Regular Session 2017-2018 House Bill 2020 P.N. 2901

PRINTER'S NO. 2901

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2020

Session of

2018

INTRODUCED BY CONKLIN, DEAN, DRISCOLL, HILL-EVANS, KAVULICH,

KORTZ, D. MILLER, NEILSON, SCHLOSSBERG, SCHWEYER, THOMAS,

WARREN, YOUNGBLOOD, DeLUCA AND MURT, JANUARY 22, 2018

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 22, 2018

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in election districts and polling places, further

providing for district boundaries; providing for

congressional redistricting process; and establishing a

congressional redistricting commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 506 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended to

read:

Section 506. District Boundaries.--In administering

elections for the nomination and election of candidates for [the

United States House of Representatives and] the General

Assembly, county boards of election shall adhere to the

following rule: Where an election district is used in or

pursuant to [a congressional redistricting statute or] the Final

Plan of the Legislative Reapportionment Commission to define the

boundary of [a congressional district or] State legislative

district, the boundary of such election district shall be the

boundary existing and recognized by the Legislative

Reapportionment Commission for the adoption of its Final Plan.

The boundaries of [the congressional districts as established by

statute and] State legislative districts as set forth in the

Final Plan of the Legislative Reapportionment Commission shall

remain in full force and effect for use thereafter until the

next [reapportionment or] redistricting as required by law and

shall not be deemed to be affected by any action taken pursuant

to this article.

Section 2. The act is amended by adding an article to read:

ARTICLE V-A

Congressional Redistricting Process

Section 501-A. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Applicant." An individual who meets the qualifications

enumerated in section 503-A(c).

"Commission." A congressional redistricting commission

established under this article.

"Commissioner." An applicant who has been selected to serve

on the commission.

"Crimes against the public interest." Any of the offenses

defined in the following provisions of Title 18 (Crimes and

Offenses) of the Pennsylvania Consolidated Statutes or other

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enumerated statutes where the offense involves public funds,

property, resources or services:

Section 3922 (relating to theft by deception).

Section 3923 (relating to theft by extortion).

Section 3926 (relating to theft of services).

Section 3927 (relating to theft by failure to make

required disposition of funds received).

Section 4101 (relating to forgery).

Section 4104 (relating to tampering with records or

identification).

Section 4113 (relating to misapplication of entrusted

property and property of government or financial

institutions).

Section 4701 (relating to bribery in official and

political matters).

Section 4702 (relating to threats and other improper

influence in official and political matters).

Section 4902 (relating to perjury).

Section 4903(a) (relating to false swearing).

Section 4904 (relating to unsworn falsification to

authorities).

Section 4906 (relating to false reports to law

enforcement authorities).

Section 4909 (relating to witness or informant taking

bribe).

Section 4910 (relating to tampering with or fabricating

physical evidence).

Section 4911 (relating to tampering with public records

or information).

Section 4952 (relating to intimidation of witnesses or

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victims).

Section 4953 (relating to retaliation against witness,

victim or party).

Section 5101 (relating to obstructing administration of

law or other governmental function).

Section 5301 (relating to official oppression).

Section 5302 (relating to speculating or wagering on

official action or information).

Article III of the act of March 4, 1971 (P.L.6, No.2),

known as the "Tax Reform Code of 1971."

In addition to the foregoing specific crimes, the term also

includes all criminal offenses as set forth in Federal law

substantially the same as the crimes enumerated herein. This

definition shall also include any other infamous crime.

"Immediate family member." A parent, spouse, child, brother

or sister.

"Political subdivision." A county, city, borough,

incorporated town or township.

"Public office." The Governor, member of the General

Assembly or member of the Congress of the United States.

"Qualified elector." An individual who:

(1) possesses all of the qualifications for voting

prescribed by the Constitution of Pennsylvania and the laws

of this Commonwealth under 25 Pa.C.S. § 1102 (relating to

definitions); or

(2) being otherwise qualified by continued residence as

prescribed in 25 Pa.C.S. § 1302 (relating to residence of

electors) in the election district, obtains the

qualifications before the next ensuing election.

"Registered lobbyist." An individual who is registered as

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prescribed in 65 Pa.C.S. Ch. 13A (relating to lobbying

disclosure) or the Lobbying Disclosure Act of 1995 (Public Law

104-65, 2 U.S.C. § 1601 et seq.).

"Secretary." The Secretary of the Commonwealth.

"Special master." An individual who:

(1) Is appointed by the Pennsylvania Supreme Court under

section 507-A(d).

(2) Demonstrates expertise in geographic information

systems.

(3) Holds a graduate degree in geographic information

systems.

(4) Serves as a faculty member for a geographic

information systems program at an institution of higher

education located within this Commonwealth.

(5) Meets the qualifications in section 503-A(c).

"Website." The publicly accessible Internet website of the

Congressional Redistricting Commission under section 506-A(b).

Section 502-A. Census data.

Notwithstanding any other provision of law, in the year

immediately following the Federal decennial census, the

Legislative Data Processing Center shall:

(a) Obtain the census data for all qualified electors in

this Commonwealth from the United States Census Bureau.

(b) Provide the adjusted population data, identifying all

qualified electors, to the commission within 30 days after the

secretary receives the census data from the United States Census

Bureau.

Section 503-A. Congressional redistricting commission.

(a) Establishment.--No later than March 1 in the year

immediately following the Federal decennial census, a

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congressional redistricting commission shall be constituted for

the purpose of redistricting the congressional districts of this

Commonwealth.

(b) Commission composition.--The commission shall consist of

the following members:

(1) Three applicants who are registered with the largest

political party in this Commonwealth based on registration.

(2) Three applicants who are registered with the second-

largest political party in this Commonwealth based on

registration.

(3) Three applicants who are not registered with either

of the two largest political parties in this Commonwealth

based on registration.

preceding the date of appointment to the commission, an

applicant:

(1) Must be a qualified elector who:

(i) has been registered in this Commonwealth with

the same political party, or unaffiliated with a

political party, and has not changed political party

affiliation during the five-year period; and

(ii) has voted in at least three general or

municipal elections.

(2) Must not have been a candidate for election to or

served in public office.

(3) Must not be an immediate family member of a

candidate for public office.

(4) Must not have been convicted, found guilty or

pleaded guilty or nolo contendere to a crime against the

public interest.

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(5) Must not be registered as a lobbyist.

(6) Must not have served as staff or consultant to the

Governor, a member of the General Assembly or a member of the

Congress of the United States representing the Commonwealth.

(7) Must not have held an appointive office in the

executive branch or legislative branch of Federal, State or

local government.

(d) Procedure for selection of commissioner members.--

Application and selection of the members of the commission shall

be subject to the following:

(1) The secretary shall provide an application for

membership to the commission, in a form prescribed by the

secretary, which shall be made available no later than

November 1 in the year of a decennial census. The application

shall be made available on the website.

(2) Applications to serve as a member of the commission

must be filed with the secretary before January 31 of the

year following the Federal decennial census.

(3) The secretary shall verify the qualifications of

each applicant according to subsection (c). If an applicant

is not qualified, the secretary shall remove the applicant's

name from the pool of applicants and notify the applicant.

(4) The secretary shall separate all qualified

applicants into three subpools consisting of qualified

applicants who are:

(i) registered with the largest political party in

this Commonwealth based on registration;

(ii) registered with the second-largest political

party in this Commonwealth based on registration; and

(iii) not registered with either of the two largest

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political parties in this Commonwealth based on

registration.

(5) The secretary shall convene a two-day seminar in

Harrisburg before February 15 for all qualified applicants.

This seminar shall pertain to the principles, current law and

current redistricting technology.

(6) At the conclusion of the seminar provided in

paragraph (5), the secretary shall supervise the random

selection of 20 qualified applicants from each of the three

subpools provided in paragraph (4). The selection shall be

conducted in the following manner:

(i) The applicants in each subpool shall draw a

number from a set of sequentially numbered cards. The

applicants who draw cards numbered 1 through 20 shall

remain in that subpool.

(ii) If the 60 selected applicants do not reasonably

reflect the racial, geographic and gender diversity of

this Commonwealth, all the applicants shall draw the

cards again.

(iii) The secretary shall immediately provide the

names of the 60 selected applicants to the President of

the Senate and the Speaker of the House of

Representatives for presentation to the Majority Leader

and Minority Leader of the Senate and the Majority Leader

and Minority Leader of the House of Representatives,

respectively.

(iv) The Majority Leader and Minority Leader of the

Senate and the Majority Leader and Minority Leader of the

House of Representatives shall each strike up to two

applicants from each subpool. The names of the stricken

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applicants shall be reported to the secretary before

March 10.

(v) Upon being notified of the stricken applicants

by the legislative leaders, the secretary shall

immediately notify the remaining applicants of the date

of final selection.

(vi) No later than March 15 of the year following a

decennial census, the secretary shall convene a meeting

and all applicants notified under subparagraph (v) shall

draw numbers from a set of sequentially numbered cards

assigned to each subpool.

(vii) The secretary shall appoint the applicants who

draw cards numbered 1, 2 and 3 in each subpool to serve

on the commission. Applicants who draw any other card

shall serve as alternates in their respective subpool.

(viii) A commissioner shall be selected as

chairperson by a vote of at least a majority of the

commissioners at the first meeting of the commission.

(e) Terms.--The terms of office of each commissioner shall

expire December 31 of the year immediately preceding the year in

which the following Federal decennial census is conducted.

(f) Compensation.--Members of the commission may not receive

a salary but shall be entitled to reimbursement of reasonable

and necessary expenses for members and staff appointed by the

commission incurred in the performance of their duties under

this article.

(g) Member removal.--

(1) If a member of the commission is convicted, found

guilty or pleads guilty or nolo contendere to a crime against

the public interest, whether or not sentence has been

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imposed, the member's position shall be deemed vacant.

(2) If a member of the commission fails to attend more

than two consecutive meetings or hearings duly called by the

chair, the member's position shall be deemed vacant. An

absence may be excused if the member is absent due to the

member's serious illness or the death or serious illness of

an immediate family member.

(h) Vacancies.--A vacancy on the commission shall be filled

within 21 days from the time the chair is notified of the

vacancy in the following manner:

(1) Upon receipt of notification of a vacancy, the

chairperson shall call a meeting of the commission at which

time a replacement commissioner shall be selected from the

subpool which the vacating member was originally chosen.

(2) The secretary shall notify each remaining applicant

in the subpool no later than 24 hours after the meeting in

paragraph (1) has been scheduled. Applicants shall attend the

meeting to be considered for the vacancy.

(3) The secretary shall provide the chairperson of the

commission with the number selected by each member of the

subpool described in subsection (d)(6)(vii) that is in

attendance at the meeting described in paragraph (1). No

names or information about the applicants may be provided to

the chairperson or any other commissioners.

(4) The chairperson shall select a number corresponding

to the applicants in attendance at the meeting described in

paragraph (1). The chosen applicant shall immediately fill

the vacancy.

Section 504-A. (Reserved).

Section 505-A. Commission meetings.

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(a) Quorum.--The commission may not take official action

without a majority plus two commissioners present and voting at

a meeting duly called by the chairperson.

(b) Voting.--Except as provided in section 507-A(c)(4), at

least a majority vote of all commissioners shall be required for

official action.

meetings and hearings shall be given in accordance with the

provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

Public notice of any meeting shall occur at least 14 days before

the meeting and shall include the event's time, date and

location.

(d) Public participation.--The commission shall provide a

reasonable opportunity during all commission meetings for oral

public comment and deliberation to comment on matters of

concern, official action or deliberation which are or may be

before the commission prior to taking official action.

Section 506-A. Public access.

(a) Right-to-know.--The activities of the commission shall

be subject to the act of February 14, 2008 (P.L.6, No.3), known

as the Right-to-Know Law. The commission shall be considered a

legislative agency as defined in section 102 of the Right-to-

Know Law.

(b) Commission website.--No later than September 1, 2020,

the department shall develop a publicly accessible Internet

website for the commission. The website shall include all of the

following:

(1) Adjusted population data described in section 502-A.

(2) All information provided to the applicants at the

seminar provided in section 503-A(d)(5).

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(3) The ability of any person to provide public comment

on all information on the website.

(4) Notice of each meeting or hearing in accordance with

65 Pa.C.S. § 709(a) (relating to public notice).

(5) The minutes of all meetings of the commission.

(6) All testimony and documentation provided during

hearings.

(7) The preliminary and final redistricting plans.

(8) Any other information deemed necessary by the

commission in order to justify any decisions or votes cast by

the commission.

Section 507-A. Congressional redistricting process.

(a) Initial hearings.--

(1) After the commission is appointed, the commission

shall schedule at least six initial public hearings for the

purpose of obtaining public comment on the redistricting

process. The hearings shall be held before July 1 of the year

following a decennial census.

(2) The hearings shall comply with the provisions

specified in section 505-A.

(3) The schedule of hearings shall be published on the

website in accordance with the provisions of section 506-

A(b).

(4) Hearings shall be held at times that are likely to

maximize public participation and in locations that encompass

the geographic, racial and ethnic diversity of this

Commonwealth.

(b) Preliminary plan.--

(1) Between July 1 and August 30 of the year following a

decennial census, the commission shall prepare and adopt a

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preliminary plan for congressional districts.

(2) The preliminary plan shall include:

(i) maps of the new congressional districts;

(ii) a list of all municipal governments encompassed

in each congressional district; and

(iii) a report explaining the basis used by the

commission to prepare the preliminary plan and the

rationale for any deviation by the commission from the

district requirements established in section 508-A).

(3) The plan shall be adopted at a public meeting in

accordance with section 505-A.

(4) The preliminary plan shall be published on the

website and in at least one newspaper of general circulation

in each existing congressional district no later than seven

days prior to a scheduled meeting to adopt the preliminary

plan.

(5) Between September 1 and October 30 of the year

following a decennial census, the commission shall hold at

least four public hearings on the preliminary plan.

(1) No later than November 30 of the year following a

decennial census, the commission shall prepare and adopt a

final congressional redistricting plan.

(2) The final plan shall include:

(i) maps of the new congressional districts;

(ii) a list of all municipal governments encompassed

in each congressional district; and

(iii) a report that explains the basis used by the

commission to prepare the final plan and the rationale

for any deviation from the district requirements

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established in section 508-A.

(3) The final plan shall be adopted at a public meeting

pursuant to section 505-A.

(4) A final plan shall be adopted by the commission with

at least a majority plus two votes of all commissioners.

(5) No later than seven days after adoption by the

commission, the secretary shall certify the final

congressional redistricting plan and publish it on the

website and in one newspaper of general circulation in each

of the new congressional districts in the final plan.

(6) Appeals by aggrieved persons.--An aggrieved person

may file an appeal to the final congressional redistricting

plan with the Supreme Court of Pennsylvania.

(d) Special master.--

(1) (i) If the commission does not approve a final

redistricting plan by November 30 of the year following a

decennial census, the secretary shall immediately

petition the Supreme Court of Pennsylvania for the

appointment of a special master.

(ii) If the commission demonstrates cause for failure to

meet the deadline, the Supreme Court may grant the

commission a single, 30-day continuance to approve a

final congressional redistricting plan.

(2) If an individual is appointed special master, the

special master shall develop and complete a final

redistricting plan in accordance with the district

requirements provided in section 508-A.

(3) (i) No later than 30 days from appointment, the

special master shall submit a final plan to the Supreme

Court.

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(ii) If the special master does not complete a final

plan in 30 days, the Supreme Court may grant the special

master a single, 30-day continuance for demonstration of

cause.

(4) No later than seven days from the date of submission

of the final plan from the special master, the Supreme Court

shall certify the resulting plan to the Secretary. The

certified plan shall constitute the final congressional

redistricting plan for the Commonwealth.

(e) Effective date of final congressional redistricting

plan.--

(1) The final congressional redistricting plan shall

have the force and effect of law when the Supreme Court of

Pennsylvania decides the appeals under subsection (c)(6).

(2) The districts identified in the final congressional

redistricting plan shall be used in elections for

representatives to the House of Representatives of the United

States from this Commonwealth until the adoption of a new

congressional redistricting plan following the next Federal

decennial census.

Section 508-A. Congressional district requirements.

(a) Population.--Congressional districts shall be

established on the basis of population and equal in population,

except where deviation is required to comply with the Voting

Rights Act of 1965 (Public Law 89-110, 52 U.S.C. § 10301 et

seq.) or is otherwise allowed by law. When determining the

population of each congressional district, population of

qualified electors shall respect the requirements in 25 Pa.C.S.

§ 1302 (relating to residence of electors).

(b) Compliance with law.--Each congressional district shall

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comply with the Constitution of the United States of America and

the Voting Rights Act of 1965 (Public Law 89-110, 79 Stat. 437).

A new redistricting plan shall not diminish minority voting

power.

districts shall respect the boundaries of a political

subdivision unless doing so would violate another provision of

this section.

(d) Geographical contiguity.--Congressional districts shall

have an identifiable geometric form. No part of the district may

be physically separate from the rest of that district. Areas

that meet only at the points of adjoining corners shall not be

deemed contiguous.

(e) Compactness.--Congressional districts shall be

geographically compact as determined according to the smallest-

circle or perimeter-to-area measures.

(f) Other consideration.--In establishing congressional

districts consistent with Federal and State law and the

requirements of this section, the commission may utilize other

redistricting data, including voter registration and previous

election results.

Section 3. This act shall take effect immediately.

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