PRIOR PASSAGE - NONE
PRINTER'S NO. 2572
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2207
Session of
2022
INTRODUCED BY GROVE, JANUARY 4, 2022
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 4, 2022
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, further providing for
Legislative Reapportionment Commission and providing for the
Citizens' Legislative Reapportionment Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following integrated amendments to the
Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 17 of Article II be amended to read:
[§ 17. Legislative Reapportionment Commission.
(a) In each year following the year of the Federal decennial
census, a Legislative Reapportionment Commission shall be
constituted for the purpose of reapportioning the Commonwealth.
The commission shall act by a majority of its entire membership.
(b) The commission shall consist of five 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
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provided. No later than 60 days following the official reporting
of the Federal decennial census as required by Federal law, the
four members 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 45 days after their certification
shall select the fifth member, who shall serve as 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.
(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 decennial census are available,
whichever is later in time, the commission shall file a
preliminary reapportionment plan with such elections officer.
The commission shall have 30 days after filing the
preliminary 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
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officer a revised reapportionment plan. If no exceptions are
filed within 30 days, or if filed and acted upon, the
commissions's plan shall be final and have the force of law.
(d) Any aggrieved person may file an appeal from the final
plan directly to the Supreme Court within 30 days after the
filing thereof. 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 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 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
as required under this section 17.
(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 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.
(i) Any reapportionment plan filed by the commission, or
ordered or prepared by the 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 by districts, and a map
showing the reapportionment 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.]
(2) That Article II be amended by adding a section to read:
§ 17 . 1 . Citizens' Legislative Reapportionment Commission.
(a) Commission established.--In each year following the year
of the Federal decennial census and the calendar year in which
this section takes effect, a Citizens' Legislative
Reapportionment Commission shall be constituted for the purpose
of reapportioning the Commonwealth. Except as otherwise provided
in this section, the commission shall act by a majority of its
entire membership.
(b) Commission membership.--The commission shall consist of
the following members to be appointed as provided under this
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section:
(1) Two of whom shall be appointed by the Majority Leader of
the Senate.
(2) Two of whom shall be appointed by the Minority Leader of
the Senate.
(3) Two of whom shall be appointed by the Majority Leader of
the House of Representatives.
(4) Two of whom shall be appointed by the Minority Leader of
the House of Representatives.
(5) Two of whom shall be appointed by county governments in
this Commonwealth.
(6) One of whom shall be appointed by the judges of the
Commonwealth Court.
(c) Legislative appointees.--
(1) The elections officer of the Commonwealth who under law
shall have supervision over elections shall receive applications
for a period of 14 days from individuals who offer to serve as
members of the commission beginning:
(i) no later than February 1 of each year following the year
of the Federal decennial census as required by Federal law; or
(ii) no later than 14 days after the effective date of this
section for the commission constituted for the calendar year in
which this section takes effect.
(2) No later than two days after the end of the period under
paragraph (1), the elections officer of the Commonwealth who
under law shall have supervision over elections shall provide
copies of the applications received to the individuals who may
make appointments under subsection (b)(1), (2), (3) and (4).
(3) No later than 14 days after the receipt of applications
under paragraph (2), each individual who may make appointments
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under subsection (b)(1), (2), (3) and (4) shall certify to the
elections officer of the Commonwealth who under law shall have
supervision over elections the individuals appointed to be
members of the commission.
(d) County appointees.--The two members appointed under
subsection (b)(5) shall be selected by a vote of the governing
bodies of counties or cities which are coterminous with a county
of this Commonwealth in which each county or city which is
coterminous with a county shall receive one vote. The two
members selected shall be registered members of different
political parties and shall have been registered members of the
party for at least five years prior to appointment. Except as
otherwise provided by law, the elections officer of the
Commonwealth who under law shall have supervision over elections
shall establish the procedures for the vote for the selection of
the two members appointed under this subsection, including the
means by which the members shall be certified to the elections
officer of the Commonwealth who under law shall have supervision
over elections. The members shall be certified no later than the
final date for certifications under subsection (c)(3).
(e) Judicial appointee.--The member appointed under
subsection (b)(6) shall be a former judge of the Commonwealth
Court who shall be selected by an order of the court after a
vote of the judges of the Commonwealth Court. The order shall be
certified to the elections officer of the Commonwealth who under
law shall have supervision over elections. The member shall be
certified no later than the final date for certifications under
subsection (c)(3). If no former judge of the Commonwealth Court
is available to serve as a member, the Commonwealth Court may
select a former judge of a court of common pleas.
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(f) Membership qualifications.--A member must be a
registered elector of this Commonwealth for the immediately
preceding five years. The General Assembly may provide by
statute additional qualifications for individuals to serve as
commission members and the reasons for which members may be
removed. An individual may not be selected as a member of the
commission if the individual in the immediately preceding five
years:
(1) has held, or has a spouse who has held, any other public
office or paid position at the Federal or State level in this
Commonwealth;
(2) has registered, or has a spouse who has registered, as a
Federal or State lobbyist in this Commonwealth; or
(3) has been nominated, or has a spouse who has been
nominated, as a candidate for elective office in this
Commonwealth by a political party or political body or served,
or has a spouse who has served, as a staff member or officer of
a political party, political body, political committee or
political action committee in this Commonwealth.
(g) Chairperson.--The members of the commission shall select
a member to serve as chair of the commission.
(h) Vacancies.--Any vacancy in the commission shall be
filled within 15 days in the same manner in which such position
was originally filled, except that a vacant position appointed
under subsection (b)(1), (2), (3) and (4) shall be made by the
leader who appointed the individual who created the vacancy from
the individuals who had previously applied to be members.
(i) Reapportionment plan process.--
(1) No later than 60 days after either the commission has
been duly certified or the population data for the Commonwealth
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as determined by the Federal decennial census are available,
whichever is later in time, the commission shall prepare and
file a preliminary reapportionment plan for the Senate and a
preliminary reapportionment plan for the House of
Representatives with the elections officer of the Commonwealth
who under law shall have supervision over elections. A
preliminary reapportionment plan shall be adopted by a vote of
at least two-thirds of the members of the commission.
(2) The commission shall have 14 days after filing each
preliminary reapportionment plan to make corrections in a plan.
(3) Any person aggrieved by a preliminary reapportionment
plan shall have the same 14-day period to file exceptions with
the commission.
(4) The commission shall have 14 days after the end of the
period for filing exceptions under paragraph (3) to prepare and
file with the elections officer of the Commonwealth who under
law shall have supervision over elections a proposed
reapportionment plan for the Senate and a proposed
reapportionment plan for the House of Representatives. A
proposed reapportionment plan shall be adopted by a vote of at
least two-thirds of the members of the commission. The proposed
reapportionment plan for the Senate shall be transmitted to the
Senate. The proposed reapportionment plan for the House of
Representatives shall be transmitted to the House of
Representatives.
(j) Senate review.--
(1) No later than 21 days after the receipt of the proposed
reapportionment plan for the Senate, the Senate shall consider
the plan.
(2) If the proposed reapportionment plan is not adopted in
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whole by the Senate within the period for consideration under
paragraph (1), the commission shall revise the plan and submit a
revised proposed reapportionment plan for the Senate to the
Senate within 21 days of the end of the period for consideration
under paragraph (1). A revised proposed reapportionment plan
shall be adopted by a vote of at least two-thirds of the members
of the commission. The revised proposed reapportionment plan
shall be transmitted to the Senate.
(3) No later than 14 days after the receipt of the
commission's revised proposed reapportionment plan for the
Senate, the Senate shall consider the plan.
(4) The Senate shall provide for the reapportionment of the
Senate by resolution, which shall not be subject to presentment
to the Governor or require adoption by the House of
Representatives if any of the following occur:
(i) the revised proposed reapportionment plan for the Senate
is not adopted in whole by the Senate within 14 days of receipt;
(ii) the commission fails to timely adopt a preliminary
reapportionment plan for the Senate, a proposed reapportionment
plan for the Senate or a revised proposed reapportionment plan
for the Senate; or
(iii) a plan is remanded to the Senate under subsection (l).
(4) Any reapportionment plan adopted by the Senate under
this subsection shall be final and have the force of law in
accordance with subsection (m).
(k) House of Representatives review.--
(1) No later than 21 days after the receipt of the proposed
reapportionment plan for the House of Representatives, the House
of Representatives shall consider the plan.
(2) If the proposed reapportionment plan is not adopted in
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whole by the House of Representatives within the period for
consideration under paragraph (1), the commission shall revise
the plan and submit a revised proposed reapportionment plan for
the House of Representatives to the House of Representatives
within 21 days of the end of the period for consideration under
paragraph (1). A revised proposed reapportionment plan shall be
adopted by a vote of at least two-thirds of the members of the
commission. The revised proposed reapportionment plan shall be
transmitted to the House of Representatives.
(3) No later than 14 days after the receipt of the
commission's revised proposed reapportionment plan for the House
of Representatives, the House of Representatives shall consider
the plan.
(4) The House of Representatives shall provide for the
reapportionment of the House of Representatives by resolution,
which shall not be subject to presentment to the Governor or
require adoption by the Senate if any of the following occur:
(i) the revised proposed reapportionment plan for the House
of Representatives is not adopted in whole by the House of
Representatives within 14 days of receipt;
(ii) the commission fails to timely adopt a preliminary
reapportionment plan for the House of Representatives, a
proposed reapportionment plan for the House of Representatives
or a revised proposed reapportionment plan for the House of
Representatives; or
(iii) a plan is remanded to the House of Representatives
under subsection (l).
(4) Any reapportionment plan adopted by the House of
Representatives under this subsection shall be final and have
the force of law in accordance with subsection (m).
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(l) Appeals.--Any aggrieved person may file an appeal from
an adopted reapportionment plan directly to the Supreme Court
within 30 days after adoption under subsection (j) or (k). If
the appellant establishes that the adopted reapportionment plan
is contrary to law, the Supreme Court shall issue an order
remanding the plan to the Senate or House of Representatives, as
applicable, and providing an opportunity to reapportion the
Commonwealth in a manner not inconsistent with such order.
(m) Judicial review.--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 adopted reapportionment plan
shall become a final reapportionment plan and 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 as required under this section 17.1.
(n) Senate incumbancy rule.--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.
(o) Appropriation.--The General Assembly shall appropriate
sufficient funds for the compensation and expenses of members
and staff appointed to 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 reapportionment plan is filed. If a
preliminary reapportionment plan is filed but the commission
fails to file a revised proposed reapportionment plan within the
time prescribed, the commission members shall forfeit all right
to compensation not paid.
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(p) Remedy.--If a reapportionment plan does not acquire the
force of law under subsection (m) by January 15 of a year of a
general election, the apportionment of the Senate or the House
of Representatives, as applicable, then in effect shall continue
to have the force of law until December 1 of that year, and
thereafter until a reapportionment plan has been adopted by the
Senate or the House of Representatives, as applicable.
(q) Publication.--Any reapportionment plan adopted by the
commission shall be published by the elections officer of the
Commonwealth who under law shall have supervision over elections
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 by districts, and a map
showing the reapportionment 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 these proposed constitutional amendments, 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 these proposed constitutional amendments.
(b) Upon the second passage by the General Assembly of these
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proposed constitutional amendments, 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
these proposed constitutional amendments. The Secretary of the
Commonwealth shall submit the proposed constitutional amendments
under section 1 of this resolution to the qualified electors of
this Commonwealth as a single ballot question 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 amendments are
passed by the General Assembly.
(c) The Secretary of the Commonwealth shall state the
integrated ballot question under section 1 as follows:
Do you favor amending the Pennsylvania Constitution,
beginning with the general election of 2024, to achieve
the singular purpose of restructuring the reapportionment
process for the State Legislature, in an interrelated
fashion, by maintaining existing provisions on existence
of a commission to reapportion the State Senate and House
of Representative districts, on judicial review, and on
nonresident Senators; by revising existing provisions on
commission membership, on procedure and operation, on
legislative oversight, on appropriations, on remedies,
and on public notification; and by adding provisions on
eligibility and appointment of commission members and on
legislative oversight?
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