AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," in election districts and polling places,
12providing for court to create new election districts, for
13petitions for new election districts, reference to county
14board of elections and report, for petitions by county board
15and action by court on petition or report, for wards in
16cities of the first class may be created, divided, realigned
17or consolidated, for definitions, for restrictions on 
18alteration, for alterations after period of restriction and 
19for reports; providing for Official Municipal, Ward, Division
20and Precinct Boundary Database and for Official Voter
21Registration and Election Results Database; imposing a duty
22on counties; imposing duties on the Secretary of the
23Commonwealth; and providing for population data for
24congressional redistricting.

25The General Assembly of the Commonwealth of Pennsylvania
26hereby enacts as follows:

27Section 1. Sections 502, 503, 504 and 532 heading and (a) of
28the act of June 3, 1937 (P.L.1333, No.320), known as the

1Pennsylvania Election Code, amended December 9, 2002 (P.L.1246,
2No.150), are amended to read:

3Section 502. Court to Create New Election Districts.--
4Subject to the provisions of section 501 of this act, the court
5of common pleas of the county in which the same are located, may
6form or create new election districts by dividing or redividing
7any borough, township, ward or election district into two or
8more election districts of compact and contiguous territory,
9having boundaries [with clearly visible physical features]
10conforming with census block lines from the most recently
11completed Federal decennial census and wholly contained within
12any larger district from which any Federal, State, county,
13municipal or school district officers are elected, or alter the
14bounds of any election district, or form an election district
15out of two or more adjacent districts or parts of districts, or
16consolidate adjoining election districts or form an election
17district out of two or more adjacent wards, so as to suit the
18convenience of the electors and to promote the public interests.
19Except for good cause shown, election districts so formed shall
20not contain more than one thousand two hundred (1,200)
21registered electors. No election district shall be formed that
22shall contain less than one hundred (100) registered electors.
23When a school district crosses county lines, the regions of the
24school district shall be composed of contiguous election
25districts.

26Section 503. Petitions for New Election Districts; Reference
27to County Board of Elections; Report.--Upon the petition of
28twenty registered electors of any township, borough, ward or
29election district, to the court of the proper county, praying
30for the division or redivision of such township, borough, ward

1or election district into two or more election districts, or for
2the alteration of the bounds of any election district, or for
3the formation of one or more election districts out of two or
4more existing election districts, or parts thereof, or for the
5consolidation of adjoining election districts, the said court
6shall refer the said petition to the county board of elections,
7which shall make a full investigation of the facts, and shall
8report to the court its findings and recommendations as to the
9division, redivision, alteration, formation or consolidation of
10election districts prayed for. If the county board shall find
11that a division, redivision, alteration, formation or
12consolidation of election districts will promote the convenience
13of the electors and the public interests, it shall recommend a
14proper division, redivision, alteration, formation or
15consolidation of election districts, which must [have clearly
16visible physical boundaries conforming] conform with census
17block lines from the most recently completed Federal decennial
18census, and shall accompany its report with a map and a verbal
19description of the boundaries, as well as a certification of the
20number of electors registered in each of the resulting election
21districts for the immediately preceding general or municipal
22election. Such petitions may specify the boundaries desired by
23the petitioners, and may be accompanied by a map setting forth
24such boundaries. When petitioners request specific boundaries,
25their petition shall include a certification from the county
26board of elections of the electors registered in each proposed
27election district for the immediately preceding general or
28municipal election.

29Section 504. Petitions by County Board; Action by Court on
30Petition or Report.--The county board of elections may also

1petition the court for the division or redivision of any
2township, borough, ward or election district into two or more
3election districts, or for the alteration of the bounds of any
4election district, or for the formation of one or more election
5districts out of two or more existing election districts, or
6parts thereof, or for the consolidation of adjoining election
7districts, accompanying its petition with a map and a verbal
8description of the boundaries of the proposed new election
9districts which must [have clearly visible physical features
10conforming] conform with census block lines from the most
11recently completed Federal decennial census. The petition must
12also include a certification of the number of electors
13registered in each of the resulting election districts for the
14immediately preceding general or municipal election. Upon the
15presentation of any such petition by the county board, or upon
16the filing by the board of its report and recommendations as to
17any petition presented by qualified electors under the
18provisions of section 503 of this act, the court may make such
19order for the division, redivision, alteration, formation or
20consolidation of election districts, as will, in its opinion,
21promote the convenience of electors and the public interests:
22Provided, however, That the court shall not make any final order
23for the division, redivision, alteration, formation or
24consolidation of election districts until at least ten days
25after notice shall have been posted in at least five public and
26conspicuous places in the district or districts to be affected
27thereby, one of which notices shall be posted on or in the
28immediate vicinity of the polling place in each such district.
29Such notice shall state in brief form the division, redivision,
30alteration, formation or consolidation of election districts

1recommended by the county board, the number of electors
2registered in each district at the immediately preceding general
3or municipal election, and the date upon which the same will be
4considered by the court, and shall contain a warning that any
5person objecting thereto must file his objections with the clerk
6of the court prior to such date. Upon the making of any such
7final order by the court, a copy thereof shall be certified by
8the clerk to the county board of elections.

9Section 532. Wards in Cities of the First Class May be
10[Created,] Established, Abolished, Divided, [Realigned, or]
11Consolidated or Altered.--

12(a) Wards in a city of the first class may be [created,]
13established, abolished, divided, [realigned or] consolidated or 
14altered, [along clearly visible physical boundaries] conforming
15with census block lines from the most recently completed Federal
16decennial census, by the court of common pleas of the county in
17which said city is located, upon application thereto for those
18purposes by the petition of at least a total of one hundred
19qualified electors from the ward or wards sought to be affected,
20or of the council of such city.

21* * *

22Section 2. Section 535 of the act, added November 24, 1999
23(P.L.543, No.51), is amended to read:

24Section 535. Definitions.--The following words and phrases
25when used in this subdivision shall have the following meanings
26unless otherwise clearly apparent from the context:

27The word "bureau" shall mean the Bureau of Commissions,
28Elections and Legislation of the Department of State.

29The word "department" shall mean the Department of State of
30the Commonwealth.

1The word "notice of boundary change" shall mean a notice
2provided by a county to the bureau in a manner and form
3prescribed by the department that the boundary of a county,
4municipality, ward or election district has changed. At a
5minimum, the notice must include a map and verbal description.

6The word "secretary" shall mean the Secretary of the
7Commonwealth.

8Section 3. Section 536 of the act, amended July 14, 2009
9(P.L.86, No.20), is amended to read:

10Section 536. Restrictions on Alteration.--(a) Except as
11provided in subsection (b), there shall be no power to
12establish, abolish, divide, consolidate or alter in any manner
13an election district during the period [July 15, 2009] July 1, 
142019, through November 30, [2012] 2022, or through resolution of
15all judicial appeals to the [2012] 2021 Congressional
16Redistricting Plan, whichever occurs later.

17(b) During the period from [July 15, 2009] July 1, 2019,
18through December 31, [2010] 2020, an election district may be
19divided or election districts may be combined if the following
20are met:

21(1) In the case of the division of an election district, the
22boundary of each resulting district [is composed entirely of
23clearly visible physical features conforming] conforms with
24[the] census block lines from the most recently completed 
25Federal decennial census or portions of the original boundary of
26the election district which was divided.

27(2) In the case of the combination of election districts,
28the boundary of each resulting district is composed entirely of
29portions of the original boundaries of the election districts
30which were combined.

1(c) If an alteration of an election district under
2subsection (b) is sought, the following shall apply:

3(1) The county board of elections shall notify the
4secretary, in writing, of the proposed alteration. The notice
5shall include a map and a description of the proposed boundary
6of any new or altered district or districts. The secretary shall
7forward a copy of any notice of proposed alteration to the
8Legislative Data Processing Center within seven (7) days of
9receipt.

10(2) Before a county board of elections may petition the
11court for a change in the boundary of an election district under
12this section, the secretary must make a determination that the
13board has complied with subsection (b). Any of the following
14constitute evidence of the determination under this clause:

15(i) A certification by the secretary that the determination
16has been made.

17(ii) A certification by the board that notice under this
18clause has been given to the secretary and that the secretary
19has not acted within forty-five (45) days of the notice.

20(3) The board shall forward a copy of the order approving
21any alteration to the secretary and the Legislative Data
22Processing Center within seven (7) days of the issuance of that
23order.

24Section 4. Section 537 of the act, amended December 9, 2002
25(P.L.1246, No.150), is amended to read:

26Section 537. Alterations After Period of Restriction.--(a)
27Unless otherwise provided in this act, an election district may
28be established, abolished, divided, consolidated or altered if
29the boundary of each resulting district [is composed entirely of
30clearly visible physical features conforming] conforms with

1census block lines from the most recently completed Federal
2decennial census.

3(b) Within thirty (30) days of an alteration under
4subsection (a), the county board of elections shall submit to
5the bureau a [report] notice of boundary change, including a map
6and a verbal description, of the boundaries of each resulting
7district.

8(c) The bureau shall review each [report] notice of boundary 
9change submitted under subsection (b) to determine whether the
10boundaries of all resulting election districts included in the
11[report] notice of boundary change comply with the requirements
12of subsection (a). If the bureau determines that the boundaries
13of any resulting election district included in the [report]
14notice of boundary change do not comply with the requirements of
15subsection (a), the bureau shall send a written [notice of this]
16determination to the county board of elections within thirty
17(30) days of receipt of the report. Within sixty (60) days of
18receipt of the [notice] determination, the county board shall
19submit a subsequent [report] notice of boundary change regarding
20the election district or districts named in the bureau's
21[notice] determination, indicating that changes have been made
22to the boundaries of each such election district so as to comply
23with the requirements of subsection (a). If the county board
24fails to submit a subsequent [report] notice of boundary change
25indicating that changes have been made to the boundaries of each
26such election district so as to comply with the requirements of
27subsection (a), the Department of State shall withhold any
28reimbursements owed to the county board under section 305 until
29the bureau receives the [report] notice of boundary change.

30Section 5. Section 538 of the act, added November 24, 1999

1(P.L.543, No.51), is amended to read:

2Section 538. Reports.--(a) Within six (6) months of the
3effective date of this subdivision, each county board of
4elections shall submit to the bureau a report, including maps
5and verbal descriptions, of the boundaries of every election
6district within the county. All [reports] notices filed under
7section 536 or notices of boundary change filed under section
8537 shall be filed as amendments to this initial report.

9(b) The bureau shall retain at all times the reports of the
10current boundaries of all election districts, including maps and
11verbal descriptions. [Copies of such reports shall be made
12available to the General Assembly, on request, and to the public
13for a fee, as established by the department.] The department 
14shall develop an official boundary database, as required in 
15Article V-A.

16Section 6. The act is amended by adding an article to read:

17ARTICLE V-A

18DATABASES, POPULATION DATA

19AND CONGRESSIONAL REDISTRICTING

20Section 501-A. Definitions.

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

24"Bureau." The Bureau of Commissions, Elections and
25Legislation of the Department of State.

26"Center." The Legislative Data Processing Center.

27"Department." The Department of State of the Commonwealth.

28"Director." The Executive Director of the Legislative Data
29Processing Center.

30"Notice of boundary change." A notice provided by a county

1to the bureau in a manner and form prescribed by the department
2that the boundary of a county, municipality, ward or election
3district has changed. At a minimum, the notice shall include a
4map and verbal description.

5"Official boundary database." A Statewide database of
6county, municipal, ward or election district boundaries
7established under section 502-A.

8"Secretary." The Secretary of the Commonwealth.

9Section 502-A. Official Municipal, Ward, Division and Precinct
10Boundary Database.

11(a) Accounting of boundaries.--Not later than December 31,
122014, each county in this Commonwealth shall submit to the
13secretary a full and complete accounting of the municipal, ward
14or election district boundaries in the county in a manner and
15form prescribed by the department.

16(b) Official boundary database.--The secretary shall develop
17the official boundary database in consultation with the
18director. The database shall be available to the public at no
19cost on the center's official Internet website in multiple
20commonly used formats, including GIS mapping files such as ESRI
21shapefiles, Internet geographic visualization files such as
22Keyhole Markup Language files and easily readable files such as
23Portable Document Format files.

24(c) New version of database.--When a new version of the
25official boundary database is released, the previous versions
26must be maintained and clearly labeled on the center's official
27Internet website.

28(d) Duty of county.--When a change is made to the boundary
29of a municipality, ward or election district within a county,
30the county shall provide a notice of boundary change under the

1requirements of section 537.

2(e) Updating database.--The secretary shall update the
3official boundary database and transmit the update to the
4director within 30 days of receiving a notice of boundary
5change.

6(f) Notice of boundary change.--A notice of boundary change
7certified by the secretary must be transmitted within seven days
8to the director, who shall post and maintain the notice on the
9center's Internet website in a way that associates it with the
10relevant version of the official boundary database.

11Section 503-A. Official Voter Registration and Election Results
12Database.

13(a) Establishment.--No later than December 31, 2014, the
14secretary shall develop an Official Voter Registration and
15Election Results Database in consultation with the director. The
16database shall be available to the public on the center's
17official Internet website in multiple commonly used formats,
18including database files such as Microsoft Excel files and
19Comma-Separated Values files and easily readable files such as
20Portable Document Format files.

21(b) Data.--The Official Voter Registration and Election
22Results Database must include date-referenced voter registration
23data and results from all Statewide referendum questions, all
24Statewide primary and general elections at the Federal and State
25levels for both odd-year and even-year elections, all General
26Assembly elections, all congressional elections and all
27countywide elections. The database must include data showing the
28number of voters who voted at each polling place, by provisional
29ballot, and by absentee ballot. The results must be stored in a
30manner that may be searched, aggregated, displayed, printed and

1sorted by, at a minimum, the following:

2(1) candidate name;

3(2) political party;

4(3) elective office;

5(4) number of votes received;

6(5) number of registered voters;

7(6) county;

8(7) municipality;

9(8) ward; and

10(9) election district, including a division or precinct.

11(c) New data.--When new data is added to the Official Voter
12Registration and Election Results Database, existing data must
13be maintained unless errors in the existing data are being
14corrected.

15Section 504-A. Maintenance of data.

16The official boundary database and Official Voter
17Registration and Election Results Database must be maintained by
18the director and the secretary in such a way that the data is
19compatible and may be cross-referenced.

20Section 505-A. Population data for congressional redistricting.

21The population data for this Commonwealth most recently
22certified by the Legislative Reapportionment Commission must be
23used in congressional redistricting legislation considered by
24the General Assembly.

25Section 7. This act shall take effect in 60 days.