PRIOR PASSAGE - NONE PRINTER'S NO. 3250
No. 2503 Session of 1992
INTRODUCED BY KUKOVICH, CAPPABIANCA, LEVDANSKY, BELARDI, LINTON, VAN HORNE, ITKIN, MIHALICH, MELIO, BELFANTI, STETLER, STABACK, BLAUM, BATTISTO, MUNDY, TIGUE, MAIALE, JOSEPHS, McHALE, HARPER, KOSINSKI, KRUSZEWSKI, FAIRCHILD, GEIST, HERMAN, LEE AND BUNT, MARCH 17, 1992
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 1992
A JOINT RESOLUTION 1 Proposing an amendment to the Constitution of the Commonwealth 2 of Pennsylvania, providing for reapportionment of districts 3 for the United States House of Representatives. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby resolves as follows: 6 Section 1. The following amendment to the Constitution of 7 Pennsylvania is proposed in accordance with Article XI: 8 That section 17 of Article II be amended to read: 9 § 17. [Legislative] Reapportionment Commission. 10 (a) In each year following the year of the Federal decennial 11 census, a [Legislative] Reapportionment Commission shall be 12 constituted for the purpose of reapportioning and redistricting 13 the Commonwealth into Federal representative, State senatorial 14 and State representative districts. The commission shall act by 15 a majority of its entire membership. 16 (b) The commission shall consist of five members: four of
1 whom shall be the majority and minority leaders of both the 2 Senate and the House of Representatives, or deputies appointed 3 by each of them, and a chairman selected as hereinafter 4 provided. No later than [60] 30 days following the official 5 reporting of the Federal decennial census as required by Federal 6 law, the four members shall be certified by the President pro 7 tempore of the Senate and the Speaker of the House of 8 Representatives to the elections officer of the Commonwealth who 9 under law shall have supervision over elections. 10 The four members within [45] 30 days after their 11 certification shall select the fifth member, who shall serve as 12 chairman of the commission, and shall immediately certify his 13 name to such elections officer. The chairman shall be a citizen 14 of the Commonwealth other than a local, State or Federal 15 official holding an office to which compensation is attached. 16 If the four members fail to select the fifth member within 17 the time prescribed, a majority of the entire membership of the 18 Supreme Court within 30 days thereafter shall appoint the 19 chairman as aforesaid and certify his appointment to such 20 elections officer. 21 Any vacancy in the commission shall be filled within 15 days 22 in the same manner in which such position was originally filled. 23 (c) No later than 90 days after either the commission has 24 been duly certified or the population data for the Commonwealth 25 as determined by the Federal decennial census are available, 26 whichever is later in time, the commission shall file a 27 preliminary State reapportionment plan with such elections 28 officer. 29 The commission shall have 30 days after filing the 30 preliminary State plan to make corrections in the plan. 19920H2503B3250 - 2 -
1 Any person aggrieved by the preliminary State plan shall have 2 the 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 State reapportionment plan. If no exceptions 6 are 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 State plan directly to the Supreme Court within 30 days after 10 the filing thereof. If the appellant establishes that the final 11 State plan is contrary to law, the Supreme Court shall issue an 12 order 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 State reapportionment plan shall have the force of 18 law and the districts therein provided shall be used thereafter 19 in elections to the General Assembly until the next 20 reapportionment as required under this section 17. 21 (f) From the day the commission votes on the final State 22 reapportionment plan, the commission shall have 20 days to file 23 a preliminary Federal redistricting plan with such elections 24 officer. 25 The commission shall have 20 days after filing the 26 preliminary Federal plan to make corrections in the plan. 27 Any person aggrieved by the preliminary Federal plan shall 28 have the same 20-day period to file exceptions with the 29 commission in which case the commission shall have 20 days after 30 the date the exceptions were filed to prepare and file with such 19920H2503B3250 - 3 -
1 elections officer a revised Federal redistricting plan. If no 2 exceptions are filed within 20 days, or, if filed and acted 3 upon, the commission's plan shall be final and have the force of 4 law. 5 (g) Any aggrieved person may file an appeal from the final 6 Federal plan directly to the Supreme Court within 20 days after 7 the filing thereof. If the appellant establishes that the final 8 Federal plan is contrary to law, the Supreme Court shall issue 9 an order remanding the plan to the commission and directing the 10 commission to redistrict the Commonwealth in a manner not 11 inconsistent with such order. 12 (h) 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 Federal redistricting plan shall have the force of 15 law and the districts therein provided shall be used thereafter 16 in elections to the United States House of Representatives until 17 the next redistricting as required under this section 17. 18 [(f)] (i) The General Assembly shall appropriate sufficient 19 funds for the compensation and expenses of members and staff 20 appointed by the commission, and other necessary expenses. The 21 members of the commission shall be entitled to such compensation 22 for their services as the General Assembly from time to time 23 shall determine, but no part thereof shall be paid until [a 24 preliminary plan is] both preliminary plans are filed. If [a 25 preliminary plan is filed but] the commission fails to file [a 26 revised or final plan] plans within the time prescribed, the 27 commission members shall forfeit all right to compensation not 28 paid. 29 [(g) If a] (j) If preliminary, revised or final 30 reapportionment [plan is] and redistricting plans are not filed 19920H2503B3250 - 4 -
1 by the commission within the time prescribed by this section, 2 unless the time be extended by the Supreme Court for cause 3 shown, the Supreme Court shall immediately proceed on its own 4 motion to reapportion and/or redistrict the Commonwealth. 5 [(h)] (k) Any reapportionment and/or redistricting plan 6 filed by the commission, or ordered or prepared by the Supreme 7 Court upon the failure of the commission to act, shall be 8 published by the elections officer once in at least one 9 newspaper of general circulation in each congressional 10 representative, State senatorial and State representative 11 district. The publication shall contain a map of the 12 Commonwealth showing the complete redistricting or 13 reapportionment of the United States House of Representatives 14 and General Assembly by districts, and a map showing the 15 redistricting or reapportionment districts in the area normally 16 served by the newspaper in which the publication is made. The 17 publication shall also state the population of the 18 congressional, senatorial and representative districts having 19 the smallest and largest population and the percentage variation 20 of such districts from the average population for congressional, 21 senatorial and representative districts. C11L83JS/19920H2503B3250 - 5 -