A JOINT RESOLUTION

 

1Proposing an amendment to the Constitution of the Commonwealth
2of Pennsylvania, further providing for a Legislative
3Reapportionment Commission to designate legislative districts
4for the General Assembly within this Commonwealth.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby resolves as follows:

7Section 1. The following amendment to the Constitution of
8Pennsylvania is proposed in accordance with Article XI:

9That section 17 of Article II be amended to read:

10§ 17. Legislative Reapportionment Commission.

11[(a) In each year following the year of the Federal
12decennial census, a Legislative Reapportionment Commission shall
13be constituted for the purpose of reapportioning the
14Commonwealth. The commission shall act by a majority of its
15entire membership.

16(b) The commission shall consist of five members: four of
17whom shall be the majority and minority leaders of both the
18Senate and the House of Representatives, or deputies appointed
19by each of them, and a chairman selected as hereinafter

1provided. No later than 60 days following the official reporting
2of the Federal decennial census as required by Federal law, the
3four members shall be certified by the President pro tempore of
4the Senate and the Speaker of the House of Representatives to
5the elections officer of the Commonwealth who under law shall
6have supervision over elections.

7The four members within 45 days after their certification
8shall select the fifth member, who shall serve as chairman of
9the commission, and shall immediately certify his name to such
10elections officer. The chairman shall be a citizen of the
11Commonwealth other than a local, State or Federal official
12holding an office to which compensation is attached.

13If the four members fail to select the fifth member within
14the time prescribed, a majority of the entire membership of the
15Supreme Court within 30 days thereafter shall appoint the
16chairman as aforesaid and certify his appointment to such
17elections officer.

18Any vacancy in the commission shall be filled within 15 days
19in the same manner in which such position was originally filled.

20(c) No later than 90 days after either the commission has
21been duly certified or the population data for the Commonwealth
22as determined by the Federal decennial census are available,
23whichever is later in time, the commission shall file a
24preliminary reapportionment plan with such elections officer.

25The commission shall have 30 days after filing the
26preliminary plan to make corrections in the plan.

27Any person aggrieved by the preliminary plan shall have the
28same 30-day period to file exceptions with the commission in
29which case the commission shall have 30 days after the date the
30exceptions were filed to prepare and file with such elections

1officer a revised reapportionment plan. If no exceptions are
2filed within 30 days, or if filed and acted upon, the
3commission's plan shall be final and have the force of law.

4(d) Any aggrieved person may file an appeal from the final
5plan directly to the Supreme Court within 30 days after the
6filing thereof. If the appellant establishes that the final plan
7is contrary to law, the Supreme Court shall issue an order
8remanding the plan to the commission and directing the
9commission to reapportion the Commonwealth in a manner not
10inconsistent with such order.

11(e) When the Supreme Court has finally decided an appeal or
12when the last day for filing an appeal has passed with no appeal
13taken, the reapportionment plan shall have the force of law and
14the districts therein provided shall be used thereafter in
15elections to the General Assembly until the next reapportionment
16as required under this section 17.

17(f) Any district which does not include the residence from
18which a member of the Senate was elected whether or not
19scheduled for election at the next general election shall elect
20a Senator at such election.

21(g) The General Assembly shall appropriate sufficient funds
22for the compensation and expenses of members and staff appointed
23by the commission, and other necessary expenses. The members of
24the commission shall be entitled to such compensation for their
25services as the General Assembly from time to time shall
26determine, but no part thereof shall be paid until a preliminary
27plan is filed. If a preliminary plan is filed but the commission
28fails to file a revised or final plan within the time
29prescribed, the commission members shall forfeit all right to
30compensation not paid.

1(h) If a preliminary, revised or final reapportionment plan
2is not filed by the commission within the time prescribed by
3this section, unless the time be extended by the Supreme Court
4for cause shown, the Supreme Court shall immediately proceed on
5its own motion to reapportion the Commonwealth.

6(i) Any reapportionment plan filed by the commission, or
7ordered or prepared by the Supreme Court upon the failure of the
8commission to act, shall be published by the elections officer
9once in at least one newspaper of general circulation in each
10senatorial and representative district. The publication shall
11contain a map of the Commonwealth showing the complete
12reapportionment of the General Assembly by districts, and a map
13showing the reapportionment districts in the area normally
14served by the newspaper in which the publication is made. The
15publication shall also state the population of the senatorial
16and representative districts having the smallest and largest
17population and the percentage variation of such districts from
18the average population for senatorial and representative
19districts.]

20(a) In each year following the Federal decennial census, a
21Reapportionment Commission shall be constituted for the purpose
22of reapportioning the districts of the Senate and House of
23Representatives of the General Assembly and the districts
24apportioned to the Commonwealth in the House of Representatives
25of the United States Congress. Unless otherwise directed by
26court order, legislative and congressional reapportionment shall
27only be permitted once in the decade following the Federal
28decennial census.

29(b) The commission shall consist of nine members: eight of
30whom shall be the majority and minority leaders and whips of

1both the Senate and House of Representatives, or deputies
2appointed by each of them. The Supreme Court shall appoint one
3member who shall serve as chairman who shall be a registered
4voter within the Commonwealth for at least two years prior to
5appointment. The chairman may not hold an office of local, State
6or Federal government to which compensation is attached at the
7time of his appointment. The chairman may not have held a
8position within a political party for at least ten years prior
9to appointment. No later than 60 days following the official
10reporting of the Federal decennial census as required by Federal
11law, the legislator members of the commission shall be certified
12by the President pro tempore of the Senate and the Speaker of
13the House of Representatives to the elections officer of the
14Commonwealth who under law shall have supervision over
15elections. The Supreme Court shall appoint the chairman of the
16commission during the same 60-day period and shall certify the
17appointment to the elections officer of the Commonwealth. Any
18vacancy in the commission shall be filled within 15 days in the
19same manner in which that position was originally filled.

20(c) The commission may not utilize any political or personal
21considerations in drafting a reapportionment plan either
22legislative or congressional. The commission may not divide any
23voting precinct that forms a single polygon in drafting a
24reapportionment plan. The commission may not divide a county,
25city, township, borough or incorporated town unless absolutely
26necessary. In finding that a division is necessary, the
27commission must file the findings in an addendum to each plan
28adopted by the commission. The appropriate addendum must be
29submitted to the General Assembly and the Supreme Court along
30with each reapportionment plan under the provisions of this

1section. The commission shall adopt a standard measurement
2defining compactness for the districts in each plan. No district
3in any plan may be drafted by the commission with a compactness
4measurement of less than 15% of the total ideal measurement for
5a district.

6(d) No later than 60 days after either the commission has
7been duly certified or usable population data for the
8Commonwealth is available, whichever is later in time, the
9commission shall file a preliminary reapportionment plan for the
10General Assembly with such elections officer. A public comment
11period of 30 days shall commence with the filing of the
12preliminary plan.

13(e) The commission shall have 30 days after the date of the
14expiration of the public comment period to prepare and adopt a
15revised reapportionment plan for both Houses of the General
16Assembly. The revised reapportionment plan shall be adopted and
17submitted to the General Assembly upon a vote of at least seven
18members of the commission for approval. The General Assembly
19shall vote to approve or reject the plan without amendment
20within 30 days from the date of submission. Upon approval of the
21plan, the presiding officer of each House shall, in the presence
22of the House over which the officer presides, sign the
23reapportionment plan after its title has been read publicly
24immediately before signing. The fact of the signing shall be
25entered on the journal and the plan shall be filed with the
26chief elections officer of the Commonwealth.

27(f) If the revised reapportionment plan submitted by the
28commission is not approved by both Houses of the General
29Assembly within 30 days of submission, the commission shall
30adopt a final reapportionment plan. In the event the revised

1reapportionment plan is rejected by either House of the General
2Assembly, it shall be returned to the commission by the
3presiding officer with a communication that the plan was
4rejected. An additional 30-day public comment period shall
5commence from the date of the rejection. The commission shall
6have a succeeding 30 days after the public comment period to
7adopt a final plan upon approval of at least seven members. The
8final plan shall be submitted to both Houses of the General
9Assembly for approval. The General Assembly shall vote to
10approve or reject the plan without amendment within 30 days from
11the date of submission. Upon approval of the plan, the presiding
12officer of each House shall, in the presence of the House over
13which the officer presides, sign the reapportionment plan after
14its title has been read publicly immediately before signing. The
15fact of the signing shall be entered on the journal and the plan
16shall then be filed with the chief elections officer of the
17Commonwealth.

18(g) An aggrieved person may file an appeal from the final
19plan directly to the Supreme Court within 30 days after the
20filing of the final plan. If the appellant establishes that the
21final plan is contrary to law, the Supreme Court shall issue an
22order remanding the plan to the commission and directing the
23commission to reapportion the Commonwealth in a manner not
24inconsistent with the order.

25(h) If the final reapportionment plan submitted by the
26commission is not approved by both Houses of the General
27Assembly within 30 days, the reapportionment commission shall
28then submit both the revised and final reapportionment plans to
29the Supreme Court within five days.

30(i) The Supreme Court shall have 30 days to adopt either the

1revised reapportionment plan or the final reapportionment plan
2as the plan to be utilized thereafter in elections to the
3General Assembly until the next reapportionment as required
4under this section. If the Supreme Court finds that both plans
5are contrary to law, it shall issue an order remanding the plan
6to the commission and directing the commission to reapportion
7the Commonwealth in a manner not inconsistent with the order.
8The commission shall then have 30 days to submit the
9reapportionment plan to the Supreme Court.

10(j) The General Assembly shall appropriate sufficient funds
11for the compensation and expenses of members and staff appointed
12by the commission, and other necessary expenses. The members of
13the commission who are not members of the General Assembly shall
14be entitled to such compensation for their services as the
15General Assembly from time to time shall determine, but no part
16of the compensation shall be paid until a preliminary
17legislative reapportionment plan is filed. If a preliminary plan
18is filed but the commission fails to file a revised or a final
19plan within the time prescribed, the commission members shall
20forfeit all right to compensation not paid.

21(k) If a preliminary, revised or final legislative
22reapportionment plan is not filed by the commission within the
23time prescribed by this section, unless the time be extended by
24the Supreme Court for cause shown, the Supreme Court shall
25immediately proceed on its own motion to reapportion the
26Commonwealth.

27(l) Any reapportionment plan filed by the commission, or
28ordered by the Supreme Court upon failure of the commission to
29act, shall be published by the elections officer once in at
30least one newspaper of general circulation in each senatorial

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

11(m) No later than 20 days after the final legislative
12reapportionment plan has been approved by either the General
13Assembly or the Supreme Court, the commission shall file a
14preliminary reapportionment plan for Representatives in the
15United States Congress with the chief elections officer of the
16Commonwealth. A public comment period of 30 days shall commence
17with the filing of the preliminary congressional plan.

18(n) The commission shall have 20 days after the date of the
19expiration of the public comment period to prepare and adopt a
20revised reapportionment plan for Representatives in the United
21States Congress. The revised reapportionment plan shall be
22adopted and submitted to the General Assembly upon a vote of at
23least seven members of the commission for approval. The General
24Assembly shall vote to approve or reject the plan without
25amendment within 15 days from the date of submission. Upon
26approval of the plan, the presiding officer of each House shall,
27in the presence of the House over which the officer presides,
28sign the reapportionment plan after its title has been read
29publicly immediately before signing and the fact of the signing
30shall be entered on the journal. The plan shall then be filed

1with the chief elections officer of the Commonwealth.

2(o) If the revised reapportionment plan submitted by the
3commission is not approved by both Houses of the General
4Assembly within 15 days of submission, the commission shall
5adopt a final reapportionment plan for the congressional
6districts. In the event the revised reapportionment plan is
7rejected by either House of the General Assembly, it shall be
8returned to the commission by the presiding officer with a
9communication that the plan was rejected. An additional 20-day
10public comment period shall commence from the date of the
11rejection of the revised plan. The commission shall have a
12succeeding 20 days after the public comment period to adopt a
13final plan upon approval of at least seven members. The final
14plan shall be submitted to both Houses of the General Assembly
15for approval. The General Assembly shall vote to approve or
16reject the plan without amendment within 15 days from the date
17of submission. Upon approval of the plan, the presiding officer
18of each House shall, in the presence of the House over which the
19officer presides, sign the reapportionment plan after its title
20has been read publicly immediately before signing and the fact
21of the signing shall be entered on the journal. The plan shall
22then be filed with the chief elections officer of the
23Commonwealth.

24(p) An aggrieved person may file an appeal from the final
25plan directly to the Supreme Court within 30 days after the
26filing of the final plan. If the appellant establishes that the
27final plan is contrary to law, the Supreme Court shall issue an
28order remanding the plan to the commission and directing the
29commission to reapportion the Commonwealth in a manner not
30inconsistent with that order.

1(q) If the final reapportionment plan submitted by the
2commission is not approved by both Houses of the General
3Assembly within 15 days, the reapportionment commission shall
4then submit both the revised and final reapportionment plans to
5the Supreme Court within five days.

6(r) If an entirely new senatorial district is formed and if
7it would not normally be electing a member of the Senate in the
8following general election, the district shall initially elect a
9senator for a term of two years in the general election. The
10district shall after the initial two-year term elect a senator
11for a term of four years. No member of the Senate may continue
12to serve in office after another member of the Senate begins
13that Senator's term of service on the first day of December next
14after the election representing the district.

15(s) Population requirements are as follows:

16(1) Congressional districts shall each have a population as
17nearly equal as practicable.

18(2) Legislative districts shall be established on the basis
19of population. In no case shall the deviation of the overall
20range of population of the most populous district from the least
21populous district be greater than 8% of the average district
22population for each house.

23(t) The Supreme Court shall have 30 days to adopt either the
24revised congressional reapportionment plan or the final
25congressional reapportionment plan as the plan to be utilized
26thereafter in elections to the Congress of the United States
27until the next reapportionment as required under this section.
28If the Supreme Court finds that both plans are contrary to law,
29it shall issue an order remanding the plan to the commission and
30directing the commission to reapportion the Commonwealth in a

1manner not inconsistent with the order. The commission shall
2then have 15 days to submit the reapportionment plan to the
3Supreme Court.

4(u) If a preliminary, revised or final congressional
5reapportionment plan is not filed by the commission within the
6time prescribed by this section, unless the time be extended by
7the Supreme Court for cause shown, the Supreme Court shall
8immediately proceed on its own motion to reapportion the
9congressional districts of the Commonwealth.

10(v) A congressional reapportionment plan filed by the
11commission, or ordered by the Supreme Court upon failure of the
12commission to act, shall be published by the elections officer
13once in at least one newspaper of general circulation in each
14congressional district. The publication shall contain a map of
15the Commonwealth showing the complete reapportionment of the
16congressional districts, and a map showing the reapportioned
17districts in the area normally served by the newspaper in which
18the publication is made. The publication shall also state the
19population of the congressional districts having the smallest
20and largest population and the percentage variation of those
21districts from the average population for congressional
22districts.

23(w) Nothing contained in this section may preclude the
24General Assembly from enacting legislation that further defines
25the provisions of this section or provides for additional
26requirements or restrictions for legislative or congressional
27reapportionment.

28Section 2. (a) Upon the first passage by the General
29Assembly of this proposed constitutional amendment, the
30Secretary of the Commonwealth shall proceed immediately to

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

6(b) Upon the second passage by the General Assembly of this
7proposed constitutional amendment, the Secretary of the
8Commonwealth shall proceed immediately to comply with the
9advertising requirements of section 1 of Article XI of the
10Constitution of Pennsylvania and shall transmit the required
11advertisements to two newspapers in every county in which such
12newspapers are published in sufficient time after passage of
13this proposed constitutional amendment. The Secretary of the
14Commonwealth shall submit this proposed constitutional amendment
15to the qualified electors of this Commonwealth at the first
16primary, general or municipal election which meets the
17requirements of and is in conformance with section 1 of Article
18XI of the Constitution of Pennsylvania and which occurs at least
19three months after the proposed constitutional amendment is
20passed by the General Assembly.