Regular Session 2017-2018 House Bill 2379 P.N. 3647

PRIOR PASSAGE - NONE

PRINTER'S NO. 3647

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2379

Session of

2018

INTRODUCED BY DAVIS, 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, deleting provisions relating to

the Legislative Reapportionment Commission; and providing for

the Independent Redistricting Commission.

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 amended to read:

[§ 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

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.

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

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

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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

fails to file a revised or final plan within the time

prescribed, the commission members shall forfeit all right to

compensation not paid.

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(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 Article II be amended by adding a section to read:

§ 18. Independent Redistricting Commission.

(a) By February 28, 2021, and every 10 years thereafter, an

Independent Redistricting Commission shall be established for

the purpose of reapportioning this Commonwealth. The commission

shall act by a majority of its entire membership . The commission

shall consist of five members and shall meet the following

requirements:

(1) No more than two members may be members of the same

political party.

(2) Of the first four members appointed, no more than two

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may reside in the same county.

(3) A member shall be a registered voter in this

Commonwealth who has been continuously registered with the same

political party or registered as unaffiliated with a political

party for no less than three years preceding appointment to the

commission.

(4) A member shall take and subscribe an oath or affirmation

before a person authorized to administer oaths attesting that

the member will apply the provisions of this section in an

honest, independent and impartial fashion and uphold public

confidence in the integrity of the redistricting process.

(5) Within three years preceding appointment to the

commission, a member shall not have been appointed to, elected

to or a candidate for any other public office, excluding a

school board director. A member shall not have served as an

officer of a political party or served as a registered paid

lobbyist or as an officer of a candidate's campaign committee.

(b) By January 8, 2021, and every 10 years thereafter,

Commonwealth Court by majority vote shall select candidates for

appointment to the commission from a pool of citizens registered

to vote in this Commonwealth who are willing to serve on and are

qualified for appointment to the commission in accordance with

this section. The pool of candidates shall consist of 25

nominees, with 10 nominees from each of the two largest

political parties in this Commonwealth based on party

registration and five nominees who are not registered with

either of the two largest political parties in this

Commonwealth .

thereafter, the following shall make an appointment to

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commission from the candidates selected by Commonwealth Court

under subsection (b):

(i) The Majority Leader of the Senate.

(ii) The Minority Leader of the Senate.

(iii) The Speaker of the House of Representatives.

(iv) The Minority Leader of the House of Representatives.

(2) An official under paragraph (1) shall have a 10 - day

period in which to make an appointment. An official under

paragraph (1) who fails to make an appointment within the

specified time period shall forfeit the appointment privilege.

(3) (i) If there is a vacancy in an appointed position

under this subsection on March 21, 2021, and every 10 years

thereafter, Commonwealth Court by majority vote, striving for

political balance and fairness, shall appoint a member to fill

the vacancy from the candidates selected by Commonwealth Court

under subsection (b).

(ii) Except as provided under clause (i), Commonwealth Court

shall nominate three candidates from candidates selected by

Commonwealth Court under subsection (b) within 30 days after a

vacancy occurs in an appointed position under this subsection.

The nominees shall be of the same political party or status as

was the member who vacated the office at the time of his or her

appointment. The appointment, except for the chairman appointed

under subsection (d), shall be made by the current holder of the

office designated to make the original appointment. After a

vacancy occurs in the chair position, the appointment of a

chairman shall be made by the remaining commission members. If

an appointment under this clause is not made within 14 days

after the presentation of the nominees, Commonwealth Court by

majority vote, striving for political balance and fairness,

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shall make the appointment. A commission member or chair

appointed under this clause may serve on the commission until

the expiration of the original term of the member.

(d) At a meeting called by the Secretary of the

Commonwealth, the members shall select a fifth member by

majority vote from the candidates selected by Commonwealth Court

under subsection (b) who shall not be registered with a party

represented on the commission and who shall serve as chair of

the commission. If the four commission members fail to appoint a

chair within 15 days, Commonwealth Court by majority vote,

striving for political balance and fairness, shall appoint a

fifth member from the pool of candidates under subsection (b)

who shall serve as chair.

(e) The five members shall then select by majority vote one

of the members to serve as vice chairman.

(f) After having been served written notice and provided

with an opportunity for a response, a member may be removed by

the Governor, with the concurrence of two-thirds of the Senate,

for substantial neglect of duty, gross misconduct in office or

inability to discharge the duties of office.

(g) Three members, including the chair or vice chairman,

shall constitute a quorum. Three or more affirmative votes are

required for any official action. Where a quorum is present, the

commission shall conduct business in meetings open to the public

with at least 48 hours' notice to the public before the

commencement of the meetings.

(h) A member, during the member's term of office and for

three years thereafter, shall be ineligible for registration as

a paid lobbyist.

(i) The commission shall reapportion congressional and

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legislative districts within this Commonwealth. The commencement

of the mapping process for both the congressional and

legislative districts shall be the creation of districts of

equal population in a grid-like pattern across this

Commonwealth. The commission shall make adjustments to the grid

in accordance with the following:

(1) Districts shall comply with the Constitution of the

United States and the Voting Rights Act of 1965 (Public Law 89-

110, 52 U.S.C. § 10301 et seq.).

(2) Districts shall have equal population to the extent

practicable.

(3) Districts shall be geographically compact and contiguous

to the extent practicable.

(4) District boundaries shall respect communities of

interest to the extent practicable.

(5) District lines shall use visible geographic features,

city, town and county boundaries and undivided census tracts to

the extent practicable.

(6) Competitive districts shall be favored if competitive

districts will not cause significant detriment to the other

goals to the extent practicable.

(7) Party registration and voting history data shall be

excluded from the initial phase of the mapping process but may

be used to test maps for compliance with the goals under

paragraphs (1), (2), (3), (4), (5) and (6).

(8) The places of residence of incumbents or candidates

shall not be identified or considered in the mapping process.

(j) (1) No later than 90 days after the commission is

formed under this section, the commission shall file a draft map

of congressional districts and a draft map of legislative

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districts with an elections officer for public comment. The

commission shall consider the public comments. The public

comment period shall be for at least 30 days.

(2) The General Assembly may submit recommendations to the

commission during the public comment period for consideration.

After the public comment period, the commission shall establish

a final redistricting plan.

(k) The Department of General Services shall make adequate

office space available for the commission. The General Assembly

shall appropriate $6,000,000 from the General Fund to the

commission for its operations beginning after the official

reporting of the 2020 Federal decennial census . The commission

shall transmit any unused money to the State Treasurer for

deposit into the General Fund. By July 1, 2028, and every 10

years thereafter, the Governor's Office shall submit a

recommendation to the General Assembly for an appropriation for

the commission's expenses.

(l) The commission, with fiscal oversight from the

Governor's Office, shall have procurement and contracting

authority and may hire staff and consultants for the purposes of

this section, including legal representation.

(m) The commission shall have standing in legal actions

regarding a final redistricting plan.

(n) Members shall be reimbursed for all necessary expenses

in conducting their duties on the commission as provided by the

laws of this Commonwealth.

(o) A member's term shall expire upon the appointment of the

first member of the next redistricting commission. The

independent redistricting commission shall not meet or incur

expenses after the final redistricting plan is completed, except

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if litigation or any governmental approval of the final

redistricting plan is pending, or to revise districts if

required by court order or if the number of congressional or

legislative districts has changed.

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 these proposed constitutional

amendments 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 these proposed constitutional amendments are

passed by the General Assembly.

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