PRIOR PASSAGE - NONE PRINTER'S NO. 4238
No. 2734 Session of 2008
INTRODUCED BY CURRY, BENNINGHOFF, BIANCUCCI, CALTAGIRONE, CONKLIN, DePASQUALE, DeWEESE, HARPER, JOSEPHS, MANDERINO, McILVAINE SMITH, MELIO, MUNDY, MURT, M. O'BRIEN, RUBLEY, SIPTROTH AND WILLIAMS, AUGUST 5, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 5, 2008
A JOINT RESOLUTION 1 Proposing integrated amendments to the Constitution of the 2 Commonwealth of Pennsylvania, further providing for 3 legislative and congressional reapportionment. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby resolves as follows: 6 Section 1. The following amendments to the Constitution of 7 Pennsylvania are proposed in accordance with Article XI: 8 (1) That section 17 of Article II be repealed: 9 [§ 17.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 the Commonwealth. 13 The commission shall act by a majority of its entire membership. 14 (b) The commission shall consist of five members: four of 15 whom shall be the majority and minority leaders of both the 16 Senate and the House of Representatives, or deputies appointed 17 by each of them, and a chairman selected as hereinafter
1 provided. No later than 60 days following the official reporting 2 of the Federal decennial census as required by Federal law, the 3 four members shall be certified by the President pro tempore of 4 the Senate and the Speaker of the House of Representatives to 5 the elections officer of the Commonwealth who under law shall 6 have supervision over elections. 7 The four members within 45 days after their certification 8 shall select the fifth member, who shall serve as chairman of 9 the commission, and shall immediately certify his name to such 10 elections officer. The chairman shall be a citizen of the 11 Commonwealth other than a local, State or Federal official 12 holding an office to which compensation is attached. 13 If the four members fail to select the fifth member within 14 the time prescribed, a majority of the entire membership of the 15 Supreme Court within 30 days thereafter shall appoint the 16 chairman as aforesaid and certify his appointment to such 17 elections officer. 18 Any vacancy in the commission shall be filled within 15 days 19 in the same manner in which such position was originally filled. 20 (c) No later than 90 days after either the commission has 21 been duly certified or the population data for the Commonwealth 22 as determined by the Federal decennial census are available, 23 whichever is later in time, the commission shall file a 24 preliminary reapportionment plan with such elections officer. 25 The commission shall have 30 days after filing the 26 preliminary plan to make corrections in the plan. 27 Any person aggrieved by the preliminary plan shall have the 28 same 30-day period to file exceptions with the commission in 29 which case the commission shall have 30 days after the date the 30 exceptions were filed to prepare and file with such elections 20080H2734B4238 - 2 -
1 officer a revised reapportionment plan. If no exceptions are 2 filed within 30 days, or if filed and acted upon, the 3 commissions's plan shall be final and have the force of law. 4 (d) Any aggrieved person may file an appeal from the final 5 plan directly to the Supreme Court within 30 days after the 6 filing thereof. If the appellant establishes that the final plan 7 is contrary to law, the Supreme Court shall issue an order 8 remanding the plan to the commission and directing the 9 commission to reapportion the Commonwealth in a manner not 10 inconsistent with such order. 11 (e) When the Supreme Court has finally decided an appeal or 12 when the last day for filing an appeal has passed with no appeal 13 taken, the reapportionment plan shall have the force of law and 14 the districts therein provided shall be used thereafter in 15 elections to the General Assembly until the next reapportionment 16 as required under this section 17. 17 (f) Any district which does not include the residence from 18 which a member of the Senate was elected whether or not 19 scheduled for election at the next general election shall elect 20 a Senator at such election. 21 (g) 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. 20080H2734B4238 - 3 -
1 (h) 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 (i) 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 a map of the Commonwealth showing the complete 12 reapportionment of the General Assembly by districts, and a map 13 showing the reapportionment districts in the area normally 14 served by the newspaper in which the publication is made. The 15 publication shall also state the population of the senatorial 16 and representative districts having the smallest and largest 17 population and the percentage variation of such districts from 18 the average population for senatorial and representative 19 districts.] 20 (2) That Article II be amended by adding a section to read: 21 § 18. Reapportionment Commission. 22 (a) In each year following the Federal decennial census, a 23 Reapportionment Commission shall be constituted for the purpose 24 of reapportioning the districts of the Senate and the House of 25 Representatives of the General Assembly and the districts 26 apportioned to the Commonwealth in the House of Representatives 27 of the United States Congress. Unless otherwise directed by 28 court order, legislative and congressional reapportionment shall 29 only be permitted once in the decade following the Federal 30 decennial census. 20080H2734B4238 - 4 -
1 (b) (1) The commission shall consist of seven members: four 2 of whom shall be the majority and minority leaders of the 3 Senate and the House of Representatives of the General 4 Assembly, or deputies appointed by each of them, and three 5 members selected as provided in this subsection. 6 (2) The Supreme Court shall appoint three members of the 7 commission, one of whom shall be appointed chairman by the 8 court. The appointed members shall be registered voters 9 within this Commonwealth for at least two years prior to 10 appointment. The appointed members shall not hold an office 11 of Federal, State or local government to which compensation 12 is attached at the time of their appointment. The appointed 13 commission members shall not have held a position within a 14 political party for at least ten years prior to appointment. 15 (3) (i) No later than 60 days following the official 16 reporting of the Federal decennial census as required by 17 Federal law, the four members of the commission shall be 18 certified by the President pro tempore of the Senate and 19 the Speaker of the House of Representatives to the 20 elections officer of the Commonwealth who under law shall 21 have supervision over elections. 22 (ii) The Supreme Court shall appoint three members 23 of the commission, including the chairman, during the 24 same 60-day period and shall certify the appointment to 25 the elections officer of the Commonwealth. 26 (4) Any vacancy in the commission shall be filled within 27 15 days in the same manner in which such position was 28 originally filled. 29 (c) (1) The commission may not divide any voting precinct 30 that forms a single polygon in drafting any reapportionment 20080H2734B4238 - 5 -
1 plan. The commission may not divide any county, city, 2 township, borough or incorporated town unless absolutely 3 necessary. 4 (2) In finding that a division is necessary, the 5 commission must file said findings in an addendum to each 6 plan adopted by the commission. The appropriate addendum must 7 be submitted to the General Assembly and the Supreme Court 8 along with each reapportionment plan under the provisions of 9 this section. 10 (3) The commission shall make an effort to ensure that 11 each district is as compact in area as practicable. 12 (d) (1) No later than 60 days after either the commission 13 has been duly certified or usable population data for the 14 Commonwealth is available, whichever is later, the commission 15 shall file a preliminary reapportionment plan for the General 16 Assembly with such elections officer. 17 (2) A public comment period of 30 days shall commence 18 with the filing of the preliminary plan. The commission shall 19 conduct public hearings during the public comment period. 20 (e) The commission shall have 30 days after the date of the 21 expiration of the public comment period to prepare and adopt a 22 revised reapportionment plan for both Houses of the General 23 Assembly, which shall become the final plan. 24 (f) Any aggrieved person may file an appeal from the final 25 plan under subsection (e) directly to the Supreme Court within 26 30 days after the filing of the final plan. If the appellant 27 establishes that the final plan is contrary to law, the Supreme 28 Court shall issue an order remanding the plan to the commission 29 and directing the commission to reapportion the Commonwealth in 30 a manner not inconsistent with such order. The commission shall 20080H2734B4238 - 6 -
1 submit the reapportionment plan to the Supreme Court within 30 2 days. 3 (g) The General Assembly shall appropriate sufficient funds 4 for the compensation and expenses of members and staff appointed 5 by the commission and other necessary expenses. The members of 6 the commission who are not elected members of the General 7 Assembly shall be entitled to such compensation for their 8 services as the General Assembly from time to time shall 9 determine, but no part thereof shall be paid until a preliminary 10 legislative reapportionment plan is filed. If a preliminary plan 11 is filed but the commission fails to file a revised or a final 12 plan within the time prescribed, the commission members shall 13 forfeit all right to compensation not paid. 14 (h) If a preliminary or final legislative reapportionment 15 plan is not filed by the commission within the time prescribed 16 by this section, unless the time is extended by the Supreme 17 Court for cause shown, the Supreme Court shall immediately 18 proceed on its own motion to reapportion this Commonwealth. 19 (i) Any reapportionment plan filed by the commission or 20 ordered by the Supreme Court upon failure of the commission to 21 act shall be published by the elections officer once in at least 22 one newspaper of general circulation in each senatorial and 23 representative district. The publication shall contain a map of 24 the Commonwealth showing the complete reapportionment of the 25 General Assembly by districts and a map showing the 26 reapportionment districts in the area normally served by the 27 newspaper in which the publication is made. The publication 28 shall also state the population of the senatorial and 29 representative districts having the smallest and largest 30 population and the percentage variation of such districts from 20080H2734B4238 - 7 -
1 the average population for senatorial and representative 2 districts. 3 (j) (1) No later than 20 days after the final legislative 4 reapportionment plan has been approved by the Supreme Court, 5 the commission shall file a preliminary reapportionment plan 6 for representatives in the Congress of the United States with 7 the chief elections officer of the Commonwealth. 8 (2) A public comment period of 30 days shall commence 9 with the filing of the preliminary congressional plan. The 10 commission shall conduct public hearings during the public 11 comment period. 12 (k) The commission shall have 20 days after the date of the 13 expiration of the public comment period to prepare and adopt a 14 final congressional reapportionment plan for representatives in 15 the Congress of the United States. 16 (l) Any aggrieved person may file an appeal from the final 17 plan under subsection (k) directly to the Supreme Court within 18 30 days after the filing of the final plan. If the appellant 19 establishes that the final plan is contrary to law, the Supreme 20 Court shall issue an order remanding the plan to the commission 21 and directing the commission to reapportion the Commonwealth in 22 a manner not inconsistent with such order. The commission shall 23 submit the reapportionment plan to the Supreme Court within 15 24 days. 25 (m) If a preliminary or final congressional reapportionment 26 plan is not filed by the commission within the time prescribed 27 by this section, unless the time is extended by the Supreme 28 Court for cause shown, the Supreme Court shall immediately 29 proceed on its own motion to reapportion the congressional 30 districts of the Commonwealth. 20080H2734B4238 - 8 -
1 (n) Any congressional reapportionment plan filed by the 2 commission or ordered by the Supreme Court upon failure of the 3 commission to act shall be published by the elections officer 4 once in at least one newspaper of general circulation in each 5 congressional district. The publication shall contain a map of 6 the Commonwealth showing the complete reapportionment of the 7 congressional districts, and a map showing the reapportioned 8 districts in the area normally served by the newspaper in which 9 the publication is made. The publication shall also state the 10 population of the congressional districts having the smallest 11 and largest population and the percentage variation of such 12 districts from the average population for congressional 13 districts. 14 (o) In the event an entirely new senatorial district or 15 districts are formed and such district or districts would not 16 normally be electing a member of the Senate in the following 17 general election, said district or districts shall initially 18 elect a senator for a term of two years in said general 19 election. Such district or districts shall thereafter elect a 20 senator for a term of four years. No member of the Senate shall 21 continue to serve in office after another member of the Senate 22 begins the term of service on the first day of December next 23 after the election representing the district or districts. 24 (p) (1) Congressional districts shall each have a 25 population as nearly equal as practicable. 26 (2) Legislative districts shall be established on the 27 basis of population. In no case shall the deviation of the 28 overall range of population of the most populous district 29 from the least populous district be greater than 8% of the 30 average district population for each House. 20080H2734B4238 - 9 -
1 (q) Any citizen of the Commonwealth may submit a plan or 2 plans for any or all districts of the General Assembly to the 3 Reapportionment Commission. 4 Section 2. (a) Upon the first passage by the General 5 Assembly of these proposed constitutional amendments, the 6 Secretary of the Commonwealth shall proceed immediately to 7 comply with the advertising requirements of section 1 of Article 8 XI of the Constitution of Pennsylvania and shall transmit the 9 required advertisements to two newspapers in every county in 10 which such newspapers are published in sufficient time after 11 passage of these proposed constitutional amendments. 12 (b) Upon the second passage by the General Assembly of these 13 proposed constitutional amendments, the Secretary of the 14 Commonwealth shall proceed immediately to comply with the 15 advertising requirements of section 1 of Article XI of the 16 Constitution of Pennsylvania and shall transmit the required 17 advertisements to two newspapers in every county in which such 18 newspapers are published in sufficient time after passage of 19 these proposed constitutional amendments. The Secretary of the 20 Commonwealth shall: 21 (1) Submit the proposed constitutional amendments under 22 section 1 to the qualified electors of this Commonwealth as a 23 single ballot question at the first primary, general or 24 municipal election which meets the requirements of and is in 25 conformance with section 1 of Article XI of the Constitution 26 of Pennsylvania and which occurs at least three months after 27 the proposed constitutional amendments are passed by the 28 General Assembly. 29 (2) Submit the proposed constitutional amendments under 30 section 1 to the qualified electors of this Commonwealth as 20080H2734B4238 - 10 -
1 separate ballot questions at the first primary, general or 2 municipal election which meets the requirements of and is in 3 conformance with section 1 of Article XI of the Constitution 4 of Pennsylvania and which occurs at least three months after 5 the proposed constitutional amendments are passed by the 6 General Assembly. G30L83DMS/20080H2734B4238 - 11 -