THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DRUCKER, JOSEPHS, McILVAINE SMITH, SANTARSIERO, FREEMAN, SIPTROTH, MIRABITO, GIBBONS, M. SMITH, HARHAI, SWANGER, MANDERINO, HORNAMAN, BROWN, BRADFORD, DePASQUALE, CALTAGIRONE, CONKLIN AND PAYTON, SEPTEMBER 25, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 25, 2009  

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, further providing for a Legislative

Reapportionment Commission to designate legislative districts

for the General Assembly within this Commonwealth.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That section 17 of Article II be amended to read:

§ 17.  [Legislative] Reapportionment Commission.

[(a)  In each year following the year of the Federal

decennial census, a Legislative Reapportionment Commission shall

be constituted for the purpose of reapportioning the

Commonwealth. The commission shall act by a majority of its

entire membership.

(b)  The commission shall consist of five members: four of

whom shall be the majority and minority leaders of both the

Senate and the House of Representatives, or deputies appointed

by each of them, and a chairman selected as hereinafter

provided. No later than 60 days following the official reporting

of the Federal decennial census as required by Federal law, the

four members shall be certified by the President pro tempore of

the Senate and the Speaker of the House of Representatives to

the elections officer of the Commonwealth who under law shall

have supervision over elections.

The four members within 45 days after their certification

shall select the fifth member, who shall serve as chairman of

the commission, and shall immediately certify his name to such

elections officer. The chairman shall be a citizen of the

Commonwealth other than a local, State or Federal official

holding an office to which compensation is attached.

If the four members fail to select the fifth member within

the time prescribed, a majority of the entire membership of the

Supreme Court within 30 days thereafter shall appoint the

chairman as aforesaid and certify his appointment to such

elections officer.

Any vacancy in the commission shall be filled within 15 days

in the same manner in which such position was originally filled.

(c)  No later than 90 days after either the commission has

been duly certified or the population data for the Commonwealth

as determined by the Federal decennial census are available,

whichever is later in time, the commission shall file a

preliminary reapportionment plan with such elections officer.

The commission shall have 30 days after filing the

preliminary plan to make corrections in the plan.

Any person aggrieved by the preliminary plan shall have the

same 30-day period to file exceptions with the commission in

which case the commission shall have 30 days after the date the

exceptions were filed to prepare and file with such elections

officer a revised reapportionment plan. If no exceptions are

filed within 30 days, or if filed and acted upon, the

commission's plan shall be final and have the force of law.

(d)  Any aggrieved person may file an appeal from the final

plan directly to the Supreme Court within 30 days after the

filing thereof. If the appellant establishes that the final plan

is contrary to law, the Supreme Court shall issue an order

remanding the plan to the commission and directing the

commission to reapportion the Commonwealth in a manner not

inconsistent with such order.

(e)  When the Supreme Court has finally decided an appeal or

when the last day for filing an appeal has passed with no appeal

taken, the reapportionment plan shall have the force of law and

the districts therein provided shall be used thereafter in

elections to the General Assembly until the next reapportionment

as required under this section 17.

(f)  Any district which does not include the residence from

which a member of the Senate was elected whether or not

scheduled for election at the next general election shall elect

a Senator at such election.

(g)  The General Assembly shall appropriate sufficient funds

for the compensation and expenses of members and staff appointed

by the commission, and other necessary expenses. The members of

the commission shall be entitled to such compensation for their

services as the General Assembly from time to time shall

determine, but no part thereof shall be paid until a preliminary

plan is filed. If a preliminary plan is filed but the commission

fails to file a revised or final plan within the time

prescribed, the commission members shall forfeit all right to

compensation not paid.

(h)  If a preliminary, revised or final reapportionment plan

is not filed by the commission within the time prescribed by

this section, unless the time be extended by the Supreme Court

for cause shown, the Supreme Court shall immediately proceed on

its own motion to reapportion the Commonwealth.

(i)  Any reapportionment plan filed by the commission, or

ordered or prepared by the Supreme Court upon the failure of the

commission to act, shall be published by the elections officer

once in at least one newspaper of general circulation in each

senatorial and representative district. The publication shall

contain a map of the Commonwealth showing the complete

reapportionment of the General Assembly by districts, and a map

showing the reapportionment districts in the area normally

served by the newspaper in which the publication is made. The

publication shall also state the population of the senatorial

and representative districts having the smallest and largest

population and the percentage variation of such districts from

the average population for senatorial and representative

districts.]

(a)  In each year following the Federal decennial census, a

Reapportionment Commission shall be constituted for the purpose

of reapportioning the districts of the Senate and the House of

Representatives of the General Assembly and the districts

apportioned to the Commonwealth in the House of Representatives

of the Congress of the United States. Unless otherwise directed

by court order, legislative and congressional reapportionment

shall only be permitted once in the decade following the Federal

decennial census.

(b)  The commission shall consist of nine members: eight of

whom shall be the majority and minority leaders and whips of

both the Senate and the House of Representatives or deputies

appointed by each of them. The Supreme Court shall appoint one

member who shall serve as chairman and who shall be a registered

voter within the Commonwealth for at least two years prior to

appointment. The chairman shall not hold an office of Federal,

State or local government to which compensation is attached at

the time of his appointment. The chairman shall not have held a

position within a political party for at least ten years prior

to appointment. No later than 40 days following the official

reporting of the Federal decennial census as required by Federal

law, the legislator members of the commission shall be certified

by the President pro tempore of the Senate and the Speaker of

the House of Representatives to the elections officer of the

Commonwealth, who, under law, shall have supervision over

elections. The Supreme Court shall appoint the chairman of the

commission during the same 40-day period and shall certify the

appointment to the elections officer of the Commonwealth. Any

vacancy in the commission shall be filled within ten days in the

same manner in which such position was originally filled.

(c)  The commission may not divide any voting precinct that

forms a single polygon in drafting any reapportionment plan. The

commission may not divide any county, city, township, borough or

incorporated town unless absolutely necessary. In finding that a

division is necessary, the commission must file said findings in

an addendum to each plan adopted by the commission. The

appropriate addendum must be submitted to the General Assembly

and the Supreme Court along with each reapportionment plan under

the provisions of this section. The commission shall adopt a

standard measurement defining compactness for the districts in

each plan. No district in any plan will be drafted by the

commission with a compactness measurement of less than 15% of

the total ideal measurement for a district.

(d)  No later than 40 days after either the commission has

been duly certified or usable population data for the

Commonwealth is available, whichever is later in time, the

commission shall file a preliminary reapportionment plan for the

General Assembly with such elections officer. A public comment

period of 20 days shall commence with the filing of the

preliminary plan.

(e)  The commission shall have 20 days after the date of the

expiration of the public comment period to prepare and adopt a

revised reapportionment plan for both Houses of the General

Assembly. The revised reapportionment plan shall be adopted and

submitted to the General Assembly upon a vote of at least six

members of the commission for approval. The General Assembly

shall vote to approve or reject the plan without amendment

within 20 days from the date of submission. Upon approval of the

plan, the presiding officer of each House shall, in the presence

of the House over which he presides, sign the reapportionment

plan after its title has been read publicly immediately before

signing. The fact of the signing shall be entered on the journal

and the plan shall be filed with the chief elections officer of

the Commonwealth.

(f)  If the revised reapportionment plan submitted by the

commission is not approved by both Houses of the General

Assembly within 20 days of submission, the commission shall

adopt a final reapportionment plan. In the event that the

revised reapportionment plan is rejected by either House of the

General Assembly, it shall be returned to the commission by the

presiding officer with a communication that the plan was

rejected. An additional 20-day public comment period shall

commence from the date of the rejection. The commission will

have a succeeding 20 days after the public comment period to

adopt a final plan upon approval of at least seven members. The

final plan shall be submitted to both Houses of the General

Assembly for approval. The General Assembly shall vote to

approve or reject the plan without amendment within 20 days from

the date of submission. Upon approval of the plan, the presiding

officer of each House shall, in the presence of the House over

which he presides, sign the reapportionment plan after its title

has been read publicly immediately before signing. The fact of

the signing shall be entered on the journal and the plan shall

then be filed with the chief elections officer of the

Commonwealth.

(g)  Any aggrieved person may file an appeal from the final

plan directly to the Supreme Court within 20 days after the

filing of the final plan. If the appellant establishes that the

final plan is contrary to law, the Supreme Court shall issue an

order remanding the plan to the commission and directing the

commission to reapportion the Commonwealth in a manner not

inconsistent with such order.

(h)  If the final reapportionment plan submitted by the

commission is not approved by both Houses of the General

Assembly within 20 days, the reapportionment commission shall

then submit both the revised and final reapportionment plans to

the Supreme Court within five days.

(i)  The Supreme Court shall have 20 days to adopt either the

revised reapportionment plan or the final reapportionment plan

as the plan to be utilized thereafter in elections to the

General Assembly until the next reapportionment as required

under this section. If the Supreme Court finds that both plans

are contrary to law, it shall issue an order remanding the plan

to the commission and directing the commission to reapportion

the Commonwealth in a manner not inconsistent with such order.

The commission shall then have 20 days to submit the

reapportionment plan to the Supreme Court.

(j)  The General Assembly shall appropriate sufficient funds

for the compensation and expenses of members and staff appointed

by the commission and other necessary expenses. The members of

the commission who are not members of the General Assembly shall

be entitled to such compensation for their services as the

General Assembly from time to time shall determine, but no part

thereof shall be paid until a preliminary legislative

reapportionment plan is filed. If a preliminary plan is filed

but the commission fails to file a revised or a final plan

within the time prescribed, the commission members shall forfeit

all right to compensation not paid.

(k)  If a preliminary, revised or final legislative

reapportionment plan is not filed by the commission within the

time prescribed by this section, unless the time be extended by

the Supreme Court for cause shown, the Supreme Court shall

immediately proceed on its own motion to reapportion the

Commonwealth.

(l)  Any reapportionment plan filed by the commission, or

ordered by the Supreme Court upon failure of the commission to

act, shall be published by the elections officer once in at

least one newspaper of general circulation in each senatorial

and representative district. The publication shall contain a map

of the Commonwealth showing the complete reapportionment of the

General Assembly by districts and a map showing the

reapportioned districts in the area normally served by the

newspaper in which the publication is made. The publication

shall also state the population of the senatorial and

representative districts having the smallest and largest

population and the percentage variation of such districts from

the average population for senatorial and representative

districts.

(m)  Concurrent to the date the commission adopts a final

legislative reapportionment plan, the commission shall file a

preliminary reapportionment plan for Representatives in the

Congress of the United States with the chief elections officer

of the Commonwealth. A public comment period of 20 days shall

commence with the filing of the preliminary congressional plan.

(n)  The commission shall have 14 days after the date of the

expiration of the public comment period to prepare and adopt a

revised reapportionment plan for Representatives in the Congress

of the United States. The revised reapportionment plan shall be

adopted and submitted to the General Assembly upon a vote of at

least six members of the commission for approval. The General

Assembly shall vote to approve or reject the plan without

amendment within ten days from the date of submission. Upon

approval of the plan, the presiding officer of each House shall,

in the presence of the House over which he presides, sign the

reapportionment plan after its title has been read publicly

immediately before signing and the fact of the signing shall be

entered on the journal. The plan shall then be filed with the

chief elections officer of the Commonwealth.

(o)  In the event that the revised reapportionment plan is

rejected by either House of the General Assembly, it shall be

returned to the commission by the presiding officer with a

communication that the plan was rejected. An additional 14-day

public comment period shall commence from the date of the

rejection of the revised plan. The commission will have a

succeeding 14 days after the public comment period to adopt a

final plan upon approval of at least seven members. The final

plan shall be submitted to both Houses of the General Assembly

for approval. The General Assembly shall vote to approve or

reject the plan without amendment within ten days from the date

of submission. Upon approval of the plan, the presiding officer

of each House shall, in the presence of the House over which he

presides, sign the reapportionment plan after its title has been

read publicly immediately before signing, and the fact of the

signing shall be entered on the journal. The plan shall then be

filed with the chief elections officer of the Commonwealth.

(p)  Any aggrieved person may file an appeal from the final

plan directly to the Supreme Court within 20 days after the

filing thereof. If the appellant establishes that the final plan

is contrary to law, the Supreme Court shall issue an order

remanding the plan to the commission and directing the

commission to reapportion the Commonwealth in a manner not

inconsistent with such order.

(q)  If the final reapportionment plan submitted by the

commission is not approved by both Houses of the General

Assembly within ten days, the reapportionment commission shall

then submit both the revised and final reapportionment plans to

the Supreme Court within five days.

(r)  If an entirely new senatorial district is formed and if

it would not normally be electing a member of the Senate in the

following general election, the district shall initially elect a

Senator for a term of two years in the general election. The

district shall thereafter elect a senator for a term of four

years. No member of the Senate shall continue to serve in office

after another member of the Senate begins that Senator's term of

service on the first day of December after the election

representing the district.

(s)  Population requirements are as follows:

(1)  Congressional districts shall each have a population as

nearly equal as practicable.

(2)  Legislative districts shall be established on the basis

of population. In no case shall the deviation of the overall

range of population of the most populous district from the least

populous district be greater than 8% of the average district

population for each House.

(t)  The Supreme Court shall have 20 days to adopt either the

revised congressional reapportionment plan or the final

congressional reapportionment plan as the plan to be utilized

thereafter in elections to the Congress of the United States

until the next reapportionment as required under this section.

If the Supreme Court finds that both plans are contrary to law,

it shall issue an order remanding the plan to the commission and

directing the commission to reapportion the Commonwealth in a

manner not inconsistent with such order. The commission shall

then have ten days to submit the reapportionment plan to the

Supreme Court.

(u)  If a preliminary, revised or final congressional

reapportionment plan is not filed by the commission within the

time prescribed by this section, unless the time be extended by

the Supreme Court for cause shown, the Supreme Court shall

immediately proceed on its own motion to reapportion the

congressional districts of the Commonwealth.

(v)  Any congressional reapportionment plan filed by the

commission, or ordered by the Supreme Court upon failure of the

commission to act, shall be published by the elections officer

once in at least one newspaper of general circulation in each

congressional district. The publication shall contain a map of

the Commonwealth showing the complete reapportionment of the

congressional districts and a map showing the reapportioned

districts in the area normally served by the newspaper in which

the publication is made. The publication shall also state the

populations of the congressional districts having the smallest

and largest populations and the percentage variation of such

districts from the average population for congressional

districts.

(w)  Nothing contained in this section shall preclude the

General Assembly from enacting legislation that further defines

the provisions of this section or provides for additional

requirements or restrictions for legislative or congressional

reapportionment.

(x)  The commission shall establish an Internet website for

the purpose of the dissemination of information. The information

contained on the website shall include:

(1)  All statistical and geographic data utilized in drawing

plans, including maps.

(2)  The preliminary and final plan.

(3)  Citizen plans submitted to the commission.

(4)  Notice of public hearings held by the commission.

(5)  Notice of meetings of the commission.

(6)  Transcripts of testimony presented at public hearings

held by the commission.

(7)  Official minutes of meetings of the commission.

(8)  Contact information for the commission and its members,

including work mailing addresses, telephone and facsimile

numbers and e-mail addresses, if available.

The commission shall also use the Internet website to facilitate

Commonwealth residents in using redistricting software to

develop redistricting plans.

Section 2.  (a)  Upon the first passage by the General

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

(b)  Upon the second passage by the General Assembly of this

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.