Internet website in multiple commonly used formats,
including database files such as Microsoft Excel files and
Comma-Separated Values files and easily readable files such as
Portable Document Format files.
(b) Data.--The Official Voter Registration and Election
Results Database must include date-referenced voter registration
data and results from all Statewide referendum questions, all
Statewide primary and general elections at the Federal and State
levels for both odd-year and even-year elections, all General
Assembly elections, all congressional elections and all
countywide elections. The database must include data showing the
number of voters who voted at each polling place, by provisional
ballot, and by absentee ballot. The results must be stored in a
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manner that may be searched, aggregated, displayed, printed and
sorted by, at a minimum, the following:
(1) candidate name;
(2) political party;
(3) elective office;
(4) number of votes received;
(5) number of registered voters;
(6) county;
(7) municipality;
(8) ward; and
(9) election district, including a division or precinct.
(c) New data.--When new data is added to the Official Voter
Registration and Election Results Database, existing data must
be maintained unless errors in the existing data are being
corrected.
Section 504-A. Maintenance of data.
The official boundary database and Official Voter
Registration and Election Results Database must be maintained by
the director and the secretary in such a way that the data is
compatible and may be cross-referenced.
Section 505-A. Population data for congressional redistricting.
The population data for this Commonwealth most recently
certified by the Legislative Reapportionment Commission must be
used in congressional redistricting legislation considered by
the General Assembly.
Section 7. This act shall take effect in 60 days.
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