See other bills
under the
same topic
PRIOR PASSAGE - NONE
PRINTER'S NO. 457
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
464
Session of
2017
INTRODUCED BY BLAKE, SABATINA, LEACH, SCHWANK, YUDICHAK,
FONTANA, HAYWOOD, FARNESE AND BOSCOLA, MARCH 1, 2017
REFERRED TO STATE GOVERNMENT, MARCH 1, 2017
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, in the legislature, further providing for
the designation of legislative and congressional districts
within this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 17 of Article II be amended to read:
ยง 17. Legislative [Reapportionment] Redistricting Commission.
(a) In each year following the year of the Federal decennial
census, a Legislative [Reapportionment] Redistricting Commission
shall be constituted for the purpose of [reapportioning the
Commonwealth. The commission shall act by a majority of its
entire membership.] redistricting the districts of the Senate
and House of Representatives of the General Assembly and the
districts apportioned to the Commonwealth in the House of
Representatives of the United States Congress.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
[(b) The commission shall consist of five members: four of
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.]
(b.1) The following shall apply to the commission:
(1) The commission shall consist of the following members:
(i) Eight legislative appointees. The majority and minority
leaders of the Senate and the House of Representatives shall
each appoint two commissioners under this subparagraph.
(ii) One commissioner chosen by at least six of the eight
commissioners appointed under subparagraph (i). The commissioner
chosen under this subparagraph shall serve as chairperson.
(2) Each commissioner shall be a citizen of this
20170SB0464PN0457 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Commonwealth and may not hold a local, State or Federal office
to which compensation is attached.
(3) A commissioner may not be a staff person of a local,
State or Federal official holding an office to which
compensation is attached.
(4) No later than 60 days following the official reporting
of the Federal decennial census as required by Federal law, the
eight commissioners under paragraph (1)(i) shall be certified by
the President pro tempore of the Senate and the Speaker of the
House of Representatives to the Secretary of the Commonwealth.
(5) The eight commissioners under paragraph (1)(i) must,
within 45 days after their certification, select the ninth
commissioner, who shall serve as chairperson of the commission,
and shall immediately certify that individual's name to the
Secretary of the Commonwealth.
(6) If at least six of the eight commissioners appointed
under paragraph (1)(i) fail to select the ninth commissioner
within the time required under paragraph (5), a majority of the
justices of the Supreme Court must, within 30 days after the
time required under paragraph (5), appoint the chairperson and
certify that individual's appointment to the Secretary of the
Commonwealth.
Any vacancy in the commission shall be filled within 15 days
in the same manner in which such position was originally filled.
(b.2) Each meeting of the commission must be held in public
and must comply with any law which applies to open meetings.
(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
20170SB0464PN0457 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
preliminary reapportionment plan with such elections officer.]
the commission has certified that the population data for this
Commonwealth, as determined by the Federal decennial census, is
available, the commission shall file a preliminary redistricting
plan with the Secretary of the Commonwealth that has been
approved by at least seven of the nine commissioners and that
includes both the legislative and congressional districts.
The commission shall have 30 days after filing the
preliminary plan to make corrections in the plan. During the 30-
day period, the commission must hold at least two public
meetings for citizen input. These meetings shall be
geographically dispersed throughout this Commonwealth.
Any person aggrieved by the preliminary plan shall have the
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] the Secretary of the Commonwealth a revised
[reapportionment] redistricting plan to be approved by at least
seven of the nine commissioners. If no exceptions are filed
within 30 days, or if filed and acted upon, the [commissions's]
commission'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] redistrict the Commonwealth in a
manner not inconsistent with such order. A plan adopted after
remand must be approved by at least seven of the nine
commissioners.
20170SB0464PN0457 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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] redistricting plan shall have the
force of law and the districts therein provided shall be used
thereafter in elections to the General Assembly and Congress
until the next [reapportionment] redistricting 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
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]
redistricting 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]
redistrict the Commonwealth.
(i) Any [reapportionment] redistricting 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
20170SB0464PN0457 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[elections officer] Secretary of the Commonwealth once in at
least one newspaper of general circulation in each senatorial
[and], representative and congressional district. The
publication shall contain a map of the Commonwealth showing the
complete [reapportionment] redistricting of the General Assembly
and Congress by districts, and a map showing the
[reapportionment] redistricted 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 and congressional districts having the
smallest and largest population and the percentage variation of
such districts from the average population for senatorial [and],
representative and congressional districts.
(j) Redistricting of Congress and the General Assembly must
be completed by the end of the calendar year following the
Federal decennial census.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, 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 this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, 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
20170SB0464PN0457 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth 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 amendment is
passed by the General Assembly.
20170SB0464PN0457 - 7 -
1
2
3
4
5
6
7
8
9