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PRIOR PASSAGE - NONE
PRINTER'S NO. 531
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
22
Session of
2019
INTRODUCED BY BOSCOLA, FOLMER, COSTA, BROWNE, FONTANA, SCHWANK,
HAYWOOD, YUDICHAK, BARTOLOTTA, DiSANTO, KILLION, SCAVELLO AND
WHITE, APRIL 3, 2019
REFERRED TO STATE GOVERNMENT, APRIL 3, 2019
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, further providing for the Legislative
Reapportionment Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 17 of Article II be amended to read:
§ 17. [Legislative] Independent Reapportionment and
Redistricting Commission.
(a) In each year [following the year] of the Federal
decennial census [,a Legislative], but not later than July 1, an
Independent Reapportionment and Redistricting Commission shall
be constituted for the purpose of reapportioning and
redistricting the [Commonwealth] Commonwealth's congressional,
senatorial, representative and any other districts authorized
under this Constitution. The commission shall act by a majority
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of its entire membership.
(b) The commission shall consist of [five] 11 members[: four
of whom shall be the majority and minority leaders of both the
Senate and the House of Representatives, or deputies appointed
by each of them, and a chairman selected as hereinafter
provided.] and the General Assembly shall prescribe by law:
(1) The qualifications to serve as a member of the
commission, provided that no person who has been registered as a
lobbyist, held elective or appointive public office at the
Federal or State level or elective judicial office in this
Commonwealth , or any position of public service in aid or
support of such a person, in the five years immediately
preceding the date of appointment to the commission shall be
eligible for appointment.
(2) The manner by which the Secretary of the Commonwealth
shall provide for an open and transparent process to:
(i) Receive applications for appointment as a member of the
commission.
(ii) Determine eligibility of applicants.
(iii) Ensure applicants to be considered reasonably reflect
the geographic, gender and racial diversity of this
Commonwealth.
(3) Reasons for removing a member of the commission and the
manner by which vacancies shall be filled.
(4) The manner by which the Secretary of the Commonwealth
shall submit to the Governor and the General Assembly a list of
qualified applicants by political party affiliation.
(b.1) Upon receipt of the list of qualified applicants from
the Secretary of the Commonwealth, members of the commission
shall be appointed as follows:
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(1) The Governor shall recommend three individuals from the
list of qualified applicants who are not registered with either
of the two largest political parties in this Commonwealth based
upon registration for approval by a two-thirds vote of the
General Assembly.
(2) The Majority Leader and Minority Leader of the Senate
shall each recommend two individuals from the list of qualified
applicants for approval by a two-thirds vote of the Senate.
(3) The Majority Leader and Minority Leader of the House of
Representatives shall each recommend two individuals from the
list of qualified applicants for approval by a two-thirds vote
of the House of Representatives.
(4) Each individual recommended for appointment shall have
been continuously registered in this Commonwealth with the same
political party, or continuously unaffiliated with a political
party, in the three years immediately preceding the date of
appointment to the commission.
(5) In making appointments to the commission, the General
Assembly shall consider such factors as deemed appropriate so
that the commission reasonably reflects the geographic, gender
and racial diversity of this Commonwealth.
No later than [60 days following the official reporting of
the Federal census as required by Federal law] July 1 in each
year of the Federal decennial census, the [four] members
approved under this section shall be certified by the President
pro tempore of the Senate and the Speaker of the House of
Representatives to the elections officer of the Commonwealth who
under law shall have supervision over elections.
[The four members within] Within 45 days after their
certification, the members shall select [the fifth member, who
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shall serve as] a chairman of the commission.[, and shall
immediately certify his name to such elections officer. The
chairman shall be a citizen of the Commonwealth other than a
local, State or Federal official holding an office to which
compensation is attached.
If the four members fail to select the fifth member within
the time prescribed, a majority of the entire membership of the
Supreme Court within 30 days thereafter shall appoint the
chairman as aforesaid and certify his appointment to such
elections officer.
Any vacancy in the commission shall be filled within 15 days
in the same manner in which such position was originally
filled.] If the 11 members fail to select a chairman within the
time prescribed, the General Assembly, by a two-thirds vote of
each chamber, shall appoint the chairman of the commission
within 30 days.
(c) No later than 90 days after either the commission has
been duly certified or the population data for the Commonwealth
as determined by the Federal census are available, whichever is
later in time, the commission shall file a preliminary
reapportionment and redistricting plan with such elections
officer[.] based upon Federal census data for each geographic
and political unit. The preliminary reapportionment and
redistricting plan must be approved by at least seven
affirmative votes that must include at least two votes of
members registered from each of the two largest political
parties in this Commonwealth based on registration and two votes
of members not registered with either of the two largest
political parties based upon registration. The commission shall
schedule and conduct at least six public hearings on the
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preliminary reapportionment and redistricting plan in different
geographic regions throughout this Commonwealth.
In addition to the requirements of section 16, the following
shall apply:
(1) Senatorial districts shall be drawn with the fewest
number of divisions to counties, municipalities and wards within
the maximum population deviation permissible. A county may not
contain more senatorial districts than the number required by
the population plus one. The commission shall provide a written
explanation for each division.
(2) Representative districts shall be drawn with the fewest
number of divisions to counties, municipalities and wards within
the maximum population deviation permissible. A county may not
contain more representative districts than the number required
by the population plus two. The commission shall provide a
written explanation for each division.
(3) Congressional districts shall each have a population
within the maximum population deviation permissible and shall be
composed of compact and contiguous territory and, unless
absolutely necessary, no county, city, incorporated town,
borough, township or ward shall be divided in forming
congressional districts. The commission shall provide a written
explanation for each division.
(4) The boundaries of each district shall be a single non-
intersecting continuous line.
(5) In establishing districts, the commission shall not
consider the following data:
(i) Addresses of any individual.
(ii) Political affiliation of registered voters.
(iii) Previous election results, unless required by Federal
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law.
(6) All meetings of the commission at which a quorum is
present held for the purpose of deliberating official business
or taking official action shall be conducted in an open forum
and in a manner by which the public may contemporaneously
observe the proceedings.
(7) Commission members and commission employees and advisors
may not communicate with or receive communications from any
other person about reapportionment or redistricting matters
unless during an open public meeting or under such exceptions as
the General Assembly may prescribe by law.
The commission shall have 30 days after filing the
preliminary plan and completing the six public hearings on the
plan to make corrections in the plan.
Any person aggrieved by the preliminary plan shall have the
same 30-day period to file exceptions with the commission in
which case the commission shall have 30 days after the date the
exceptions were filed to prepare and file with such elections
officer a revised reapportionment and redistricting plan. If no
exceptions are filed within 30 days, or if filed and acted upon,
the commission's plan shall be final and have the force of law.
(c.1) The final reapportionment and redistricting plan must
be approved by at least seven affirmative votes that must
include at least two votes of members registered from each of
the two largest political parties in this Commonwealth based on
registration and two votes of members not registered with either
of the two largest political parties based upon registration.
(d) Any aggrieved person may file an appeal from the final
plan directly to the Supreme Court within 30 days after the
filing thereof. Upon receipt of an appeal, the Supreme Court
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shall immediately direct the appointment of a special master.
The special master shall hold a hearing and take testimony on
the final plan, and return the record and a transcript of the
testimony together with a report and recommendations as
prescribed by general rules of procedure. If the appellant
establishes that the final plan is contrary to law, the Supreme
Court shall issue an order remanding the plan to the commission
and directing the commission to reapportion and redistrict the
Commonwealth in a manner not inconsistent with such order.
(e) When the Supreme Court has finally decided an appeal or
when the last day for filing an appeal has passed with no appeal
taken, the reapportionment and redistricting plan shall have the
force of law and the districts therein provided shall be used
thereafter in elections [to the General Assembly] until the next
reapportionment and redistricting as required under this section
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(f) Any district which does not include the residence from
which a member of the Senate was elected whether or not
scheduled for election at the next general election shall elect
a Senator at such election.
(g) The General Assembly shall appropriate sufficient funds
for the compensation and expenses of members and staff appointed
by the commission, and other necessary expenses. The members of
the commission shall be entitled to such compensation for their
services as the General Assembly from time to time shall
determine.[, but no part thereof shall be paid until a
preliminary plan is filed. If a preliminary plan is filed but
the commission fails to file a revised or final plan within the
time prescribed, the commission members shall forfeit all right
to compensation not paid.]
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(h) If a preliminary, revised or final reapportionment and
redistricting plan is not filed by the commission [within the
time prescribed by this section unless the time be extended by
the Supreme Court for cause shown, the Supreme Court shall
immediately proceed on its own motion to reapportion the
Commonwealth.] by October 1 of each year ending in one, the
following shall apply:
(1) The commission shall consider the proposed
reapportionment and redistricting plan under this section.
(2) Not later than October 15 of each year ending in one,
the commission shall submit at least two, but not more than
three, maps for reapportionment and redistricting of
congressional, senatorial and representative districts to the
General Assembly. All maps submitted to the General Assembly
under this paragraph shall be made available for review by the
public for a period of not less than 10 days prior to any vote
by the General Assembly.
(3) The General Assembly shall approve one map submitted in
each category by a two-thirds vote of each chamber.
(4) If the General Assembly fails to approve the maps under
paragraph (3) by December 31 of each year ending in one, the
General Assembly shall submit the same sets of maps for each
category to the Supreme Court within seven days, which shall
approve one map submitted in each category. Upon receipt of the
maps submitted under this paragraph, the Supreme Court shall
immediately direct the appointment of a special master. The
special master shall hold a hearing and take testimony on the
maps submitted by the General Assembly and return the record and
a transcript of the testimony together with a report and
recommendations as prescribed by general rules of procedure.
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(5) Any plan approved by the commission finally shall
supersede all previous plans.
(i) Any reapportionment and redistricting plan filed by the
commission, or [ordered or prepared] approved by the [Supreme
Court] General Assembly or Supreme Court upon the failure of the
commission to act, shall be published by the elections officer
once in at least one newspaper of general circulation in each
senatorial and representative district. The publication shall
contain a map of the Commonwealth showing the complete
reapportionment [of the General Assembly] and redistricting by
districts, and a map showing the [reapportionment] reapportioned
and redistricted districts in the area normally served by the
newspaper in which the publication is made. The publication
shall also state the population of the senatorial and
representative districts having the smallest and largest
population and the percentage variation of such districts from
the average population for senatorial and representative
districts.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
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Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendment is
passed by the General Assembly.
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