PRIOR PASSAGE - NONE
PRINTER'S NO. 1775
No. 1116 Session of 2005
INTRODUCED BY LEACH, CALTAGIRONE, CREIGHTON, CURRY, FRANKEL,
FREEMAN, GOODMAN, GRUCELA, HANNA, JOSEPHS, MANDERINO,
PALLONE, STEIL AND WANSACZ, MAY 2, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 2, 2005
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, further providing for a legislative
3 reapportionment commission to designate legislative districts
4 for the General Assembly within this Commonwealth.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby resolves as follows:
7 Section 1. The following amendment to the Constitution of
8 Pennsylvania is proposed in accordance with Article XI:
9 That section 17 of Article II be amended to read:
10 § 17. Legislative Reapportionment Commission.
11 [(a) In each year following the year of the Federal
12 decennial census, a Legislative Reapportionment Commission shall
13 be constituted for the purpose of reapportioning the
14 Commonwealth. The commission shall act by a majority of its
15 entire membership.
16 (b) The commission shall consist of five members: four of
17 whom shall be the majority and minority leaders of both the
18 Senate and the House of Representatives, or deputies appointed
1 by each of them, and a chairman selected as hereinafter
2 provided. No later than 60 days following the official reporting
3 of the Federal decennial census as required by Federal law, the
4 four members shall be certified by the President pro tempore of
5 the Senate and the Speaker of the House of Representatives to
6 the elections officer of the Commonwealth who under law shall
7 have supervision over elections.
8 The four members within 45 days after their certification
9 shall select the fifth member, who shall serve as chairman of
10 the commission, and shall immediately certify his name to such
11 elections officer. The chairman shall be a citizen of the
12 Commonwealth other than a local, State or Federal official
13 holding an office to which compensation is attached.
14 If the four members fail to select the fifth member within
15 the time prescribed, a majority of the entire membership of the
16 Supreme Court within 30 days thereafter shall appoint the
17 chairman as aforesaid and certify his appointment to such
18 elections officer.
19 Any vacancy in the commission shall be filled within 15 days
20 in the same manner in which such position was originally filled.
21 (c) No later than 90 days after either the commission has
22 been duly certified or the population data for the Commonwealth
23 as determined by the Federal decennial census are available,
24 whichever is later in time, the commission shall file a
25 preliminary reapportionment plan with such elections officer.
26 The commission shall have 30 days after filing the
27 preliminary plan to make corrections in the plan.
28 Any person aggrieved by the preliminary plan shall have the
29 same 30-day period to file exceptions with the commission in
30 which case the commission shall have 30 days after the date the
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1 exceptions were filed to prepare and file with such elections
2 officer a revised reapportionment plan. If no exceptions are
3 filed within 30 days, or if filed and acted upon, the
4 commissions's plan shall be final and have the force of law.
5 (d) Any aggrieved person may file an appeal from the final
6 plan directly to the Supreme Court within 30 days after the
7 filing thereof. If the appellant establishes that the final plan
8 is contrary to law, the Supreme Court shall issue an order
9 remanding the plan to the commission and directing the
10 commission to reapportion the Commonwealth in a manner not
11 inconsistent with such order.
12 (e) When the Supreme Court has finally decided an appeal or
13 when the last day for filing an appeal has passed with no appeal
14 taken, the reapportionment plan shall have the force of law and
15 the districts therein provided shall be used thereafter in
16 elections to the General Assembly until the next reapportionment
17 as required under this section 17.
18 (f) Any district which does not include the residence from
19 which a member of the Senate was elected whether or not
20 scheduled for election at the next general election shall elect
21 a Senator at such election.
22 (g) The General Assembly shall appropriate sufficient funds
23 for the compensation and expenses of members and staff appointed
24 by the commission, and other necessary expenses. The members of
25 the commission shall be entitled to such compensation for their
26 services as the General Assembly from time to time shall
27 determine, but no part thereof shall be paid until a preliminary
28 plan is filed. If a preliminary plan is filed but the commission
29 fails to file a revised or final plan within the time
30 prescribed, the commission members shall forfeit all right to
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1 compensation not paid.
2 (h) If a preliminary, revised or final reapportionment plan
3 is not filed by the commission within the time prescribed by
4 this section, unless the time be extended by the Supreme Court
5 for cause shown, the Supreme Court shall immediately proceed on
6 its own motion to reapportion the Commonwealth.
7 (i) Any reapportionment plan filed by the commission, or
8 ordered or prepared by the Supreme Court upon the failure of the
9 commission to act, shall be published by the elections officer
10 once in at least one newspaper of general circulation in each
11 senatorial and representative district. The publication shall
12 contain a map of the Commonwealth showing the complete
13 reapportionment of the General Assembly by districts, and a map
14 showing the reapportionment districts in the area normally
15 served by the newspaper in which the publication is made. The
16 publication shall also state the population of the senatorial
17 and representative districts having the smallest and largest
18 population and the percentage variation of such districts from
19 the average population for senatorial and representative
20 districts.]
21 (a) In each year following the Federal decennial census, a
22 Reapportionment Commission shall be constituted for the purpose
23 of reapportioning the districts of the Senate and House of
24 Representatives of the General Assembly and the districts
25 apportioned to the Commonwealth in the House of Representatives
26 of the United States Congress. Unless otherwise directed by
27 court order, legislative and congressional reapportionment shall
28 only be permitted once in the decade following the Federal
29 decennial census.
30 (b) The commission shall consist of nine members: eight of
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1 whom shall be the majority and minority leaders and whips of
2 both the Senate and House of Representatives, or deputies
3 appointed by each of them. The Supreme Court shall appoint one
4 member who shall serve as chairman who shall be a registered
5 voter within the Commonwealth for at least two years prior to
6 appointment. The chairman shall not hold an office of local,
7 State or Federal government to which compensation is attached at
8 the time of his appointment. The chairman shall not have held a
9 position within a political party for at least ten years prior
10 to appointment. No later than 60 days following the official
11 reporting of the Federal decennial census as required by Federal
12 law, the legislator members of the commission shall be certified
13 by the President pro tempore of the Senate and the Speaker of
14 the House of Representatives to the elections officer of the
15 Commonwealth who under law shall have supervision over
16 elections. The Supreme Court shall appoint the chairman of the
17 commission during the same 60-day period and shall certify the
18 appointment to the elections officer of the Commonwealth. Any
19 vacancy in the commission shall be filled within 15 days in the
20 same manner in which such position was originally filled.
21 (c) The commission may not utilize any political or personal
22 considerations in drafting any reapportionment plan either
23 legislative or congressional. The commission may not divide any
24 voting precinct that forms a single polygon in drafting any
25 reapportionment plan. The commission may not divide any county,
26 city, township, borough or incorporated town unless absolutely
27 necessary. In finding that a division is necessary, the
28 commission must file said findings in an addendum to each plan
29 adopted by the commission. The appropriate addendum must be
30 submitted to the General Assembly and the Supreme Court along
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1 with each reapportionment plan under the provisions of this
2 section 17. The commission shall adopt a standard measurement
3 defining compactness for the districts in each plan. No district
4 in any plan will be drafted by the commission with a compactness
5 measurement of less than 15% of the total ideal measurement for
6 a district.
7 (d) No later than 60 days after either the commission has
8 been duly certified or usable population data for the
9 Commonwealth is available, whichever is later in time, the
10 commission shall file a preliminary reapportionment plan for the
11 General Assembly with such elections officer. A public comment
12 period of 30 days shall commence with the filing of the
13 preliminary plan.
14 (e) The commission shall have 30 days after the date of the
15 expiration of the public comment period to prepare and adopt a
16 revised reapportionment plan for both Houses of the General
17 Assembly. The revised reapportionment plan shall be adopted and
18 submitted to the General Assembly upon a vote of at least seven
19 members of the commission for approval. The General Assembly
20 shall vote to approve or reject the plan without amendment
21 within 30 days from the date of submission. Upon approval of the
22 plan, the presiding officer of each House shall, in the presence
23 of the House over which he presides, sign the reapportionment
24 plan after its title has been read publicly immediately before
25 signing. The fact of the signing shall be entered on the journal
26 and the plan shall be filed with the chief elections officer of
27 the Commonwealth.
28 (f) If the revised reapportionment plan submitted by the
29 commission is not approved by both Houses of the General
30 Assembly within 30 days of submission, the commission shall
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1 adopt a final reapportionment plan. In the event the revised
2 reapportionment plan is rejected by either House of the General
3 Assembly, it shall be returned to the commission by the
4 presiding officer with a communication that the plan was
5 rejected. An additional 30-day public comment period shall
6 commence from the date of the rejection. The commission will
7 have a succeeding 30 days after the public comment period to
8 adopt a final plan upon approval of at least seven members. The
9 final plan shall be submitted to both Houses of the General
10 Assembly for approval. The General Assembly shall vote to
11 approve or reject the plan without amendment within 30 days,
12 from the date of submission. Upon approval of the plan, the
13 presiding officer of each House shall, in the presence of the
14 House over which he presides, sign the reapportionment plan,
15 after its title has been read publicly immediately before
16 signing. The fact of the signing shall be entered on the journal
17 and the plan shall then be filed with the chief elections
18 officer of the Commonwealth.
19 (g) Any aggrieved person may file an appeal from the final
20 plan directly to the Supreme Court within 30 days after the
21 filing of the final plan. If the appellant establishes that the
22 final plan is contrary to law, the Supreme Court shall issue an
23 order remanding the plan to the commission and directing the
24 commission to reapportion the Commonwealth in a manner not
25 inconsistent with such order.
26 (h) If the final reapportionment plan submitted by the
27 commission is not approved by both Houses of the General
28 Assembly within 30 days, the reapportionment commission shall
29 then submit both the revised and final reapportionment plans to
30 the Supreme Court within five days.
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1 (i) The Supreme Court shall have 30 days to adopt either the
2 revised reapportionment plan or the final reapportionment plan
3 as the plan to be utilized thereafter in elections to the
4 General Assembly until the next reapportionment as required
5 under this section 17. If the Supreme Court finds that both
6 plans are contrary to law, it shall issue an order remanding the
7 plan to the commission and directing the commission to
8 reapportion the Commonwealth in a manner not inconsistent with
9 such order. The commission shall then have 30 days to submit the
10 reapportionment plan to the Supreme Court.
11 (j) The General Assembly shall appropriate sufficient funds
12 for the compensation and expenses of members and staff appointed
13 by the commission, and other necessary expenses. The members of
14 the commission who are not members of the General Assembly shall
15 be entitled to such compensation for their services as the
16 General Assembly from time to time shall determine, but no part
17 thereof shall be paid until a preliminary legislative
18 reapportionment plan is filed. If a preliminary plan is filed
19 but the commission fails to file a revised or a final plan
20 within the time prescribed, the commission members shall forfeit
21 all right to compensation not paid.
22 (k) If a preliminary, revised or final legislative
23 reapportionment plan is not filed by the commission within the
24 time prescribed by the section, unless the time be extended by
25 the Supreme Court for cause shown, the Supreme Court shall
26 immediately proceed on its own motion to reapportion the
27 Commonwealth.
28 (l) Any reapportionment plan filed by the commission, or
29 ordered by the Supreme Court upon failure of the commission to
30 act, shall be published by the elections officer once in at
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1 least one newspaper of general circulation in each senatorial
2 and representative district. The publication shall contain a map
3 of the Commonwealth showing the complete reapportionment of the
4 General Assembly by districts, and a map showing the
5 reapportioned districts in the area normally served by the
6 newspaper in which the publication is made. The publication
7 shall also state the population of the senatorial and
8 representative districts having the smallest and largest
9 population and the percentage variation of such districts from
10 the average population for senatorial and representative
11 districts.
12 (m) No later than 20 days after the final legislative
13 reapportionment plan has been approved by either the General
14 Assembly or the Supreme Court, the commission shall file a
15 preliminary reapportionment plan for Representatives in the
16 United States Congress with the chief elections officer of the
17 Commonwealth. A public comment period of 30 days shall commence
18 with the filing of the preliminary congressional plan.
19 (n) The commission shall have 20 days after the date of the
20 expiration of the public comment period to prepare and adopt a
21 revised reapportionment plan for Representatives in the United
22 States Congress. The revised reapportionment plan shall be
23 adopted and submitted to the General Assembly upon a vote of at
24 least seven members of the commission for approval. The General
25 Assembly shall vote to approve or reject the plan without
26 amendment within 15 days from the date of submission. Upon
27 approval of the plan, the presiding officer of each House shall,
28 in the presence of the House over which he presides, sign the
29 reapportionment plan, after its title has been read publicly
30 immediately before signing and the fact of the signing shall be
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1 entered on the journal. The plan shall then be filed with the
2 chief elections officer of the Commonwealth.
3 (o) If the revised reapportionment plan submitted by the
4 commission is not approved by both Houses of the General
5 Assembly within 15 days of submission, the commission shall
6 adopt a final reapportionment plan for the congressional
7 districts. In the event the revised reapportionment plan is
8 rejected by either House of the General Assembly, it shall be
9 returned to the commission by the presiding officer with a
10 communication that the plan was rejected. An additional 20-day
11 public comment period shall commence from the date of the
12 rejection of the revised plan. The commission will have a
13 succeeding 20 days after the public comment period to adopt a
14 final plan upon approval of at least seven members. The final
15 plan shall be submitted to both Houses of the General Assembly
16 for approval. The General Assembly shall vote to approve or
17 reject the plan without amendment within 15 days from the date
18 of submission. Upon approval of the plan, the presiding officer
19 of each House shall, in the presence of the House over which he
20 presides, sign the reapportionment plan, after its title has
21 been read publicly immediately before signing; and the fact of
22 the signing shall be entered on the journal. The plan shall then
23 be filed with the chief elections officer of the Commonwealth.
24 (p) Any aggrieved person may file an appeal from the final
25 plan directly to the Supreme Court within 30 days after the
26 filing thereof. If the appellant establishes that the final plan
27 is contrary to law, the Supreme Court shall issue an order
28 remanding the plan to the commission and directing the
29 commission to reapportion the Commonwealth in a manner not
30 inconsistent with such order.
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1 (q) If the final reapportionment plan submitted by the
2 commission is not approved by both Houses of the General
3 Assembly within 15 days, the reapportionment commission shall
4 then submit both the revised and final reapportionment plans to
5 the Supreme Court within five days.
6 (r) If an entirely new senatorial district is formed and if
7 it would not normally be electing a member of the Senate in the
8 following general election, the district shall initially elect a
9 senator for a term of two years in the general election. The
10 district shall thereafter elect a senator for a term of four
11 years. No member of the Senate shall continue to serve in office
12 after another member of the Senate begins that Senator's term of
13 service on the first day of December next after the election
14 representing the district.
15 (s) Population requirements are as follows:
16 (1) Congressional districts shall each have a population as
17 nearly equal as practicable.
18 (2) Legislative districts shall be established on the basis
19 of population. In no case shall the deviation of the overall
20 range of population of the most populous district from the least
21 populous district be greater than 8% of the average district
22 population for each house.
23 (t) The Supreme Court shall have 30 days to adopt either the
24 revised congressional reapportionment plan or the final
25 congressional reapportionment plan as the plan to be utilized
26 thereafter in elections to the Congress of the United States
27 until the next reapportionment as required under this section
28 17. If the Supreme Court finds that both plans are contrary to
29 law, it shall issue an order remanding the plan to the
30 commission and directing the commission to reapportion the
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1 Commonwealth in a manner not inconsistent with such order. The
2 commission shall then have 15 days to submit the reapportionment
3 plan to the Supreme Court.
4 (u) If a preliminary, revised or final congressional
5 reapportionment plan is not filed by the commission within the
6 time prescribed by this section, unless the time be extended by
7 the Supreme Court for cause shown, the Supreme Court shall
8 immediately proceed on its own motion to reapportion the
9 congressional districts of the Commonwealth.
10 (v) Any congressional reapportionment plan filed by the
11 commission, or ordered by the Supreme Court upon failure of the
12 commission to act, shall be published by the elections officer
13 once in at least one newspaper of general circulation in each
14 congressional district. The publication shall contain a map of
15 the Commonwealth showing the complete reapportionment of the
16 congressional districts, and a map showing the reapportioned
17 districts in the area normally served by the newspaper in which
18 the publication is made. The publication shall also state the
19 population of the congressional districts having the smallest
20 and largest population and the percentage variation of such
21 districts from the average population for congressional
22 districts.
23 (w) Nothing contained in this section shall preclude the
24 General Assembly from enacting legislation that further defines
25 the provisions of this section or provides for additional
26 requirements or restrictions for legislative or congressional
27 reapportionment.
28 Section 2. (a) Upon the first passage by the General
29 Assembly of this proposed constitutional amendment, the
30 Secretary of the Commonwealth shall proceed immediately to
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1 comply with the advertising requirements of section 1 of Article
2 XI of the Constitution of Pennsylvania and shall transmit the
3 required advertisements to two newspapers in every county in
4 which such newspapers are published in sufficient time after
5 passage of this proposed constitutional amendment.
6 (b) Upon the second passage by the General Assembly of this
7 proposed constitutional amendment, the Secretary of the
8 Commonwealth shall proceed immediately to comply with the
9 advertising requirements of section 1 of Article XI of the
10 Constitution of Pennsylvania and shall transmit the required
11 advertisements to two newspapers in every county in which such
12 newspapers are published in sufficient time after passage of
13 this proposed constitutional amendment. The Secretary of the
14 Commonwealth shall submit this proposed constitutional amendment
15 to the qualified electors of this Commonwealth at the first
16 primary, general or municipal election which meets the
17 requirements of and is in conformance with section 1 of Article
18 XI of the Constitution of Pennsylvania and which occurs at least
19 three months after the proposed constitutional amendment is
20 passed by the General Assembly.
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