PRIOR PASSAGE - NONE PRINTER'S NO. 2885
No. 2047 Session of 2007
INTRODUCED BY CURRY, BRENNAN, CALTAGIRONE, CARROLL, DePASQUALE, DeWEESE, FRANKEL, HORNAMAN, KORTZ, PETRONE, SCHRODER AND McILVAINE SMITH, NOVEMBER 21, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 21, 2007
A JOINT RESOLUTION 1 Proposing integrated amendments to the Constitution of the 2 Commonwealth of Pennsylvania, deleting provisions relating to 3 the Legislative Reapportionment Commission; and providing for 4 the Reapportionment Commission and for its powers and duties. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby resolves as follows: 7 Section 1. The following integrated amendments to the 8 Constitution of Pennsylvania are proposed in accordance with 9 Article XI: 10 (1) That section 17 of Article II be amended to read: 11 [§ 17. Legislative Reapportionment Commission. 12 (a) In each year following the year of the Federal decennial 13 census, a Legislative Reapportionment Commission shall be 14 constituted for the purpose of reapportioning the Commonwealth. 15 The commission shall act by a majority of its 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 20070H2047B2885 - 2 -
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 20070H2047B2885 - 3 -
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 (2) That Article II be amended by adding a section to read: 22 § 18. Reapportionment Commission. 23 (a) In each year following the Federal decennial census, a 24 Reapportionment Commission shall be constituted for the purpose 25 of reapportioning the districts of the Senate and House of 26 Representatives of the General Assembly and the districts 27 apportioned to the Commonwealth in the House of Representatives 28 of the United States Congress. Unless otherwise directed by 29 court order, legislative and congressional reapportionment shall 30 only be permitted once in the decade following the Federal 20070H2047B2885 - 4 -
1 decennial census. 2 (b) (1) The commission shall consist of five members: four 3 of whom shall be the majority and minority leaders, or deputies 4 appointed by each of them, and a chairman selected as provided 5 in this section. 6 (2) The Supreme Court shall appoint one member who shall 7 serve as chairman and is a registered voter within this 8 Commonwealth for at least two years prior to appointment. The 9 chairman shall not hold an office of Federal, State or local 10 government to which compensation is attached at the time of his 11 appointment. The chairman shall not have held a position within 12 a political party for at least ten years prior to appointment. 13 (3) No later than 60 days following the official reporting 14 of the Federal decennial census as required by Federal law, the 15 four members of the commission shall be certified by the 16 President pro tempore of the Senate and the Speaker of the House 17 of Representatives to the elections officer of the Commonwealth 18 who under law shall have supervision over elections. The Supreme 19 Court shall appoint the chairman of the commission during the 20 same 60-day period and shall certify the appointment to the 21 elections officer of the Commonwealth. 22 (4) Any vacancy in the commission shall be filled within 15 23 days in the same manner in which such position was originally 24 filled. 25 (c) The commission may not divide any voting precinct that 26 forms a single polygon in drafting any reapportionment plan. The 27 commission may not divide any county, city, township, borough or 28 incorporated town unless absolutely necessary. In finding that a 29 division is necessary, the commission shall file the findings in 30 an addendum to each plan adopted by the commission. The 20070H2047B2885 - 5 -
1 appropriate addendum shall be submitted to the General Assembly 2 and the Supreme Court along with each reapportionment plan under 3 the provisions of this section. The commission shall make an 4 effort to ensure that each district is as compact in area as 5 practicable. 6 (d) (1) No later than 60 days after either the commission 7 has been duly certified or usable population data for this 8 Commonwealth is available, whichever is later in time, the 9 commission shall file a preliminary reapportionment plan for the 10 General Assembly with the elections officer. 11 (2) A public comment period of 30 days shall commence with 12 the filing of the preliminary plan. The commission shall conduct 13 public hearings during the public comment period. 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. 18 (f) Any aggrieved person may file an appeal from the final 19 plan directly to the Supreme Court within 30 days after the 20 filing of the final plan. If the appellant establishes that the 21 final plan is contrary to law, the Supreme Court shall issue an 22 order remanding the plan to the commission and directing the 23 commission to reapportion the Commonwealth in a manner not 24 inconsistent with the order. The commission shall then have up 25 to 30 days to submit the reapportionment plan to the Supreme 26 Court. 27 (g) The General Assembly shall appropriate sufficient funds 28 for the compensation and expenses of members and staff appointed 29 by the commission, and other necessary expenses. The members of 30 the commission who are not elected members of the General 20070H2047B2885 - 6 -
1 Assembly shall be entitled to such compensation for their 2 services as the General Assembly from time to time shall 3 determine, but no part thereof shall be paid until a preliminary 4 legislative reapportionment plan is filed. If a preliminary plan 5 is filed but the commission fails to file a revised or a final 6 plan within the time prescribed, the commission members shall 7 forfeit all right to compensation not paid. 8 (h) If a preliminary or final legislative reapportionment 9 plan is not filed by the commission within the time prescribed 10 by this section, unless the time is extended by the Supreme 11 Court for cause shown, the Supreme Court shall immediately 12 proceed on its own motion to reapportion this Commonwealth. 13 (i) Any reapportionment plan filed by the commission or 14 ordered by the Supreme Court upon failure of the commission to 15 act shall be published by the elections officer once in at least 16 one newspaper of general circulation in each senatorial and 17 representative district. The publication shall contain a map of 18 this Commonwealth showing the complete reapportionment of the 19 General Assembly by districts, and a map showing the 20 reapportionment districts in the area normally served by the 21 newspaper in which the publication is made. The publication 22 shall also state the population of the senatorial and 23 representative districts having the smallest and largest 24 population and the percentage variation of those districts from 25 the average population for senatorial and representative 26 districts. 27 (j) (1) No later than 20 days after the final legislative 28 reapportionment plan has been approved by the Supreme Court, the 29 commission shall file a preliminary reapportionment plan for 30 Representatives in the United States Congress with the chief 20070H2047B2885 - 7 -
1 elections officer of the Commonwealth. 2 (2) A public comment period of 30 days shall commence with 3 the filing of the preliminary congressional plan. The commission 4 shall conduct public hearings during the public comment period. 5 (k) The commission shall have 20 days after the date of the 6 expiration of the public comment period to prepare and adopt a 7 final reapportionment plan for Representatives in the United 8 States Congress. 9 (l) Any aggrieved person may file an appeal from the final 10 plan directly to the Supreme Court within 30 days after the 11 filing of the final plan. If the appellant establishes that the 12 final plan is contrary to law, the Supreme Court shall issue an 13 order remanding the plan to the commission and directing the 14 commission to reapportion this Commonwealth in a manner not 15 inconsistent with the order. The commission shall then have up 16 to 15 days to submit the reapportionment plan to the Supreme 17 Court. 18 (m) If a preliminary or final congressional reapportionment 19 plan is not filed by the commission within the time prescribed 20 by this section, unless the time is extended by the Supreme 21 Court for cause shown, the Supreme Court shall immediately 22 proceed on its own motion to reapportion the congressional 23 districts of this Commonwealth. 24 (n) Any congressional reapportionment plan filed by the 25 commission or ordered by the Supreme Court upon failure of the 26 commission to act shall be published by the elections officer 27 once in at least one newspaper of general circulation in each 28 congressional district. The publication shall contain a map of 29 this Commonwealth showing the complete reapportionment of the 30 congressional districts, and a map showing the reapportioned 20070H2047B2885 - 8 -
1 districts in the area normally served by the newspaper in which 2 the publication is made. The publication shall also state the 3 population of the congressional districts having the smallest 4 and largest population and the percentage variation of those 5 districts from the average population for congressional 6 districts. 7 (o) In the event an entirely new senatorial district is 8 formed and the district would not normally be electing a member 9 of the Senate in the following general election, the district 10 shall initially elect a Senator for a term of two years in the 11 general election. The district shall thereafter elect a Senator 12 for a term of four years. No member of the Senate shall continue 13 to serve in office after another member of the Senate begins 14 that member's term of service on the first day of December next 15 after the election representing that district. 16 (p) (1) Congressional districts shall each have a 17 population as 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 (q) 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 these proposed constitutional amendments, the 30 Secretary of the Commonwealth shall proceed immediately to 20070H2047B2885 - 9 -
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 these proposed constitutional amendments. 6 (b) Upon the second passage by the General Assembly of these 7 proposed constitutional amendments, 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 these proposed constitutional amendments. The Secretary of the 14 Commonwealth shall submit the proposed constitutional amendments 15 under section 1 to the qualified electors of this Commonwealth 16 as a single ballot question at the first primary, general or 17 municipal election which meets the requirements of and is in 18 conformance with section 1 of Article XI of the Constitution of 19 Pennsylvania and which occurs at least three months after the 20 proposed constitutional amendments are passed by the General 21 Assembly. F20L83DMS/20070H2047B2885 - 10 -