SENATE AMENDED
PRIOR PRINTER'S NOS. 1137, 1835 PRINTER'S NO. 1954
No. 1000 Session of 1985
INTRODUCED BY COY, OLIVER, NOYE, MANDERINO, STEIGHNER, PETRARCA,
PUNT, McCALL, PIEVSKY, IRVIS, RYAN, CIMINI, PRESSMANN,
STABACK, GALLAGHER, TIGUE, TRELLO, J. L. WRIGHT, LASHINGER,
KENNEY, FISCHER, ITKIN, HERSHEY, COHEN, DIETZ, MAYERNIK,
BELFANTI, D. R. WRIGHT, SIRIANNI, BOOK, NAHILL, OLASZ, DALEY,
KOSINSKI, BLAUM, CIVERA, DAWIDA, PERZEL, FOX, STAIRS, PRATT,
RUDY, PISTELLA, YANDRISEVITS, DUFFY, VAN HORNE, LIVENGOOD,
LUCYK, COWELL, O'DONNELL, VEON, FREEMAN, COLAFELLA, FLICK,
DeLUCA, KASUNIC, WOZNIAK, DeWEESE, BARLEY, MICHLOVIC,
HOWLETT, ACOSTA, J. J. TAYLOR, LEVDANSKY, MRKONIC,
RICHARDSON, COLE, MARKOSEK, HERMAN, BATTISTO, E. Z. TAYLOR,
BELARDI, BALDWIN, BORTNER AND WIGGINS, APRIL 17, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 1985
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," requiring a statement of purpose and explanation
12 to be printed below PREPARED, PUBLISHED AND POSTED FOR any <--
13 ballot question; AND FURTHER PROVIDING FOR THE POWERS AND <--
14 DUTIES OF THE SECRETARY OF THE COMMONWEALTH AND COUNTY BOARDS
15 OF ELECTIONS REGARDING REAPPORTIONMENT AND REDISTRICTING.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known <--
19 as the Pennsylvania Election Code, is amended by adding a
1 section to read:
2 SECTION 1. SECTION 201 OF THE ACT OF JUNE 3, 1937 (P.L.1333, <--
3 NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS AMENDED TO
4 READ:
5 SECTION 201. POWERS AND DUTIES OF THE SECRETARY OF THE
6 COMMONWEALTH.--THE SECRETARY OF THE COMMONWEALTH SHALL EXERCISE
7 IN THE MANNER PROVIDED BY THIS ACT ALL POWERS GRANTED TO HIM BY
8 THIS ACT, AND SHALL PERFORM ALL THE DUTIES IMPOSED UPON HIM BY
9 THIS ACT, WHICH SHALL INCLUDE THE FOLLOWING:
10 (A) TO DETERMINE, IN ACCORDANCE WITH THE PROVISIONS OF THIS
11 ACT, THE FORMS OF NOMINATION PETITIONS AND PAPERS, EXPENSE
12 ACCOUNTS AND ALL OTHER FORMS AND RECORDS, THE FORM OF WHICH HE
13 IS REQUIRED TO DETERMINE UNDER THE PROVISIONS OF THIS ACT.
14 (B) TO EXAMINE AND REEXAMINE VOTING MACHINES, AND TO APPROVE
15 OR DISAPPROVE THEM FOR USE IN THIS STATE, IN ACCORDANCE WITH THE
16 PROVISIONS OF THIS ACT.
17 (C) TO CERTIFY TO COUNTY BOARDS OF ELECTIONS FOR PRIMARIES
18 AND ELECTIONS THE NAMES OF THE CANDIDATES FOR PRESIDENT AND
19 VICE-PRESIDENT OF THE UNITED STATES, PRESIDENTIAL ELECTORS,
20 UNITED STATES SENATORS, REPRESENTATIVES IN CONGRESS AND ALL
21 STATE OFFICES, INCLUDING SENATORS, REPRESENTATIVES, AND JUDGES
22 OF ALL COURTS OF RECORD, AND DELEGATES AND ALTERNATE DELEGATES
23 TO NATIONAL CONVENTIONS, AND MEMBERS OF STATE COMMITTEES, AND
24 THE FORM AND WORDING OF CONSTITUTIONAL AMENDMENTS OR OTHER
25 QUESTIONS TO BE SUBMITTED TO THE ELECTORS OF THE STATE AT LARGE.
26 (D) TO RECEIVE AND DETERMINE, AS HEREINAFTER PROVIDED, THE
27 SUFFICIENCY OF NOMINATION PETITIONS, CERTIFICATES AND PAPERS OF
28 CANDIDATES FOR PRESIDENT OF THE UNITED STATES, PRESIDENTIAL
29 ELECTORS, UNITED STATES SENATORS, REPRESENTATIVES IN CONGRESS
30 AND ALL STATE OFFICES, INCLUDING SENATORS, REPRESENTATIVES AND
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1 JUDGES OF ALL COURTS OF RECORD, AND DELEGATES AND ALTERNATE
2 DELEGATES TO NATIONAL CONVENTIONS AND MEMBERS OF STATE
3 COMMITTEES.
4 (E) TO RECEIVE SUCH REPORTS FROM COUNTY BOARDS OF ELECTIONS
5 AS ARE REQUIRED BY THIS ACT, AND TO DEMAND SUCH ADDITIONAL
6 REPORTS ON SPECIAL MATTERS AS HE MAY DEEM NECESSARY.
7 (F) TO RECEIVE FROM COUNTY BOARDS OF ELECTIONS THE RETURNS
8 OF PRIMARIES AND ELECTIONS, TO CANVASS AND COMPUTE THE VOTES
9 CAST FOR CANDIDATES AND UPON QUESTIONS AS REQUIRED BY THE
10 PROVISIONS OF THIS ACT; TO PROCLAIM THE RESULTS OF SUCH
11 PRIMARIES AND ELECTIONS, AND TO ISSUE CERTIFICATES OF ELECTION
12 TO THE SUCCESSFUL CANDIDATES AT SUCH ELECTIONS, EXCEPT IN CASES
13 WHERE THAT DUTY IS IMPOSED BY LAW ON ANOTHER OFFICER OR BOARD.
14 (G) TO SERVE AS THE STATE LIAISON, FOR THE PURPOSE OF
15 MAXIMIZING CONFORMITY BETWEEN CENSUS BLOCK BOUNDARY LINES AND
16 THE COMMONWEALTH'S ELECTION DISTRICTS, WITH THE FEDERAL BUREAU
17 OF THE CENSUS AND TO PROVIDE SUCH ASSISTANCE AS IS NECESSARY TO
18 ASSURE TO THE GENERAL ASSEMBLY THE AVAILABILITY OF ELECTION
19 DISTRICT POPULATIONS FROM THE FEDERAL BUREAU OF THE CENSUS
20 FOLLOWING THE 1990 CENSUS.
21 [(G)] (H) TO PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED
22 BY LAW.
23 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
24 Section 201.1. Explanation of Ballot Question.--In addition <--
25 to the other duties imposed by law on him, the Secretary of the
26 Commonwealth shall insure that a statement which indicates the
27 purpose, limitations and effects of the ballot question on the
28 people of the Commonwealth be printed, in plain English,
29 immediately below the official wording of the ballot question.
30 This requirement shall be followed in all ballot questions,
19850H1000B1954 - 3 -
1 including those dealing with constitutional amendments. WHENEVER <--
2 A PROPOSED CONSTITUTIONAL AMENDMENT OR OTHER STATEWIDE BALLOT
3 QUESTION SHALL BE SUBMITTED TO THE ELECTORS OF THE COMMONWEALTH
4 IN REFERENDUM, THE ATTORNEY GENERAL SHALL PREPARE A STATEMENT IN
5 PLAIN ENGLISH WHICH INDICATES THE PURPOSE, LIMITATIONS AND
6 EFFECTS OF THE BALLOT QUESTION ON THE PEOPLE OF THE
7 COMMONWEALTH. THE SECRETARY OF THE COMMONWEALTH SHALL INCLUDE
8 SUCH STATEMENT IN HIS PUBLICATION OF A PROPOSED CONSTITUTIONAL
9 AMENDMENT AS REQUIRED BY ARTICLE XI OF THE CONSTITUTION OF
10 PENNSYLVANIA. THE SECRETARY OF THE COMMONWEALTH SHALL CERTIFY
11 SUCH STATEMENT TO THE COUNTY BOARDS OF ELECTIONS WHO SHALL
12 PUBLISH SUCH STATEMENT AS A PART OF THE NOTICE OF ELECTIONS
13 REQUIRED BY SECTION 1201 OR ANY OTHER PROVISION OF THIS ACT. THE
14 COUNTY BOARD OF ELECTIONS SHALL ALSO REQUIRE THAT AT LEAST THREE
15 COPIES OF SUCH STATEMENT BE POSED IN OR ABOUT THE VOTING ROOM
16 OUTSIDE THE ENCLOSED SPACE WITH THE SPECIMEN BALLOTS AND OTHER
17 INSTITUTIONS AND NOTICES OF PENALTIES. IN ELECTION QUESTIONS
18 WHICH AFFECT ONLY ONE MUNICIPALITY, THE COUNTY BOARD OF
19 ELECTIONS SHALL FULFILL THESE REQUIREMENTS IN THE PLACE OF THE
20 ATTORNEY GENERAL AND THE SECRETARY OF THE COMMONWEALTH.
21 SECTION 3. SECTIONS 501 AND 502 OF THE ACT, AMENDED JULY 11,
22 1980 (P.L.600, NO.128), ARE AMENDED TO READ:
23 SECTION 501. TOWNSHIPS, BOROUGHS AND WARDS TO CONSTITUTE
24 ELECTION DISTRICTS.--EACH BOROUGH AND TOWNSHIP, NOT DIVIDED INTO
25 WARDS, AND EACH WARD OF EVERY CITY, BOROUGH AND TOWNSHIP NOW
26 EXISTING OR HEREAFTER CREATED, SHALL CONSTITUTE A SEPARATE
27 ELECTION DISTRICT, UNLESS DIVIDED INTO TWO OR MORE ELECTION
28 DISTRICTS OR FORMED INTO ONE ELECTION DISTRICT, WHICH SHALL THEN
29 BE RENUMBERED, AS HEREINAFTER PROVIDED. ALL ELECTION DISTRICTS
30 NOW EXISTING OR HEREAFTER CREATED SHALL BE NUMERICALLY
19850H1000B1954 - 4 -
1 IDENTIFIED BY THE SECRETARY FOR STATE REPORTING PURPOSES WITHIN
2 EACH MUNICIPALITY BEGINNING NO LATER THAN JANUARY 1, 1986.
3 SECTION 502. COURT TO CREATE NEW ELECTION DISTRICTS.--
4 SUBJECT TO THE PROVISIONS OF SECTION 501 OF THIS ACT, THE COURT
5 OF COMMON PLEAS OF THE COUNTY IN WHICH THE SAME ARE LOCATED, MAY
6 FORM OR CREATE NEW ELECTION DISTRICTS BY DIVIDING OR REDIVIDING
7 ANY BOROUGH, TOWNSHIP, WARD OR ELECTION DISTRICT INTO TWO OR
8 MORE ELECTION DISTRICTS OF COMPACT AND CONTIGUOUS TERRITORY,
9 HAVING BOUNDARIES WITH CLEARLY VISIBLE PHYSICAL FEATURES AND
10 WHOLLY CONTAINED WITHIN ANY LARGER DISTRICT FROM WHICH ANY
11 FEDERAL, STATE, COUNTY, MUNICIPAL OR SCHOOL DISTRICT OFFICERS
12 ARE ELECTED, OR ALTER THE BOUNDS OF ANY ELECTION DISTRICT, OR
13 FORM AN ELECTION DISTRICT OUT OF TWO OR MORE ADJACENT DISTRICTS
14 OR PARTS OF DISTRICTS, OR CONSOLIDATE ADJOINING ELECTION
15 DISTRICTS OR FORM AN ELECTION DISTRICT OUT OF TWO OR MORE
16 ADJACENT WARDS, SO AS TO SUIT THE CONVENIENCE OF THE ELECTORS
17 AND TO PROMOTE THE PUBLIC INTERESTS. ELECTION DISTRICTS SO
18 FORMED SHALL CONTAIN BETWEEN SIX HUNDRED (600) AND EIGHT HUNDRED
19 (800) REGISTERED ELECTORS AS NEARLY AS MAY BE. NO ELECTION
20 DISTRICT SHALL BE FORMED THAT SHALL CONTAIN LESS THAN ONE
21 HUNDRED (100) REGISTERED ELECTORS. IF CHANGES ARE MADE PURSUANT
22 TO THIS PARAGRAPH BY PETITION ON OR BEFORE DECEMBER 1, 1986,
23 SOLELY FOR THE PURPOSE OF CREATING CLEARLY VISIBLE PHYSICAL
24 BOUNDARIES, THE REQUIREMENTS RELATING TO THE APPROPRIATE NUMBER
25 OF ELECTORS IN EACH ELECTION DISTRICT AS PROVIDED IN SECTION 502
26 SHALL NOT APPLY TO SUCH CHANGE. WHEN A SCHOOL DISTRICT CROSSES
27 COUNTY LINES, THE REGIONS OF THE SCHOOL DISTRICT SHALL BE
28 COMPOSED OF CONTIGUOUS ELECTION DISTRICTS.
29 SECTION 4. SECTIONS 503 AND 504 OF THE ACT, REENACTED APRIL
30 4, 1945 (P.L.143, NO.64) AND REPEALED IN PART APRIL 28, 1978
19850H1000B1954 - 5 -
1 (P.L.202, NO.53), ARE AMENDED TO READ:
2 SECTION 503. PETITIONS FOR NEW ELECTION DISTRICTS; REFERENCE
3 TO COUNTY BOARD OF ELECTIONS; REPORT.--UPON THE PETITION OF
4 TWENTY REGISTERED ELECTORS OF ANY TOWNSHIP, BOROUGH, WARD OR
5 ELECTION DISTRICT, TO THE COURT OF THE PROPER COUNTY, PRAYING
6 FOR THE DIVISION OR REDIVISION OF SUCH TOWNSHIP, BOROUGH, WARD
7 OR ELECTION DISTRICT INTO TWO OR MORE ELECTION DISTRICTS, OR FOR
8 THE ALTERATION OF THE BOUNDS OF ANY ELECTION DISTRICT, OR FOR
9 THE FORMATION OF ONE OR MORE ELECTION DISTRICTS OUT OF TWO OR
10 MORE EXISTING ELECTION DISTRICTS, OR PARTS THEREOF, OR FOR THE
11 CONSOLIDATION OF ADJOINING ELECTION DISTRICTS, THE SAID COURT
12 SHALL REFER THE SAID PETITION TO THE COUNTY BOARD OF ELECTIONS,
13 WHICH SHALL MAKE A FULL INVESTIGATION OF THE FACTS, AND SHALL
14 REPORT TO THE COURT ITS FINDINGS AND RECOMMENDATIONS AS TO THE
15 DIVISION, REDIVISION, ALTERATION, FORMATION OR CONSOLIDATION OF
16 ELECTION DISTRICTS PRAYED FOR. IF THE COUNTY BOARD SHALL FIND
17 THAT A DIVISION, REDIVISION, ALTERATION, FORMATION OR
18 CONSOLIDATION OF ELECTION DISTRICTS WILL PROMOTE THE CONVENIENCE
19 OF THE ELECTORS AND THE PUBLIC INTERESTS, IT SHALL RECOMMEND A
20 PROPER DIVISION, REDIVISION, ALTERATION, FORMATION OR
21 CONSOLIDATION OF ELECTION DISTRICTS, [AND SHALL ACCOMPANY ITS
22 REPORT WITH A MAP, PLOT OR DRAFT OF THE NEW ELECTION DISTRICT OR
23 DISTRICTS PROPOSED BY IT, IF THE SAME CANNOT BE FULLY DESIGNATED
24 BY NATURAL LINES] WHICH MUST HAVE CLEARLY VISIBLE PHYSICAL
25 BOUNDARIES, AND SHALL ACCOMPANY ITS REPORT WITH A MAP AND A
26 VERBAL DESCRIPTION OF THE BOUNDARIES. SUCH PETITIONS MAY SPECIFY
27 THE BOUNDARIES DESIRED BY THE PETITIONERS, AND MAY BE
28 ACCOMPANIED BY A MAP SETTING FORTH SUCH BOUNDARIES.
29 SECTION 504. PETITIONS BY COUNTY BOARD; ACTION BY COURT ON
30 PETITION OR REPORT.--THE COUNTY BOARD OF ELECTIONS MAY ALSO
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1 PETITION THE COURT FOR THE DIVISION OR REDIVISION OF ANY
2 TOWNSHIP, BOROUGH, WARD OR ELECTION DISTRICT INTO TWO OR MORE
3 ELECTION DISTRICTS, OR FOR THE ALTERATION OF THE BOUNDS OF ANY
4 ELECTION DISTRICT, OR FOR THE FORMATION OF ONE OR MORE ELECTION
5 DISTRICTS OUT OF TWO OR MORE EXISTING ELECTION DISTRICTS, OR
6 PARTS THEREOF, OR FOR THE CONSOLIDATION OF ADJOINING ELECTION
7 DISTRICTS, ACCOMPANYING ITS PETITION [BY A DESCRIPTION OF THE
8 PROPOSED NEW ELECTION DISTRICTS AND BY A MAP, PLOT OR DRAFT
9 THEREOF, IF THE SAME CANNOT BE FULLY DESIGNATED BY NATURAL
10 LINES] WITH A MAP AND A VERBAL DESCRIPTION OF THE BOUNDARIES OF
11 THE PROPOSED NEW ELECTION DISTRICTS WHICH MUST HAVE CLEARLY
12 VISIBLE PHYSICAL FEATURES. UPON THE PRESENTATION OF ANY SUCH
13 PETITION BY THE COUNTY BOARD, OR UPON THE FILING BY THE BOARD OF
14 ITS REPORT AND RECOMMENDATIONS AS TO ANY PETITION PRESENTED BY
15 QUALIFIED ELECTORS UNDER THE PROVISIONS OF SECTION 503 OF THIS
16 ACT, THE COURT MAY MAKE SUCH ORDER FOR THE DIVISION, REDIVISION,
17 ALTERATION, FORMATION OR CONSOLIDATION OF ELECTION DISTRICTS, AS
18 WILL, IN ITS OPINION, PROMOTE THE CONVENIENCE OF ELECTORS AND
19 THE PUBLIC INTERESTS: PROVIDED, HOWEVER, THAT THE COURT SHALL
20 NOT MAKE ANY FINAL ORDER FOR THE DIVISION, REDIVISION,
21 ALTERATION, FORMATION OR CONSOLIDATION OF ELECTION DISTRICTS
22 UNTIL AT LEAST TEN DAYS AFTER NOTICE SHALL HAVE BEEN POSTED IN
23 AT LEAST FIVE PUBLIC AND CONSPICUOUS PLACES IN THE DISTRICT OR
24 DISTRICTS TO BE AFFECTED THEREBY, ONE OF WHICH NOTICES SHALL BE
25 POSTED ON OR IN THE IMMEDIATE VICINITY OF THE POLLING PLACE IN
26 EACH SUCH DISTRICT. SUCH NOTICE SHALL STATE IN BRIEF FORM THE
27 DIVISION, REDIVISION, ALTERATION, FORMATION OR CONSOLIDATION OF
28 ELECTION DISTRICTS RECOMMENDED BY THE COUNTY BOARD, AND THE DATE
29 UPON WHICH THE SAME WILL BE CONSIDERED BY THE COURT, AND SHALL
30 CONTAIN A WARNING THAT ANY PERSON OBJECTING THERETO MUST FILE
19850H1000B1954 - 7 -
1 HIS OBJECTIONS WITH THE CLERK OF THE COURT PRIOR TO SUCH DATE.
2 UPON THE MAKING OF ANY SUCH FINAL ORDER BY THE COURT, A COPY
3 THEREOF SHALL BE CERTIFIED BY THE CLERK TO THE COUNTY BOARD OF
4 ELECTIONS.
5 SECTION 5. SECTION 532(A) OF THE ACT, REENACTED AND AMENDED
6 NOVEMBER 23, 1976 (P.L.1124, NO.236), IS AMENDED TO READ:
7 SECTION 532. WARDS IN CITIES OF THE FIRST CLASS MAY BE
8 CREATED, DIVIDED, REALIGNED, OR CONSOLIDATED.--
9 (A) WARDS IN A CITY OF THE FIRST CLASS MAY BE CREATED,
10 DIVIDED, REALIGNED OR CONSOLIDATED, ALONG CLEARLY VISIBLE
11 PHYSICAL BOUNDARIES, BY THE COURT OF COMMON PLEAS OF THE COUNTY
12 IN WHICH SAID CITY IS LOCATED, UPON APPLICATION THERETO FOR
13 THOSE PURPOSES BY THE PETITION OF AT LEAST A TOTAL OF ONE
14 HUNDRED QUALIFIED ELECTORS FROM THE WARD OR WARDS SOUGHT TO BE
15 AFFECTED, OR OF THE COUNCIL OF SUCH CITY.
16 * * *
17 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 SECTION 533. DUTIES AND RESPONSIBILITIES OF THE SECRETARY
19 AND THE COUNTY BOARDS OF ELECTIONS FOR THE 1990 REAPPORTIONMENT
20 AND REDISTRICTING.--(A) BY SEPTEMBER 1, 1985, THE SECRETARY
21 SHALL SEND TO EACH COUNTY BOARD OF ELECTIONS COPIES OF THE 1980
22 CENSUS MAPS WITH EACH CENSUS BLOCK CLEARLY MARKED. BY JANUARY 1,
23 1986, THE COUNTY BOARDS SHALL RETURN TO THE SECRETARY THOSE SAME
24 MAPS UPON WHICH HAVE BEEN DRAWN ALL ELECTION DISTRICT LINES,
25 ALONG WITH A WRITTEN DESCRIPTION OF THE GEOGRAPHIC BOUNDARIES OF
26 EACH DISTRICT, A NOTATION AS TO WHICH BOUNDARIES DO NOT COINCIDE
27 WITH CLEARLY VISIBLE PHYSICAL FEATURES, AND RECOMMENDATIONS FOR
28 CHANGES IN ELECTION DISTRICT BOUNDARIES TO BRING SUCH BOUNDARIES
29 INTO COMPLIANCE WITH THIS ACT. UPON RECEIPT, THE SECRETARY SHALL
30 REVIEW THOSE BOUNDARY LINES WHICH DO NOT COINCIDE WITH CLEARLY
19850H1000B1954 - 8 -
1 VISIBLE PHYSICAL FEATURES AND THE RECOMMENDATIONS FOR BOUNDARY
2 CHANGES TO COINCIDE WITH CLEARLY VISIBLE PHYSICAL FEATURES AND
3 CONFER WITH THE REGIONAL CENSUS BUREAU AND THE COUNTY BOARDS TO
4 RESOLVE DIFFERENCES. THE SECRETARY SHALL ATTEMPT TO HAVE THE
5 CENSUS BUREAU DRAW BLOCK LINES IN ACCORDANCE WITH THE
6 RECOMMENDATIONS OF THE COUNTY BOARDS PROVIDED THAT SUCH
7 RECOMMENDATIONS ARE IN ACCORDANCE WITH THE PROVISIONS OF THIS
8 ACT. NO LATER THAN JULY 1, 1986, THE SECRETARY SHALL INFORM THE
9 COUNTY BOARDS THAT THE RECOMMENDED CHANGES AND ANY RESOLVED
10 DIFFERENCES HAVE BEEN APPROVED BY THE SECRETARY. THE COUNTY
11 BOARDS SHALL PETITION THE APPROPRIATE COURT OF COMMON PLEAS FOR
12 ALTERATION OF THE BOUNDARIES WHERE NECESSARY, EFFECTIVE
13 IMMEDIATELY FOLLOWING THE GENERAL ELECTION IN 1986, AS
14 HEREINAFTER PRESCRIBED. THE SECRETARY SHALL COMPENSATE THE
15 COUNTY BOARDS FOR THE ADDITIONAL WORK REQUIRED ON A PER CAPITA
16 BASIS AT A RATE TO BE DETERMINED BY THE SECRETARY AND IN
17 ACCORDANCE WITH ANY APPROPRIATION THEREFOR. SHOULD THE COUNTY
18 BOARDS FAIL TO SUBMIT MAPS, DESCRIPTIONS OR RECOMMENDATIONS BY
19 JANUARY 1, 1986, OR SHOULD RESOLUTION OF THE NECESSARY BOUNDARY
20 CHANGES NOT BE POSSIBLE BY JULY 1, 1986, THE SECRETARY IS HEREBY
21 AUTHORIZED TO ASCERTAIN WHICH ELECTION DISTRICT BOUNDARIES DO
22 NOT CONFORM WITH THIS ACT AND ON OR BEFORE DECEMBER 1, 1986,
23 PETITION THE COMMONWEALTH COURT, WITH NOTICE TO THE COUNTY
24 BOARDS, TO ALTER SUCH BOUNDARIES IN ORDER TO BRING THEM INTO
25 COMPLIANCE. THE COUNTY BOARDS SHALL HAVE STANDING TO INTERVENE
26 IN ANY SUCH ACTION FOR PURPOSES OF CHALLENGING ANY BOUNDARY
27 RECOMMENDATIONS MADE BY THE SECRETARY AND FILING ANY ALTERNATIVE
28 RECOMMENDATIONS SO LONG AS SUCH RECOMMENDATIONS COMPLY WITH THE
29 PROVISIONS OF THIS ACT.
30 (B) NO ELECTION DISTRICT SHALL BE CREATED, DIVIDED,
19850H1000B1954 - 9 -
1 ABOLISHED OR CONSOLIDATED OR THE BOUNDARIES THEREIN CHANGED
2 BETWEEN JULY 1, 1988, AND DECEMBER 1, 1992, EXCEPT THAT AN
3 ELECTION DISTRICT MAY BE DIVIDED OR TWO OR MORE DISTRICTS MAY BE
4 COMBINED INTO ONE SO LONG AS THE BOUNDARY OF THE NEW COMBINED
5 DISTRICT IS COMPOSED ENTIRELY OF CLEARLY VISIBLE PHYSICAL
6 FEATURES AND THE BOUNDARY OF THE NEW COMBINED DISTRICT IS
7 COMPOSED ENTIRELY OF PORTIONS OF THE ORIGINAL BOUNDARIES OF THE
8 PRECINCTS WHICH WERE COMBINED AND THE NUMERICAL IDENTITY OF THE
9 ORIGINAL DISTRICT IS PREFIXED. IF CHANGES IN ELECTION DISTRICTS
10 ARE REQUIRED BETWEEN DECEMBER 1986, AND DECEMBER 1, 1992, THE
11 COUNTY BOARDS SHALL NOTIFY THE SECRETARY OF THE COMMONWEALTH, IN
12 WRITING, AND INCLUDE A MAP AND A DESCRIPTION OF THE PROPOSED
13 GEOGRAPHIC BOUNDARIES OF THE NEW DISTRICTS. NO COUNTY BOARDS
14 SHALL PETITION THE APPROPRIATE COURT OF COMMON PLEAS FOR
15 APPROVAL OF THE NEW ELECTION DISTRICTS UNTIL THE SECRETARY HAS
16 DETERMINED AND CERTIFIED TO THE COUNTY BOARD THAT THE NEW
17 BOUNDARIES HAVE CLEARLY VISIBLE PHYSICAL FEATURES CONFORMING
18 WITH THE PROPOSED CENSUS BLOCKS. IF THE SECRETARY DOES NOT
19 NOTIFY THE COUNTY BOARD OF HIS APPROVAL OR REJECTION OF THE
20 CHANGE, WITHIN THIRTY DAYS OF RECEIPT, ITS CHANGE SHALL BE
21 DEEMED APPROVED.
22 (C) THE SECRETARY SHALL REPORT THE PROGRESS OF THE BLOCK
23 BOUNDARY REVIEW PROJECT MONTHLY TO THE PRESIDENT PRO TEMPORE OF
24 THE SENATE AND TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
25 THE SECRETARY SHALL DELIVER TO THE REAPPORTIONMENT COMMISSION OF
26 THE COMMONWEALTH, WHEN THE COMMISSION IS FORMED, A FULL SET OF
27 MAPS FOR EVERY COUNTY WHICH SHALL INCLUDE ALL THEN CURRENT
28 PRECINCT BOUNDARIES AND CENSUS BLOCKS AND SHALL, AT THIS SAME
29 TIME, MAKE A FINAL REPORT TO THE PRESIDENT PRO TEMPORE OF THE
30 SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
19850H1000B1954 - 10 -
1 SECTION 7. THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED
2 INSOFAR AS THEY ARE INCONSISTENT WITH THE PROVISIONS OF SECTIONS
3 201, 501, 502, 503, 532 AND 533 OF THE ACT AS AMENDED HEREIN:
4 SECTIONS 302 AND 302.1 OF THE ACT OF MARCH 10, 1949 (P.L.30,
5 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
6 ACT OF DECEMBER 13, 1974 (P.L.947, NO.312), KNOWN AS THE
7 MUNICIPAL REAPPORTIONMENT ACT.
8 Section 2 8. This act shall take effect in 60 days <--
9 IMMEDIATELY. <--
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