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PRINTER'S NO. 1071
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
940
Session of
2019
INTRODUCED BY McCLINTON, SCHLOSSBERG, MILLARD, HILL-EVANS,
KINSEY, BURGOS, BULLOCK, WARREN, NEILSON, FIEDLER, KENYATTA,
YOUNGBLOOD, IRVIN AND WEBSTER, MARCH 25, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 25, 2019
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,
providing for residence of incarcerated individuals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding a
section to read:
Section 507. Residence of Incarcerated Individuals.--(a)
The population count used after each decennial census for the
purpose of creating the congressional districting plan used to
elect this Commonwealth's representatives in Congress:
(1) May not include individuals who:
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(i) were incarcerated in Federal or State correctional
facilities, as determined by the decennial census; and
(ii) were not residents of this Commonwealth before their
incarceration.
(2) Shall count individuals incarcerated in Federal or State
correctional facilities, as determined by the decennial census,
at their last known residence before incarceration if the
individuals were residents of this Commonwealth.
(b) The population count used after each decennial census by
the Legislative Reapportionment Commission for the purpose of
creating the legislative districting plan for the General
Assembly:
(1) May not include individuals who:
(i) were incarcerated in Federal or State correctional
facilities, as determined by the decennial census; and
(ii) were not residents of this Commonwealth before their
incarceration.
(2) Shall count individuals incarcerated in Federal or State
correctional facilities, as determined by the decennial census,
at their last known residence before incarceration if the
individuals were residents of this Commonwealth.
(c) The population count used after each decennial census
for the purpose of creating the legislative districts that are
used to elect the governing body of a municipality:
(1) May not include individuals who:
(i) were incarcerated in Federal or State correctional
facilities, as determined by the decennial census; and
(ii) were not residents of this Commonwealth before their
incarceration.
(2) Shall count individuals incarcerated in Federal or State
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correctional facilities, as determined by the decennial census,
at their last known residence before incarceration if the
individuals were residents of this Commonwealth.
Section 2. This act shall take effect in 60 days.
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