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PRIOR PASSAGE - NONE
PRINTER'S NO. 3643
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2332
Session of
2018
INTRODUCED BY NEILSON AND SAMUELSON, JUNE 7, 2018
REFERRED TO COMMITTEE ON RULES, JUNE 7, 2018
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, further providing for
legislative districts and for the Legislative Reapportionment
Commission for the purpose of reapportioning and
redistricting the Commonwealth of Pennsylvania.
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 16 of Article II be amended to read:
§ 16. Legislative and Congressional districts.
(a) The Commonwealth shall be divided into 50 senatorial and
203 representative districts, which shall be composed of compact
and contiguous territory as nearly equal in population as
practicable. Each senatorial district shall elect one Senator,
and each representative district one Representative. Unless
absolutely necessary no county, city, incorporated town,
borough, township or ward shall be divided in forming either a
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senatorial or representative district. A county may not contain
more senatorial districts than the number required by the
population plus one. A county may not contain more
representative districts than the number required by the
population plus two. Senatorial and representative districts
shall respect, where practicable, communities of interest.
(b) Congressional districts shall each have a population as
close to the applicable ideal district population as possible.
To the extent consistent with equality of population,
congressional districts shall be composed of compact and
contiguous territory and, unless absolutely necessary, no
county, city, incorporated town, borough, township or ward shall
be divided in forming congressional districts. Congressional
districts shall respect, where practicable, communities of
interest.
(c) A legislative and congressional redistricting plan shall
not, as a whole, favor a specific person, political party or
political body.
(2) That section 17 of Article II be amended to read:
§ 17. Legislative [Reapportionment] and Congressional
Redistricting Commission.
(a) [In each year following the year of the Federal
decennial census] Not later than December 31 of each year ending
in zero, a Legislative [Reapportionment] and Congressional
Redistricting Commission shall be constituted for the purpose of
[reapportioning] redistricting the Commonwealth. The commission
shall [act by a majority of its entire membership.]:
(1) Conduct an open and transparent process enabling full
public consideration of and comment on the drawing of district
lines.
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(2) Draw district lines according to the redistricting
criteria specified in section 16.
(3) Conduct itself with integrity and fairness.
[(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.
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
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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
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
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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 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.]
(b) The commission shall consist of 11 members, as follows:
four who are registered with the largest political party in this
Commonwealth based on registration, four who are registered with
the second-largest political party in this Commonwealth based on
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registration and three who are not registered with either of the
two largest political parties in this Commonwealth based on
registration.
(c) Each commission member shall possess all of the
following qualifications:
(1) Be a voter who has been continuously registered in this
Commonwealth with the same political party or unaffiliated with
a political party or political body and whose political
affiliation has not changed in the previous three years
immediately preceding the date of appointment to the commission.
(2) Has voted in two of the last three Statewide general
elections immediately preceding the date of appointment to the
commission.
(3) Has not held, nor has a spouse who has held, elective
public office at the Federal, State or political subdivision
level in this Commonwealth in the previous five years
immediately preceding the date of appointment to the commission.
(4) Has not served as a paid staff member or paid consultant
to Congress, the General Assembly, the Commonwealth or any
political subdivision in this Commonwealth in the previous five
years immediately preceding the date of appointment to the
commission.
(5) Has not registered as a Federal, State or local lobbyist
in this Commonwealth in the previous five years immediately
preceding the date of appointment to the commission.
(6) Has not held office or served as a paid staff member for
a political party or political body in the previous five years
immediately preceding the date of appointment to the commission.
(7) Has not been nominated as a candidate for elective
office by a political party or political body or served as a
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paid staff member or officer of a political party, political
body, political committee or political action committee in the
previous five years immediately preceding the date of
appointment to the commission.
(d) Application and selection of the members of the
commission shall be subject to the following:
(1) Application to serve as a member of the commission may
be filed with, and on a form developed by, the Secretary of the
Commonwealth indicating thereon evidence of his or her
qualifications as provided by this section.
(2) The Secretary of the Commonwealth shall verify the
qualifications of each applicant. If the Secretary of the
Commonwealth finds that an applicant is not qualified, the
Secretary of the Commonwealth shall not include the applicant's
name in the pool of applicants.
(3) The Secretary of the Commonwealth shall separate all
qualified applicants into three groups consisting of those who
are:
(i) registered with the largest political party in this
Commonwealth based on registration;
(ii) registered with the second-largest political party in
this Commonwealth based on registration; and
(iii) not registered with either of the two largest
political parties in this Commonwealth based on registration.
(4) The Secretary of the Commonwealth shall select, for
appointment as members of the commission under paragraph (3), on
a random basis from each of the three groups of qualified
applicants. In addition to the qualification requirements
provided in subsection (c), appointments from each group shall
reasonably reflect the racial, geographic and gender diversity
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of this Commonwealth.
(5) One of the members shall be selected as chair by a vote
of at least six members of the commission.
(e) The term of office of each member of the commission
shall expire at the same time the commission expires as provided
in this section.
(f) Removal of a member and vacancies on the commission
shall be subject to the following:
(1) If a member of the commission fails to attend more than
two consecutive meetings at which a vote of the commission is
scheduled, the member's position shall be deemed vacant unless
the member is absent due to death of an immediate family member,
personal illness or illness of an immediate family member.
(2) A vacancy in the commission shall be filled within 14
days from the time the commission is notified of the vacancy in
the same manner that the position was originally filled and
using the same pool of applicants under subsection (d)(3) from
which the vacating member was chosen. If none of those remaining
applicants are available for service, the Secretary of the
Commonwealth shall fill the vacancy from a new pool of
applicants created for the same voter registration category as
the vacating member.
(g) A member shall be ineligible for a period of three years
beginning from the expiration of the term that the member was
appointed to the commission to:
(1) Hold an appointive State or political subdivision
position in this Commonwealth.
(2) Serve as a paid staff member or paid consultant to
Congress, the General Assembly, the Commonwealth or any
political subdivision.
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(3) Register as a Federal, State or local lobbyist in this
Commonwealth.
(4) Hold office or serve as a paid staff member or paid
political consultant for a political party, political body,
political committee or political action committee.
(h) A member shall be ineligible for a period of five years
beginning from the expiration of the term that the member was
appointed to the commission to:
(1) Hold elective public office at the State or political
subdivision level in this Commonwealth.
(2) Be eligible for nomination as a candidate for elective
office by a political party or political body.
(i) Seven members of the commission shall constitute a
quorum. Seven or more affirmative votes shall be required for an
official action. The final plan must be approved by at least
seven affirmative votes, which must include at least one vote of
a member registered from each of the two largest political
parties in this Commonwealth based on registration and one vote
from a member who is not registered with either of the two
largest political parties.
(j) To begin the process of preparing information necessary
to the redistricting process, the commission shall complete all
of the following:
(1) The commission shall acquire all necessary and
appropriate information, review and evaluate available
facilities and develop programs and procedures, including the
use of software, in preparation for drawing a plan on the basis
of each Federal census. The commission shall make the
information available to the public through the commission's
publicly accessible Internet website.
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(2) As soon as possible after December 31 of each year
ending in zero, the commission shall obtain from the United
States Census Bureau the population data needed for legislative
redistricting that the Census Bureau is required to provide the
Commonwealth under 13 U.S.C. § 141 (relating to population and
other census information) and shall use that data to assign a
population figure based upon census data to each geographic and
political unit described pursuant to subparagraph (i). Upon
completing that task, the commission shall begin the preparation
of a plan as required by this section and section 16. The
commission shall use the data obtained to prepare:
(i) Necessary descriptions of census blocks, voting
districts, wards, municipalities and counties for which census
data will be reported and that are suitable for use as
components of districts.
(ii) Maps of census blocks, voting districts, wards,
municipalities and counties within this Commonwealth, that may
be used to illustrate the locations of district boundaries
proposed in a plan.
(k) Each plan shall provide that a vacancy in the General
Assembly that is filled under the plan, occurring at a time that
makes it necessary to fill the vacancy at a special election
held under section 629 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, shall be
filled from the same district that elected the senator or
representative whose seat is vacant.
(l) The commission, within 30 days prior to the deadline for
approval of a preliminary plan as provided in subsection (m)(1),
shall schedule and conduct at least four public hearings in
different geographic regions of this Commonwealth.
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(m) (1) Not later than July 1 of each year ending in one,
the commission shall complete and approve a preliminary plan and
maps as required under this section and make a preliminary plan
and maps available to the public through the commission's
publicly accessible Internet website.
(2) The commission, within 30 days following the deadline
for approval of a preliminary plan as provided in paragraph (1),
shall schedule and conduct at least four public hearings, in
different geographic regions of this Commonwealth, on the
preliminary plan.
(3) Not later than August 15 of each year ending in one, the
commission shall approve a final redistricting plan. Upon
approval, the commission shall certify the resulting plan to the
Secretary of the Commonwealth, and that plan shall constitute
the certified final plan.
(4) If the commission fails to approve a final plan in
accordance with paragraph (3), the following shall apply:
(i) Not later than September 1 of each year ending in one,
the commission shall complete and approve a second preliminary
redistricting plan and maps prepared in accordance with this
section and section 16 and make a second preliminary plan and
maps available to the public through the commission's publicly
accessible Internet website.
(ii) Within 30 days following the deadline for approval of
the second preliminary plan as set forth in subparagraph (i),
the commission shall schedule and conduct at least four public
hearings, in different geographic regions of this Commonwealth,
on the second preliminary plan.
(iii) Not later than October 15 of each year ending in one,
the commission shall approve a final redistricting plan. Upon
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approval, the commission shall certify the resulting plan to the
Secretary of the Commonwealth, and that plan shall constitute
the certified final plan.
(n) If the commission does not complete and approve a final
plan by October 16 of each year ending in one, the Secretary of
the Commonwealth shall immediately petition the Supreme Court
for an order directing the appointment of a special master to
develop and complete a final plan in accordance with the
criteria and requirements provided in this section and section
16. The special master must demonstrate expertise in geographic
information systems by holding a graduate degree in geographic
information systems and currently serving as a faculty member
for a geographic information systems program at an institution
of higher learning located within this Commonwealth and must
meet the qualifications in subsection (c) and be bound by the
restrictions in subsections (g) and (h). Upon its approval of
the master's plan, the Supreme Court shall certify the resulting
plan to the Secretary of the Commonwealth, and that plan shall
constitute the certified final plan.
(o) The commission has the sole legal standing to defend an
action regarding a certified final plan and shall inform the
General Assembly if it determines that funds or other resources
provided for the operation of the commission are not adequate.
(p) (1) The Supreme Court has original and exclusive
jurisdiction in all proceedings in which a certified final plan
is challenged or is claimed not to have taken timely effect.
(2) An aggrieved person who is a registered voter in this
Commonwealth may file a petition with the Supreme Court within
30 days after the commission has certified a final plan to the
Secretary of the Commonwealth to bar the Secretary of the
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Commonwealth from implementing the plan on the grounds that the
filed plan violates the Constitution of the United States, this
Constitution or any Federal or State statute.
(q) The Department of State shall provide staff as needed to
support the commission in the performance of its duties.
(r) Upon the filing of all redistricting plans required
under this section and the exhaustion of all appeals of a
redistricting plan:
(1) the commission shall expire and the commission's
responsibilities shall terminate; and
(2) the final plan shall have the force of law and the
districts provided in the final plan shall be used thereafter in
elections to the General Assembly until the next redistricting
as required under this section.
(s) The General Assembly shall appropriate sufficient funds
for the compensation and expenses of members and staff appointed
by the commission and for other necessary expenses. In addition
to necessary expenses, the members of the commission shall
receive a per diem for each day or part of a day spent
performing their official duties. The per diem shall be the most
recent per diem rate for locations in this Commonwealth as
established and published by the United States General Services
Administration.
(t) A district that 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 the election.
(u) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
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"Commission." The Legislative and Congressional
Redistricting Commission.
"Federal census." The decennial census required by Federal
law to be conducted by the United States Census Bureau in every
year ending in zero.
"Immediate family." A parent, spouse, child, brother or
sister.
"Member." A member of the Legislative and Congressional
Redistricting Commission.
"Plan." A plan for legislative and congressional
redistricting drawn under the requirements of this section and
section 16.
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 to the qualified electors of this Commonwealth
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as a single ballot question at the first primary, general or
municipal election occurring at least three months after the
proposed constitutional amendments are passed by the General
Assembly.
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