PRIOR PASSAGE - NONE
PRINTER'S NO. 1319
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1114
Session of
2017
INTRODUCED BY SIMS, DEAN, FREEMAN, SOLOMON, SCHWEYER, KINSEY,
O'BRIEN, KAVULICH, MADDEN, BULLOCK, MURT, RAVENSTAHL,
SCHLOSSBERG, GOODMAN, W. KELLER, DEASY AND DONATUCCI,
APRIL 10, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 10, 2017
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, in the Legislature, further
providing for Legislative Reapportionment Commission; and
providing for the Legislative Districting Commission, for
legislative redistricting, for Congressional Districting
Commission and for congressional redistricting.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following integrated amendments to the
Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 17 of Article II be repealed:
[§ 17. Legislative Reapportionment Commission.
(a) In each year following the year of the Federal decennial
census, a Legislative Reapportionment Commission shall be
constituted for the purpose of reapportioning the Commonwealth.
The commission shall act by a majority of its entire membership.
(b) The commission shall consist of five members: four of
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whom shall be the majority and minority leaders of both the
Senate and the House of Representatives, or deputies appointed
by each of them, and a chairman selected as hereinafter
provided. No later than 60 days following the official reporting
of the Federal decennial census as required by Federal law, the
four members shall be certified by the President pro tempore of
the Senate and the Speaker of the House of Representatives to
the elections officer of the Commonwealth who under law shall
have supervision over elections.
The four members within 45 days after their certification
shall select the fifth member, who shall serve as chairman of
the commission, and shall immediately certify his name to such
elections officer. The chairman shall be a citizen of the
Commonwealth other than a local, State or Federal official
holding an office to which compensation is attached.
If the four members fail to select the fifth member within
the time prescribed, a majority of the entire membership of the
Supreme Court within 30 days thereafter shall appoint the
chairman as aforesaid and certify his appointment to such
elections officer.
Any vacancy in the commission shall be filled within 15 days
in the same manner in which such position was originally filled.
(c) No later than 90 days after either the commission has
been duly certified or the population data for the Commonwealth
as determined by the Federal decennial census are available,
whichever is later in time, the commission shall file a
preliminary reapportionment plan with such elections officer.
The commission shall have 30 days after filing the
preliminary plan to make corrections in the plan.
Any person aggrieved by the preliminary plan shall have the
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same 30-day period to file exceptions with the commission in
which case the commission shall have 30 days after the date the
exceptions were filed to prepare and file with such elections
officer a revised reapportionment plan. If no exceptions are
filed within 30 days, or if filed and acted upon, the
commissions's plan shall be final and have the force of law.
(d) Any aggrieved person may file an appeal from the final
plan directly to the Supreme Court within 30 days after the
filing thereof. If the appellant establishes that the final plan
is contrary to law, the Supreme Court shall issue an order
remanding the plan to the commission and directing the
commission to reapportion the Commonwealth in a manner not
inconsistent with such order.
(e) When the Supreme Court has finally decided an appeal or
when the last day for filing an appeal has passed with no appeal
taken, the reapportionment plan shall have the force of law and
the districts therein provided shall be used thereafter in
elections to the General Assembly until the next reapportionment
as required under this section 17.
(f) Any district which does not include the residence from
which a member of the Senate was elected whether or not
scheduled for election at the next general election shall elect
a Senator at such election.
(g) The General Assembly shall appropriate sufficient funds
for the compensation and expenses of members and staff appointed
by the commission, and other necessary expenses. The members of
the commission shall be entitled to such compensation for their
services as the General Assembly from time to time shall
determine, but no part thereof shall be paid until a preliminary
plan is filed. If a preliminary plan is filed but the commission
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fails to file a revised or final plan within the time
prescribed, the commission members shall forfeit all right to
compensation not paid.
(h) If a preliminary, revised or final reapportionment plan
is not filed by the commission within the time prescribed by
this section, unless the time be extended by the Supreme Court
for cause shown, the Supreme Court shall immediately proceed on
its own motion to reapportion the Commonwealth.
(i) Any reapportionment plan filed by the commission, or
ordered or prepared by the Supreme Court upon the failure of the
commission to act, shall be published by the elections officer
once in at least one newspaper of general circulation in each
senatorial and representative district. The publication shall
contain a map of the Commonwealth showing the complete
reapportionment of the General Assembly by districts, and a map
showing the reapportionment districts in the area normally
served by the newspaper in which the publication is made. The
publication shall also state the population of the senatorial
and representative districts having the smallest and largest
population and the percentage variation of such districts from
the average population for senatorial and representative
districts.]
(2) That the Constitution be amended by adding articles to
read:
ARTICLE XII
LEGISLATIVE REDISTRICTING
Sec.
1. Definitions.
2. Legislative Districting Commission.
3. Powers and duties of director.
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4. Composition of commission and term limits.
5. Removal of commission members.
6. Legislative redistricting plan.
7. Original jurisdiction.
8. Applicability.
§ 1. 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 Legislative Reference Bureau.
"C ommission." The Legislative Districting Commission
constituted under section 2 of this article.
"Director." The director of the bureau.
"Plan." The legislative redistricting plan prepared under
section 6 of this article.
§ 2. L egislative Districting Commission.
No later than June 1 of the year after the year of the
Federal decennial census, the Legislative Districting Commission
shall be constituted for the purpose of legislative
reapportioning elected offices of the General Assembly in
accordance with this article.
§ 3. Powers and duties of director.
(a) The director shall have the following powers and duties:
(1) Determining the size and composition of the commission.
(2) No later than June 1 of the year after the year of the
Federal decennial census, selecting the members of the
commission in accordance with this section.
(b) The commission shall be composed of all of the
following:
(1) A demographer.
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(2) A cartographer.
(3) An applied mathematician.
(4) A computer scientist.
(5) A lawyer or legal expert who specializes in election and
redistricting law.
(c) The director shall determine the education and
experience that an individual is required to have in order to be
selected as one of the members listed under subsection (b) of
this section. In determining the education and experience
required, the director may not deviate from what is normally
considered to be the minimum qualifications required to be
employed as the professional listed under subsection (b) of this
section.
§ 4. Composition of commission and term limits.
(a) The members of the commission shall be:
(1) full-time employees of the bureau; or
(2) if the director determines that the needs of the
commission cannot be met by full-time employees of the bureau,
the director shall hire, on a contractual basis, employees for
the purpose of serving on the commission.
(b) An individual may not serve on the commission if the
individual is any of the following:
(1) An elected official.
(2) An official who holds a position as result of the
consent of the Senate.
(3) A candidate for elected office.
(4) A member of the Congressional Districting Commission
established under Article XIII.
(c) The term of a member of the commission begins when the
member is selected and ends when a legislative redistricting
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plan is adopted by the General Assembly under section 6 of this
article or the Supreme Court is required to prepare the
legislative redistricting plan under section 6 of this article.
§ 5. Removal of commission members.
(a) A member of the commission may only be removed during
the member's term in accordance with section 7 of Article VI.
(b) If a member of the commission is removed from the
commission in accordance with section 7 of Article VI and the
member is an employee of the bureau, the bureau may not
terminate the employment of the employee unless the grounds for
removal would violate the bureau's employment policies as
determined by the director.
§ 6. Legislative redistricting plan.
(a) No later than 90 days after either the commission has
been formed or the population data for this Commonwealth as
determined by the Federal decennial census is available,
whichever is later in time, the commission shall hold public
hearings and prepare a plan establishing the boundaries of the
legislative districts for the General Assembly that complies
with applicable Federal and State law.
(b) The commission shall present the plan to the President
pro tempore of the Senate and the Speaker of the House of
Representatives, who shall introduce the plan as a bill no later
than the first day of its regular session in the second year
after the Federal decennial census. The General Assembly may not
amend the bill.
(c) The Governor may call a special session for the
presentation of the plan before the first day of its regular
session in the second year after the Federal decennial census.
(d) If the General Assembly fails to adopt the plan within
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17 days from the beginning of its regular session in the second
year after the Federal decennial census, the commission shall
prepare an alternative plan and submit it to the President pro
tempore of the Senate and the Speaker of the House of
Representatives, who shall introduce the plan as a bill.
(e) If the alternative plan introduced under subsection (d)
of this section fails to receive a majority vote of the General
Assembly within 52 days of its regular session in the second
year after the Federal decennial census, the Supreme Court
shall prepare the plan establishing the boundaries of the
legislative districts.
§ 7. Original jurisdiction.
If the General Assembly adopts a plan, on petition of any
registered voter in this Commonwealth, the Supreme Court:
(1) shall have original jurisdiction to review the plan; and
(2) may grant appropriate relief if the Supreme Court finds
that the redistricting of this Commonwealth is not consistent
with applicable Federal and State law.
§ 8. Applicability.
(a) This article shall apply to legislative districts on or
after the date of the notice published under subsection (c) .
(b) The director shall determine whether the Commonwealth of
Virginia and the State of Maryland have adopted a legislative
redistricting process that is substantially similar to the
legislative redistricting process under this article. A
legislative redistricting process is substantially similar to
the legislative redistricting process under this article if the
following criteria are met:
(1) The legislative redistricting plan is initially
developed and proposed by a commission composed of individuals
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who are employees of or contracted by a nonpartisan agency that
provides nonpartisan research or analysis for the Commonwealth
of Virginia or State of Maryland.
(2) The commission members are not selected by the Governor
of the Commonwealth of Virginia or the Governor of the State of
Maryland or a designated individual of the Governor of the
Commonwealth of Virginia or the Governor of the State of
Maryland.
(3) The commission members are not selected by the General
Assembly of the Commonwealth of Virginia or the State of
Maryland or a designated individual of the General Assembly of
the Commonwealth of Virginia or the State of Maryland.
(4) The General Assembly of the Commonwealth of Virginia
and the State of Maryland are permitted to vote on the
legislative redistricting plan proposed by the commission.
(5) If the General Assembly of the Commonwealth of Virginia
or the State of Maryland fails to adopt the legislative
redistricting plan proposed by the commission, the Supreme Court
of Virginia or the Court of Appeals of Maryland shall prepare a
legislative redistricting plan.
(c) Upon determining that the Commonwealth of Virginia and
the State of Maryland have adopted a legislative redistricting
process that is substantially similar to the legislative
redistricting process under this article, the director shall
submit a notice of the determination for publication in the
Pennsylvania Bulletin.
ARTICLE XIII
CONGRESSIONAL REAPPORTIONMENT
Sec.
1. Definitions.
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2. Congressional Districting Commission.
3. Powers and duties of director.
4. Composition of commission and term limits.
5. Removal of commission members.
6. Congressional redistricting plan.
7. Original jurisdiction.
8. Applicability.
§ 1. 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 Legislative Reference Bureau.
"C ommission." The Congressional Districting Commission
constituted under section 2 of this article.
"Director." The director of the bureau.
"Plan." The congressional redistricting plan prepared under
section 6 of this article.
§ 2. Congressional Districting Commission.
No later than June 1 of the year after the year of the
Federal decennial census, the Congressional Districting
Commission shall be constituted for the purpose of
reapportioning Federal elected offices of the United States
House of Representatives in accordance with this article.
§ 3. Powers and duties of director.
(a) The director shall have the following powers and duties:
(1) Determining the size and composition of the commission.
(2) No later than June 1 of the year after the year of the
Federal decennial census, selecting the members of the
commission in accordance with this section.
(b) The commission shall be composed of all of the
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following:
(1) A demographer.
(2) A cartographer.
(3) An applied mathematician.
(4) A computer scientist.
(5) A lawyer or legal expert who specializes in election and
redistricting law.
(c) The director shall determine the education and
experience that an individual is required to have in order to be
selected as one of the members listed in subsection (b) of this
section. In determining the education and experience required,
the director may not deviate from what is normally considered to
be the minimum qualifications required to be employed as the
professional listed.
§ 4. Composition of commission and term limits.
(a) The members of the commission shall be:
(1) full-time employees of the bureau; or
(2) if the director determines that the needs of the
commission cannot be met by full-time employees of the bureau,
the director shall hire, on a contractual basis, employees for
the purpose of serving on the commission.
(b) An individual may not serve on the commission if the
individual is any of the following:
(1) An elected official.
(2) An official who holds a position as result of the
consent of the Senate.
(3) A candidate for elected office.
(4) A member of the Legislative Districting Commission
established under Article XII.
(d) The term of a member of the commission begins when the
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member is selected and ends when a congressional redistricting
plan is adopted by the General Assembly under section 6 of this
article or the Supreme Court is required to prepare the
legislative redistricting plan under section 6 of this article.
§ 5. Removal of commission members.
(a) A member of the commission may only be removed during
the member's term in accordance with section 7 of Article VI.
(b) If a member of the commission is removed from the
commission in accordance with section 7 of Article VI and the
member is an employee of the bureau, the bureau may not
terminate the employment of the employee unless the grounds for
removal would violate the bureau's employment policies as
determined by the director.
§ 6. Congressional redistricting plan.
(a) No later than 90 days after either the commission has
been formed or the population data for the Commonwealth as
determined by the Federal decennial census are available,
whichever is later in time, the commission shall hold public
hearings and prepare a plan establishing the boundaries of
congressional districts that complies with applicable Federal
and State law.
(b) The commission shall present the plan to the President
pro tempore of the Senate and the Speaker of the House of
Representatives, who shall introduce the plan as a bill no later
than the first day of its regular session in the second year
after the Federal decennial census. The General Assembly may not
amend the bill.
(c) The Governor may call a special session for the
presentation of the plan before the first day of its regular
session in the second year after the Federal decennial census.
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(d) If the General Assembly fails to adopt the plan within
17 days from the beginning of its regular session in the second
year following the Federal decennial census, the commission
shall prepare an alternative plan and submit it to the President
pro tempore of the Senate and the Speaker of the House of
Representatives, who shall introduce the plan as a bill.
(e) If the alternative plan introduced under subsection (d)
of this section fails to receive a majority vote of the General
Assembly within 52 days of its regular session in the second
year after the Federal decennial census, the Supreme Court
shall prepare the plan establishing the boundaries of the
congressional districts.
(f) With regard to natural boundaries and the boundaries of
political subdivisions, each congressional district shall:
(1) consist of adjoining territory;
(2) be compact in form; and
(3) be substantially of equal population.
§ 7. Original jurisdiction.
If the General Assembly adopts a plan, on petition of any
registered voter in this Commonwealth, the Supreme Court:
(1) shall have original jurisdiction to review the plan; and
(2) may grant appropriate relief if the Supreme Court finds
that the congressional redistricting of this Commonwealth is not
consistent with applicable Federal and State law.
§ 8. Applicability.
(a) This article shall apply to legislative districts on or
after the date of the notice published under subsection (c) .
(b) The director shall determine whether the Commonwealth of
Virginia and the State of Maryland have adopted a congressional
redistricting process that is substantially similar to the
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congressional redistricting process under this article. A
congressional redistricting process is substantially similar to
a congressional redistricting process under this article if the
following criteria are met:
(1) The congressional redistricting plan is initially
developed and proposed by a commission composed of individuals
who are employees of or contracted by a nonpartisan agency that
provides nonpartisan research or analysis for the Commonwealth
of Virginia or State of Maryland.
(2) The commission members are not selected by the Governor
of the Commonwealth of Virginia or the Governor of the State of
Maryland or a designated individual of the Governor of the
Commonwealth of Virginia or the Governor of the State of
Maryland.
(3) The commission members are not selected by the General
Assembly of the Commonwealth of Virginia or the State of
Maryland or a designated individual of the General Assembly of
the Commonwealth of Virginia or the State of Maryland.
(4) The General Assembly of the Commonwealth of Virginia
and the State of Maryland are permitted to vote on the
congressional redistricting plan proposed by the commission.
(5) If the General Assembly of the Commonwealth of Virginia
or the State of Maryland fails to adopt the congressional
redistricting plan proposed by the commission, the Supreme Court
of Virginia or the Court of Appeals of Maryland shall prepare a
congressional redistricting plan.
(c) Upon determining that the Commonwealth of Virginia and
the State of Maryland have adopted a congressional redistricting
process that is substantially similar to the congressional
redistricting process under this article, the director shall
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submit a notice of the determination for publication in the
Pennsylvania Bulletin.
Section 2. (a) Upon the first passage by the General
Assembly of these proposed constitutional amendments, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of these proposed constitutional amendments.
(b) Upon the second passage by the General Assembly of these
proposed constitutional amendments, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
these proposed constitutional amendments. The Secretary of the
Commonwealth shall submit the proposed constitutional amendments
under section 1 of this resolution to the qualified electors of
this Commonwealth as a single ballot question at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendments are
passed by the General Assembly.
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