1Proposing an amendment to the Constitution of the Commonwealth
2of Pennsylvania, providing for a Legislative and
3Congressional Reapportionment Bureau for the purpose of
4reapportioning and redistricting the Commonwealth of
5Pennsylvania.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby resolves as follows:

8Section 1. The following amendment to the Constitution of
9Pennsylvania is proposed in accordance with Article XI:

10That section 17 of Article II be amended to read:

11§ 17. Legislative [Reapportionment Commission] and 
12Congressional Reapportionment Bureau.

13(a) In each year following the year of the Federal decennial
14census, a Legislative [Reapportionment Commission] and 
15Congressional Reapportionment Bureau shall be constituted for
16the purpose of reapportioning the Commonwealth. The bureau shall 
17consist of a director and employees as are necessary to carry 
18out the responsibilities of reapportionment and redistricting.

1[The commission shall act by a majority of its entire
2membership.

3(b) The commission shall consist of five members: four of
4whom shall be the majority and minority leaders of both the
5Senate and the House of Representatives, or deputies appointed
6by each of them, and a chairman selected as hereinafter
7provided. No later than 60 days following the official reporting
8of the Federal decennial census as required by Federal law, the
9four members shall be certified by the President pro tempore of
10the Senate and the Speaker of the House of Representatives to
11the elections officer of the Commonwealth who under law shall
12have supervision over elections.

13The four members within 45 days after their certification
14shall select the fifth member, who shall serve as chairman of
15the commission, and shall immediately certify his name to such
16elections officer. The chairman shall be a citizen of the
17Commonwealth other than a local, State or Federal official
18holding an office to which compensation is attached.

19If the four members fail to select the fifth member within
20the time prescribed, a majority of the entire membership of the
21Supreme Court within 30 days thereafter shall appoint the
22chairman as aforesaid and certify his appointment to such
23elections officer.

24Any vacancy in the commission shall be filled within 15 days
25in the same manner in which such position was originally filled.

26(c) No later than 90 days after either the commission has
27been duly certified or the population data for the Commonwealth
28as determined by the Federal decennial census are available,
29whichever is later in time, the commission shall file a
30preliminary reapportionment plan with such elections officer.

1The commission shall have 30 days after filing the
2preliminary plan to make corrections in the plan.

3Any person aggrieved by the preliminary plan shall have the
4same 30-day period to file exceptions with the commission in
5which case the commission shall have 30 days after the date the
6exceptions were filed to prepare and file with such elections
7officer a revised reapportionment plan. If no exceptions are
8filed within 30 days, or if filed and acted upon, the
9commissions's plan shall be final and have the force of law.

10(d) Any aggrieved person may file an appeal from the final
11plan directly to the Supreme Court within 30 days after the
12filing thereof. If the appellant establishes that the final plan
13is contrary to law, the Supreme Court shall issue an order
14remanding the plan to the commission and directing the
15commission to reapportion the Commonwealth in a manner not
16inconsistent with such order.

17(e) When the Supreme Court has finally decided an appeal or
18when the last day for filing an appeal has passed with no appeal
19taken, the reapportionment plan shall have the force of law and
20the districts therein provided shall be used thereafter in
21elections to the General Assembly until the next reapportionment
22as required under this section 17.]

23(b) (1) The bureau shall acquire appropriate information,
24review and evaluate available facilities and develop programs
25and procedures, which may include the use of mapping software,
26in preparation for drawing congressional and legislative
27redistricting plans on the basis of each Federal census.

28(2) By December 31 of each year ending in zero, the bureau
29shall obtain from the United States Census Bureau information
30regarding geographic and political units in this Commonwealth

1for which Federal census population data has been gathered and
2will be tabulated. The bureau shall use the data obtained to
3prepare:

4(i) Necessary descriptions of geographic and political units
5for which census data will be reported and which are suitable
6for use as components of legislative districts.

7(ii) Maps of counties, cities and other geographic units
8within this Commonwealth, which may be used to illustrate the
9locations of legislative district boundaries proposed in plans
10drawn in accordance with subsection (d).

11(3) As soon as possible after January 1 of each year ending 
12in one, the bureau shall obtain from the United States Census 
13Bureau the population data needed for legislative districting 
14that the Census Bureau is required to provide the Commonwealth 
15under 13 U.S.C. § 141 (relating to population and other census 
16information) and shall use that data to assign a population 
17figure based upon census data to each geographic or political 
18unit described pursuant to paragraph (2)(i). Upon completing 
19that task, the bureau shall begin the preparation of 
20congressional and legislative districting plans as required by 
21subsection (c).

22(c) (1) Not later than April 1 of each year ending in one,
23the bureau shall deliver to the Secretary of the Senate and the
24Chief Clerk of the House of Representatives identical bills
25embodying a plan of legislative and congressional districting
26prepared in accordance with subsection (d). It is the intent of
27this section that the General Assembly shall bring the bill to a
28vote in either the Senate or the House of Representatives
29expeditiously, but not less than seven days after the report of
30the commission required by subsection (f) is received and made

1available to the members of the General Assembly, under a
2procedure or rule permitting no amendments except those of a
3purely corrective nature. It is further the intent of this
4section that, if the bill is approved by the first House in
5which it is considered, it shall expeditiously be brought to a
6vote in the second House under a similar procedure or rule.

7(2) If the bill embodying the plan submitted by the bureau
8under paragraph (1) fails to be approved by a constitutional
9majority in either the Senate or the House of Representatives,
10the Secretary of the Senate or the Chief Clerk of the House of
11Representatives, as the case may be, shall at once transmit to
12the bureau information which the Senate or House of
13Representatives may direct regarding reasons why the plan was
14not approved. The bureau shall prepare a bill embodying a second
15plan of legislative and congressional districting prepared in
16accordance with subsection (d), taking into account the reasons
17cited by the Senate or House of Representatives for its failure
18to approve the plan insofar as it is possible to do so within
19the requirements of subsection (d). If a second plan is required
20under this subsection, the bill embodying it shall be delivered
21to the Secretary of the Senate and the Chief Clerk of the House
22of Representatives not later than May 1 of the year ending in
23one or 14 days after the date of the vote by which the Senate or
24the House of Representatives failed to approve the bill
25submitted under paragraph (1), whichever date is later. It is
26the intent of this section that, if it is necessary to submit a
27bill under this subsection, the bill be brought to a vote not
28less than seven days after the bill is printed and made
29available to the members of the General Assembly, in the same
30manner as prescribed for the bill required under paragraph (1).

1(3) If the bill embodying the plan submitted by the bureau
2under paragraph (2) fails to be approved by a constitutional
3majority in either the Senate or the House of Representatives,
4the same procedure as prescribed by paragraph (2) shall be
5followed. If a third plan is required under this subsection, the
6bill embodying it shall be delivered to the Secretary of the
7Senate and the Chief Clerk of the House of Representatives not
8later than June 1 of the year ending in one or 14 days after the
9date of the vote by which the Senate or the House of
10Representatives failed to approve the bill submitted under
11paragraph (2), whichever date is later. It is the intent of this
12section that if it is necessary to submit a bill under this
13subsection, the bill be brought to a vote within the same time
14period after its delivery to the Secretary of the Senate and the
15Chief Clerk of the House of Representatives as is prescribed for
16the bill submitted under paragraph (2), but shall be subject to
17amendment in the same manner as other bills.

18(4) Notwithstanding paragraphs (1), (2) and (3):

19(i) If population data from the Federal census which is
20sufficient to permit preparation of a congressional districting
21plan becomes available at an earlier time than the population
22data needed to permit preparation of a legislative districting
23plan in accordance with subsection (d), the bureau shall so
24inform the presiding officers of the Senate and the House of
25Representatives. If the presiding officers so direct, the bureau
26shall prepare a separate bill establishing congressional
27districts and submit it separately from the bill establishing
28legislative districts. It is the intent of this section that the
29General Assembly proceed to consider the congressional
30districting bill in substantially the manner prescribed by

1paragraphs (1), (2) and (3).

2(ii) If the population data for legislative districting 
3which the United States Census Bureau is required to provide 
4this Commonwealth under 13 U.S.C. § 141 is not available to the 
5Legislative and Congressional Reapportionment Bureau on or 
6before February 1 of the year ending in one, the dates set forth 
7in this section shall be extended by a number of days equal to 
8the number of days after February 1 of the year ending in one 
9that the Federal census population data for legislative 
10districting becomes available.

11(d) (1) Legislative and congressional districts shall be
12established on the basis of population.

13(i) Senatorial and representative districts, respectively,
14shall each have a population as nearly equal as practicable to
15the ideal population for such districts, determined by dividing
16the number of districts to be established into the population of
17this Commonwealth reported in the Federal decennial census.
18Senatorial districts and representative districts shall not vary
19in population from the respective ideal district populations
20except as necessary to comply with one of the other standards
21enumerated in this section. In no case shall the quotient,
22obtained by dividing the total of the absolute values of the
23deviations of all district populations from the applicable ideal
24district population by the number of districts established,
25exceed 2.5% of the applicable ideal district population. No
26senatorial district shall have a population which exceeds that
27of any other senatorial district by more than 5%, and no
28representative district shall have a population which exceeds
29that of any other representative district by more than 5%.

30(ii) Congressional districts shall each have a population as

1nearly equal as practicable to the ideal district population,
2derived as prescribed in subparagraph (i). No congressional
3district shall have a population which varies by more than 2.5%
4from the applicable ideal district population.

5(iii) If a challenge is filed with the Supreme Court
6alleging excessive population variance among districts
7established in a plan adopted by the General Assembly, the
8General Assembly has the burden of justifying any variance in
9excess of 2.5% between the population of a district and the
10applicable ideal district population.

11(2) To the extent consistent with paragraph (1), district
12boundaries shall coincide with the boundaries of political
13subdivisions of this Commonwealth. The number of counties and
14cities divided among more than one district shall be as small as
15possible. When there is a choice between dividing local
16political subdivisions, the more populous subdivisions shall be
17divided before the less populous, but this statement does not
18apply to a legislative district boundary drawn along a county
19line which passes through a city that lies in more than one
20county.

21(3) Districts shall be composed of convenient contiguous
22territory. Areas which meet only at the points of adjoining
23corners are not contiguous.

24(4) It is preferable that districts be compact in form, but
25the standards established by paragraphs (1), (2) and (3) take
26precedence over compactness where a conflict arises between
27compactness and these standards. In general, compact districts
28are those which are square, rectangular or hexagonal in shape to
29the extent permitted by natural or political boundaries.

30(5) Districts should represent communities of interest as

1reflected by common economic patterns of production and
2consumption, school district boundaries, cultural activities,
3self-identification, media coverage and other relevant
4demographic information.

5(6) However, no district shall be drawn for the purpose of
6favoring a political party, incumbent legislator or member of
7Congress or other person or group. In establishing districts, no
8use shall be made of any of the following data:

9(i) Addresses of incumbent legislators or members of
10Congress.

11(ii) Political affiliations of registered voters.

12(iii) Previous election results.

13(7) Each bill embodying a plan drawn under this section 
14shall provide that any vacancy in the General Assembly which is 
15filled in the year ending in one, occurring at a time which 
16makes it necessary to fill the vacancy at a special election 
17held under section 629 of the act of June 3, 1937 (P.L.1333, 
18No.320), known as the Pennsylvania Election Code, shall be 
19filled from the same district which elected the senator or 
20representative whose seat is vacant.

21(8) Each bill embodying a plan drawn under this section
22shall include provisions for election of senators to the General
23Assemblies which take office in the years ending in three and
24five, which shall be in conformity with section 16 of this
25article.

26(e) (1) Not later than February 15 of each year ending in
27one, a five-member temporary redistricting advisory commission
28shall be established as provided by this section. The
29commission's only functions shall be those prescribed by
30subsection (f).

1(i) Each of the four selecting authorities shall certify to
2the chief election officer his appointment of a person to serve
3on the commission. The certifications may be made at any time
4after the four selecting authorities have been selected for the
5General Assembly to take office in the year ending in one, even
6though the terms of office of the selecting authorities have not
7actually begun.

8(ii) Within 30 days after the four selecting authorities
9have certified their respective appointments to the commission,
10but in no event later than February 15 of the year ending in
11one, the four commission members so appointed shall select, by a
12vote of at least three members, and certify to the chief
13election officer the fifth commission member who shall serve as
14chairperson.

15(iii) A vacancy on the commission shall be filled by the
16initial selecting authority within 15 days after the vacancy
17occurs.

18(iv) Members of the commission shall receive per diem travel
19expenses and reimbursement for other necessary expenses incurred
20in performing their duties under this section.

21(2) No person shall be appointed to the commission who:

22(i) Is not an eligible elector of this Commonwealth at the
23time of selection.

24(ii) Holds partisan public office or political party office.

25(iii) Is a relative of or is employed by a member of the
26General Assembly or of Congress or is employed directly by the
27General Assembly or by Congress.

28(f) The functions of the commission shall be as follows:

29(1) If, in preparation of plans as required by this section,
30the bureau is confronted with the necessity to make any decision

1for which no clearly applicable guideline is provided by
2subsection (d), the bureau may submit a written request for
3direction to the commission.

4(2) Prior to delivering any plan and the bill embodying that
5plan to the Secretary of the Senate and the Chief Clerk of the
6House of Representatives in accordance with subsection (c), the
7bureau shall provide to persons outside the bureau staff only
8such information regarding the plan as may be required by
9policies agreed upon by the commission. This paragraph does not
10apply to population data furnished to the bureau by the United
11States Census Bureau.

12(3) Upon each delivery by the bureau to the General Assembly
13of a bill embodying a plan, pursuant to subsection (c), the
14commission shall at the earliest feasible time make available to
15the public the following information:

16(i) Copies of the bill delivered by the bureau to the
17General Assembly.

18(ii) Maps illustrating the plan.

19(iii) A summary of the standards prescribed by subsection
20(d) for development of the plan.

21(iv) A statement of the population of each district included
22in the plan and the relative deviation of each district
23population from the ideal district population.

24(4) Upon the delivery by the bureau to the General Assembly
25of a bill embodying an initial plan, as required by subsection
26(c)(1), the commission shall:

27(i) As expeditiously as reasonably possible, schedule and
28conduct at least three public hearings, in different geographic
29regions of this Commonwealth, on the plan embodied in the bill
30delivered by the bureau to the General Assembly.

1(ii) Following the hearings, promptly prepare and submit to
2the Secretary of the Senate and the Chief Clerk of the House of
3Representatives a report summarizing information and testimony
4received by the commission in the course of the hearings. The
5commission's report shall include any comments and conclusions
6which its members deem appropriate on the information and
7testimony received at the hearings or otherwise presented to the
8commission.

9[(f)] (g) Any district which does not include the residence
10from which a member of the Senate was elected whether or not
11scheduled for election at the next general election shall elect
12a Senator at such election.

13[(g) The General Assembly shall appropriate sufficient funds
14for the compensation and expenses of members and staff appointed
15by the commission, and other necessary expenses. The members of
16the commission shall be entitled to such compensation for their
17services as the General Assembly from time to time shall
18determine, but no part thereof shall be paid until a preliminary
19plan is filed. If a preliminary plan is filed but the commission
20fails to file a revised or final plan within the time
21prescribed, the commission members shall forfeit all right to
22compensation not paid.

23(h) If a preliminary, revised or final reapportionment plan
24is not filed by the commission within the time prescribed by
25this section, unless the time be extended by the Supreme Court
26for cause shown, the Supreme Court shall immediately proceed on
27its own motion to reapportion the Commonwealth.

28(i) Any reapportionment plan filed by the commission, or
29ordered or prepared by the Supreme Court upon the failure of the
30commission to act, shall be published by the elections officer

1once in at least one newspaper of general circulation in each
2senatorial and representative district. The publication shall
3contain a map of the Commonwealth showing the complete
4reapportionment of the General Assembly by districts, and a map
5showing the reapportionment districts in the area normally
6served by the newspaper in which the publication is made. The
7publication shall also state the population of the senatorial
8and representative districts having the smallest and largest
9population and the percentage variation of such districts from
10the average population for senatorial and representative
11districts.]

12(h) All positions in the bureau shall be deemed to be 
13included in the list of positions set forth in section 3(d) of 
14the act of August 5, 1941 (P.L.752, No.286), known as the Civil 
15Service Act, and the provisions and benefits of the act shall be 
16applicable to the employees of and positions in the bureau.

17(i) The bureau shall expire and its responsibilities shall
18terminate not later than November 1 of each year ending in one
19and shall be reconstituted on November 1 in the year of the next
20Federal decennial census.

21(j) The following words and phrases when used in this
22section shall have the meanings given to them in this subsection
23unless the context clearly indicates otherwise:

24"Bureau." The Legislative and Congressional Reapportionment 
25Bureau.

26"Chief election officer." The Secretary of the Commonwealth 
27or a designee.

28"Commission." The temporary redistricting advisory 
29commission established under this section.

30"Federal census." The decennial census required by Federal 

1law to be conducted by the United States Census Bureau in every 
2year ending in zero.

3"Four selecting authorities."

4(1) The Majority Leader of the Senate.

5(2) The Minority Leader of the Senate.

6(3) The Majority Leader of the House of Representatives.

7(4) The Minority Leader of the House of Representatives.

8"Partisan public office."

9(1) An elective or appointive office in the executive or
10legislative branch or in an independent establishment of the
11Federal Government.

12(2) An elective office in the executive or legislative
13branch of the government of this Commonwealth or an office which
14is filled by appointment.

15(3) An office of a county, city or other political
16subdivision of this Commonwealth which is filled by an election
17process involving nomination and election of candidates on a
18partisan basis.

19"Plan." A plan for legislative and congressional 
20reapportionment drawn under the requirements of this section.

21"Political party office." An elective office in the national 
22or State organization of a political party.

23"Relative." An individual who is related to the person in 
24question as father, mother, son, daughter, brother, sister, 
25uncle, aunt, first cousin, nephew, niece, husband, wife, 
26grandfather, grandmother, father-in-law, mother-in-law, son-in-
27law, daughter-in-law, brother-in-law, sister-in-law, stepfather, 
28stepmother, stepson, stepdaughter, stepbrother, stepsister, half 
29brother or half sister.

30Section 2. (a) Upon the first passage by the General

1Assembly of this proposed constitutional amendment, the
2Secretary of the Commonwealth shall proceed immediately to
3comply with the advertising requirements of section 1 of Article
4XI of the Constitution of Pennsylvania and shall transmit the
5required advertisements to two newspapers in every county in
6which such newspapers are published in sufficient time after
7passage of this proposed constitutional amendment.

8(b) Upon the second passage by the General Assembly of this
9proposed constitutional amendment, the Secretary of the
10Commonwealth shall proceed immediately to comply with the
11advertising requirements of section 1 of Article XI of the
12Constitution of Pennsylvania and shall transmit the required
13advertisements to two newspapers in every county in which such
14newspapers are published in sufficient time after passage of
15this proposed constitutional amendment. The Secretary of the
16Commonwealth shall submit this proposed constitutional amendment
17to the qualified electors of this Commonwealth at the first
18primary, general or municipal election which meets the
19requirements of and is in conformance with section 1 of Article
20XI of the Constitution of Pennsylvania and which occurs at least
21three months after the proposed constitutional amendment is
22passed by the General Assembly.