PRIOR PRINTER'S NO. 2712 PRINTER'S NO. 4058
No. 2000 Session of 1986
INTRODUCED BY ARGALL, FREEMAN, CESSAR, BALDWIN, D. W. SNYDER,
PRESSMANN, McHALE, MRKONIC, RYBAK, DAWIDA, GODSHALL, TIGUE,
WOGAN, MORRIS, FARGO, HERMAN, PISTELLA, ROBBINS, BARLEY,
ARTY, SAURMAN, J. TAYLOR, TRELLO, LASHINGER, PHILLIPS, COY,
NOYE AND RICHARDSON, JANUARY 7, 1986
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 1, 1986
AN ACT <--
A JOINT RESOLUTION <--
1 Establishing criteria to guide the Legislative Reapportionment <--
2 Commission in performing its duties.
3 PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE COMMONWEALTH <--
4 OF PENNSYLVANIA, ESTABLISHING CRITERIA TO BE FOLLOWED BY THE
5 LEGISLATIVE REAPPORTIONMENT COMMISSION IN PERFORMING ITS
6 DUTIES.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts RESOLVES as follows: <--
9 Section 1. Short title. <--
10 This act shall be known and may be cited as the Legislative
11 Reapportionment Criteria Act.
12 Section 2. Statement of purpose.
13 The General Assembly finds that responsible and accountable
14 government requires periodic reapportionment of legislative
15 districts designed to guarantee fair representation for all
16 citizens. This act sets forth certain criteria to guide the
17 Legislative Reapportionment Commission. The General Assembly
1 approves this act in order to implement both the spirit and the
2 letter of the Constitution of Pennsylvania.
3 Section 3. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Chief election officer." The Secretary of the Commonwealth.
8 "Commission." The Legislative Reapportionment Commission
9 established pursuant to section 17 of Article II of the
10 Constitution of Pennsylvania.
11 "Federal census." The census required by Federal law to be
12 prepared by the United States Bureau of the Census in every year
13 ending in zero.
14 "Legislative reapportionment plan." A plan for legislative
15 reapportionment as mandated by section 17 of Article II of the
16 Constitution of Pennsylvania.
17 "Section 17." Section 17 of Article II of the Constitution
18 of Pennsylvania.
19 Section 4. Development of the final legislative reapportionment
20 plan.
21 (a) Preliminary plan.--A preliminary legislative
22 reapportionment plan shall be filed by the commission as
23 mandated by section 17. Within one week of its filing, the
24 legislative reapportionment plan shall be published by the chief
25 election officer in accordance with section 17. Any deviation
26 from the criteria prescribed by section 17 and by the provisions
27 of this act shall be in writing and be made part of the plan.
28 (b) Reports.--The commission shall prepare and publish a
29 report for each preliminary reapportionment plan and final
30 legislative reapportionment plan. Such reports shall contain the
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1 reasons for any deviation from the reapportionment criteria set
2 forth in this act. Such reports shall include, but not be
3 limited to, a map of the districts, the population and
4 percentage deviation from the average district population for
5 each senatorial and representative district, and all instances
6 where any county, city, incorporated town, borough or township
7 was divided into more than one district.
8 (c) Action on plan.--Exceptions to the preliminary
9 legislative reapportionment plan shall be taken and acted upon
10 pursuant to section 17. If no exceptions are filed within 30
11 days of the date the preliminary legislative reapportionment
12 plan is filed with the chief election officer, or if exceptions
13 are taken and acted upon, the commission shall file the final
14 legislative reapportionment plan within 30 days thereof.
15 (d) Publication of final plan.--The final legislative
16 reapportionment plan shall be published in compliance with
17 section 17.
18 Section 5. Reapportionment criteria.
19 (a) Population.--Senatorial and representative districts
20 shall have population as nearly equal as is practicable based on
21 population reported in the Federal decennial census. In no case
22 shall the average percentage deviation of all senatorial
23 districts and representative districts from the average district
24 population exceed 1.5%. In no case shall any district have a
25 population which varies by more than 3% from the average
26 district population. Population variances within such limits are
27 encouraged in order to comply with one or more of the other
28 criteria set forth in this section.
29 (b) Boundary lines.--To the extent consistent with
30 subsection (a), district lines shall be drawn to coincide with
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1 the boundaries of local political subdivisions. The number of
2 instances where any county, city, incorporated town, borough or
3 township is split into more than one district shall be as few as
4 possible. No incorporated town, borough or township shall be
5 divided among more than two districts. Where there is a choice
6 between dividing local political subdivisions, the more populous
7 political subdivision shall be divided before the less populous
8 as much as practicable.
9 (c) Compact and contiguous territory.--Districts shall be
10 composed of compact and contiguous territory.
11 (d) Other considerations.--To the extent consistent with the
12 criteria set forth in subsections (a), (b) and (c), the
13 commission is encouraged to consider neighborhood integrity,
14 historical recognition of communities, the present district
15 boundaries, topography and artificial and natural boundaries in
16 drawing the districts.
17 (e) No discrimination.--No district shall be drawn for the
18 purpose of diluting the voting strength of any language or
19 racial minority group.
20 Section 6. Effective date.
21 This act shall take effect immediately.
22 SECTION 1. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF <--
23 PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI:
24 THAT SECTIONS 16 AND 17 OF ARTICLE II BE AMENDED TO READ:
25 § 16. LEGISLATIVE DISTRICTS.
26 THE COMMONWEALTH SHALL BE DIVIDED INTO 50 SENATORIAL AND 203
27 REPRESENTATIVE DISTRICTS, WHICH SHALL BE COMPOSED OF COMPACT AND
28 CONTIGUOUS TERRITORY AS NEARLY EQUAL IN POPULATION AS
29 PRACTICABLE. EACH SENATORIAL DISTRICT SHALL ELECT ONE SENATOR,
30 AND EACH REPRESENTATIVE DISTRICT ONE REPRESENTATIVE. UNLESS
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1 ABSOLUTELY NECESSARY NO COUNTY, CITY, INCORPORATED TOWN,
2 BOROUGH, TOWNSHIP OR WARD SHALL BE DIVIDED IN FORMING EITHER A
3 SENATORIAL OR REPRESENTATIVE DISTRICT. TO THE EXTENT CONSISTENT
4 WITH OTHER REQUIREMENTS, DISTRICT LINES SHALL BE DRAWN TO
5 COINCIDE WITH THE BOUNDARIES OF LOCAL POLITICAL SUBDIVISIONS.
6 THE NUMBER OF INSTANCES WHERE ANY COUNTY, CITY, INCORPORATED
7 TOWN, BOROUGH OR TOWNSHIP IS SPLIT INTO MORE THAN ONE DISTRICT
8 SHALL BE AS FEW AS POSSIBLE. NO INCORPORATED TOWN, BOROUGH OR
9 TOWNSHIP SHALL BE DIVIDED AMONG MORE THAN TWO DISTRICTS. WHERE
10 THERE IS A CHOICE BETWEEN DIVIDING LOCAL POLITICAL SUBDIVISIONS,
11 THE MORE POPULOUS POLITICAL SUBDIVISION SHALL BE DIVIDED BEFORE
12 THE LESS POPULOUS AS MUCH AS PRACTICAL. TO THE EXTENT CONSISTENT
13 WITH OTHER REQUIREMENTS, THE LEGISLATIVE REAPPORTIONMENT
14 COMMISSION SHALL CONSIDER NEIGHBORHOOD INTEGRITY, HISTORICAL
15 RECOGNITION OF COMMUNITIES, THE PRESENT DISTRICT BOUNDARIES,
16 TOPOGRAPHY AND ARTIFICIAL AND NATURAL BOUNDARIES IN DRAWING THE
17 DISTRICTS. NO DISTRICT SHALL BE DRAWN FOR THE PURPOSE OF
18 DILUTING THE VOTING STRENGTH OF ANY LANGUAGE OR RACIAL MINORITY
19 GROUP.
20 § 17. LEGISLATIVE REAPPORTIONMENT COMMISSION.
21 (A) IN EACH YEAR FOLLOWING THE YEAR OF THE FEDERAL DECENNIAL
22 CENSUS, A LEGISLATIVE REAPPORTIONMENT COMMISSION SHALL BE
23 CONSTITUTED FOR THE PURPOSE OF REAPPORTIONING THE COMMONWEALTH.
24 THE COMMISSION SHALL ACT BY A MAJORITY OF ITS ENTIRE MEMBERSHIP.
25 (B) THE COMMISSION SHALL CONSIST OF FIVE MEMBERS: FOUR OF
26 WHOM SHALL BE THE MAJORITY AND MINORITY LEADERS OF BOTH THE
27 SENATE AND THE HOUSE OF REPRESENTATIVES, OR DEPUTIES APPOINTED
28 BY EACH OF THEM, AND A CHAIRMAN SELECTED AS HEREINAFTER
29 PROVIDED. NO LATER THAN 60 DAYS FOLLOWING THE OFFICIAL REPORTING
30 OF THE FEDERAL DECENNIAL CENSUS AS REQUIRED BY FEDERAL LAW, THE
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1 FOUR MEMBERS SHALL BE CERTIFIED BY THE PRESIDENT PRO TEMPORE OF
2 THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO
3 THE [ELECTIONS OFFICER] SECRETARY OF THE COMMONWEALTH WHO UNDER
4 LAW SHALL HAVE SUPERVISION OVER ELECTIONS.
5 THE FOUR MEMBERS WITHIN 45 DAYS AFTER THEIR CERTIFICATION
6 SHALL SELECT THE FIFTH MEMBER, WHO SHALL SERVE AS CHAIRMAN OF
7 THE COMMISSION, AND SHALL IMMEDIATELY CERTIFY HIS NAME TO SUCH
8 ELECTIONS OFFICER. THE CHAIRMAN SHALL BE A CITIZEN OF THE
9 COMMONWEALTH OTHER THAN A LOCAL, STATE OR FEDERAL OFFICIAL
10 HOLDING AN OFFICE TO WHICH COMPENSATION IS ATTACHED.
11 IF THE FOUR MEMBERS FAIL TO SELECT THE FIFTH MEMBER WITHIN
12 THE TIME PRESCRIBED, A MAJORITY OF THE ENTIRE MEMBERSHIP OF THE
13 SUPREME COURT WITHIN 30 DAYS THEREAFTER SHALL APPOINT THE
14 CHAIRMAN AS AFORESAID AND CERTIFY HIS APPOINTMENT TO SUCH
15 ELECTIONS OFFICER.
16 ANY VACANCY IN THE COMMISSION SHALL BE FILLED WITHIN 15 DAYS
17 IN THE SAME MANNER IN WHICH SUCH POSITION WAS ORIGINALLY FILLED.
18 (C) NO LATER THAN 90 DAYS AFTER EITHER THE COMMISSION HAS
19 BEEN DULY CERTIFIED OR THE POPULATION DATA FOR THE COMMONWEALTH
20 AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS ARE AVAILABLE,
21 WHICHEVER IS LATER IN TIME, THE COMMISSION SHALL FILE A
22 PRELIMINARY REAPPORTIONMENT PLAN WITH SUCH ELECTIONS OFFICER.
23 WITHIN ONE WEEK OF ITS FILING, THE PRELIMINARY REAPPORTIONMENT
24 PLAN WITH AN ACCOMPANYING REPORT OF THE COMMISSION SHALL BE
25 PUBLISHED BY THE SECRETARY OF THE COMMONWEALTH. ANY DEVIATION
26 FROM THE CRITERIA PRESCRIBED BY THIS SECTION AND SECTION 16 OF
27 THIS ARTICLE SHALL BE SET FORTH IN THE REPORT ACCOMPANYING THE
28 PLAN AND THE REASONS FOR ANY SUCH DEVIATION SHALL BE STATED.
29 THE COMMISSION SHALL HAVE 30 DAYS AFTER FILING THE
30 PRELIMINARY PLAN TO MAKE CORRECTIONS IN THE PLAN.
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1 ANY PERSON AGGRIEVED BY THE PRELIMINARY PLAN SHALL HAVE THE
2 SAME 30-DAY PERIOD TO FILE EXCEPTIONS WITH THE COMMISSION IN
3 WHICH CASE THE COMMISSION SHALL HAVE 30 DAYS AFTER THE DATE THE
4 EXCEPTIONS WERE FILED TO PREPARE AND FILE WITH SUCH ELECTIONS
5 OFFICER A REVISED REAPPORTIONMENT PLAN. IF NO EXCEPTIONS ARE
6 FILED WITHIN 30 DAYS, OR IF FILED AND ACTED UPON, THE
7 COMMISSIONS'S PLAN SHALL BE FINAL AND HAVE THE FORCE OF LAW.
8 (D) ANY AGGRIEVED PERSON MAY FILE AN APPEAL FROM THE FINAL
9 PLAN DIRECTLY TO THE SUPREME COURT WITHIN 30 DAYS AFTER THE
10 FILING THEREOF. IF THE APPELLANT ESTABLISHES THAT THE FINAL PLAN
11 IS CONTRARY TO LAW, THE SUPREME COURT SHALL ISSUE AN ORDER
12 REMANDING THE PLAN TO THE COMMISSION AND DIRECTING THE
13 COMMISSION TO REAPPORTION THE COMMONWEALTH IN A MANNER NOT
14 INCONSISTENT WITH SUCH ORDER.
15 (E) WHEN THE SUPREME COURT HAS FINALLY DECIDED AN APPEAL OR
16 WHEN THE LAST DAY FOR FILING AN APPEAL HAS PASSED WITH NO APPEAL
17 TAKEN, THE REAPPORTIONMENT PLAN SHALL HAVE THE FORCE OF LAW AND
18 THE DISTRICTS THEREIN PROVIDED SHALL BE USED THEREAFTER IN
19 ELECTIONS TO THE GENERAL ASSEMBLY UNTIL THE NEXT REAPPORTIONMENT
20 AS REQUIRED UNDER THIS SECTION 17.
21 (F) THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT FUNDS
22 FOR THE COMPENSATION AND EXPENSES OF MEMBERS AND STAFF APPOINTED
23 BY THE COMMISSION, AND OTHER NECESSARY EXPENSES. THE MEMBERS OF
24 THE COMMISSION SHALL BE ENTITLED TO SUCH COMPENSATION FOR THEIR
25 SERVICES AS THE GENERAL ASSEMBLY FROM TIME TO TIME SHALL
26 DETERMINE, BUT NO PART THEREOF SHALL BE PAID UNTIL A PRELIMINARY
27 PLAN IS FILED. IF A PRELIMINARY PLAN IS FILED BUT THE COMMISSION
28 FAILS TO FILE A REVISED OR FINAL PLAN WITHIN THE TIME
29 PRESCRIBED, THE COMMISSION MEMBERS SHALL FORFEIT ALL RIGHT TO
30 COMPENSATION NOT PAID.
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1 (G) IF A PRELIMINARY, REVISED OR FINAL REAPPORTIONMENT PLAN
2 IS NOT FILED BY THE COMMISSION WITHIN THE TIME PRESCRIBED BY
3 THIS SECTION, UNLESS THE TIME BE EXTENDED BY THE SUPREME COURT
4 FOR CAUSE SHOWN, THE SUPREME COURT SHALL IMMEDIATELY PROCEED ON
5 ITS OWN MOTION TO REAPPORTION THE COMMONWEALTH.
6 (H) ANY REAPPORTIONMENT PLAN FILED BY THE COMMISSION, OR
7 ORDERED OR PREPARED BY THE SUPREME COURT UPON THE FAILURE OF THE
8 COMMISSION TO ACT, SHALL BE PUBLISHED BY THE ELECTIONS OFFICER
9 ONCE IN AT LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN EACH
10 SENATORIAL AND REPRESENTATIVE DISTRICT. THE PUBLICATION SHALL
11 [CONTAIN] SET FORTH THE PLAN AND THE REPORT OF THE COMMISSION,
12 WHICH SHALL INCLUDE A MAP OF THE COMMONWEALTH SHOWING THE
13 COMPLETE REAPPORTIONMENT OF THE GENERAL ASSEMBLY BY DISTRICTS,
14 AND A MAP SHOWING THE REAPPORTIONMENT DISTRICTS IN THE AREA
15 NORMALLY SERVED BY THE NEWSPAPER IN WHICH THE PUBLICATION IS
16 MADE. THE PUBLICATION SHALL ALSO STATE THE POPULATION OF THE
17 SENATORIAL AND REPRESENTATIVE DISTRICTS HAVING THE SMALLEST AND
18 LARGEST POPULATION AND THE PERCENTAGE VARIATION OF SUCH
19 DISTRICTS FROM THE AVERAGE POPULATION FOR SENATORIAL AND
20 REPRESENTATIVE DISTRICTS. IT SHALL ALSO STATE ALL INSTANCES
21 WHERE ANY COUNTY, CITY, INCORPORATED TOWN, BOROUGH OR TOWNSHIP
22 WAS DIVIDED INTO MORE THAN ONE DISTRICT. ANY OTHER DEVIATIONS
23 FROM THE CRITERIA PRESCRIBED BY THIS SECTION AND SECTION 16 OF
24 THIS ARTICLE SHALL BE SET FORTH, AND THE REASONS FOR SUCH
25 DEVIATION SHALL BE STATED.
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