Regular Session 2019-2020 House Bill 2327 P.N. 3377

PRINTER'S NO. 3377

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2327

Session of

2020

INTRODUCED BY GREGORY, DeLUCA, TOBASH, THOMAS, RIGBY, STEPHENS,

MUSTELLO, MEHAFFIE, DeLISSIO AND SOLOMON, FEBRUARY 24, 2020

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2020

AN ACT

Providing for the establishment, conduct and composition of the

Independent Congressional Redistricting Commission, for

adoption of congressional district maps, for prioritized

redistricting criteria, for failure to adopt final

congressional district map and for judicial review.

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Definitions.

Chapter 3. Congressional Independent Redistricting Commission

Section 301. Establishment and conduct of commission.

Section 302. Composition of commission.

Section 303. Application process.

Section 304. Qualifications and terms of commissioners.

Section 305. Selection and appointment of commissioners.

Section 306. Removal of commissioners and vacancies.

Section 307. Actions by commission.

Section 308. Adoption of congressional district maps.

Section 309. Prioritized redistricting criteria.

Section 310. Failure to adopt final congressional district map.

Section 311. Judicial review.

Section 312. Funding of commission.

Chapter 21. Miscellaneous Provisions

Section 2101. Severability.

Section 2102. Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Fair

Congressional Redistricting Act.

Section 102. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Application." An application for a position as a

commissioner on the Independent Congressional Redistricting

Commission.

"Commission." The Independent Congressional Redistricting

Commission established under section 301(a).

"Secretary." The Secretary of the Commonwealth.

CHAPTER 3

CONGRESSIONAL INDEPENDENT REDISTRICTING COMMISSION

Section 301. Establishment and conduct of commission.

(a) Establishment.--In each year ending in zero, an

Independent Congressional Redistricting Commission shall be

established for the purpose of drawing the congressional

district maps for this Commonwealth.

20200HB2327PN3377 - 2 -

(b) Conduct.--The commission shall be convened no later

than May 1 in each year ending in one. The commission shall have

the following duties:

(1) Conduct an open and transparent process enabling

full public consideration of and comment on the drawing of

congressional district maps.

(2) Draw congressional district maps according to the

redistricting criteria specified in this act.

(3) Conduct itself with integrity and fairness.

Section 302. Composition of commission.

(a) Composition.--The commission shall consist of the

following commissioners:

(1) Five commissioners who are registered with the

largest political party in this Commonwealth.

(2) Five commissioners who are registered with the

second-largest political party in this Commonwealth.

(3) Five commissioners who are not registered with the

largest political party or second-largest political party in

this Commonwealth.

(b) Diversity.--The commission as a whole shall reflect the

Commonwealth's geographic and demographic diversity, including,

but not limited to, racial, ethnic and gender diversity, to the

greatest extent practicable.

Section 303. Application process.

(a) Administration.--The secretary shall administer an

application process for individuals seeking appointment to the

commission.

(b) Process.--The following shall apply:

(1) The application period shall begin on November 15 in

each year ending in zero and end on January 15 in each year

20200HB2327PN3377 - 3 -

ending in one.

(2) The secretary shall design the application to obtain

all information necessary to determine each applicant's

qualifications, party registration, relevant experiences,

skills and commitments, including experiences with community

leadership, skills in strategic planning and commitments to

compromise and fairness. If the documentation submitted by an

applicant is insufficient to determine whether the applicant

is eligible to serve on the commission, the applicant shall

be deemed ineligible to serve on the commission.

(3) Beginning September 1 in each year ending in zero

and ending on January 15 in each year ending in one, the

secretary shall adequately provide public notice of the

application process, including, but not limited to, the

following:

(i) The application period, commissioner

qualifications and selection process in the 10 most

prominent print or online media outlets and in at least

one prominent print publication in each of the 67

counties in this Commonwealth as determined by

circulation or online readership.

(ii) The application period, commissioner

qualifications and the selection process on the home page

of all publicly accessible Commonwealth agency Internet

websites.

(iii) The application period, commissioner

qualifications and the selection process on local

television stations during local news broadcasts in this

Commonwealth.

(iv) The application period, commissioner

20200HB2327PN3377 - 4 -

qualifications and the selection process in media outlets

that serve specific racial and ethnic communities in this

Commonwealth.

(4) The secretary shall continue to accept applications

until all of the following are satisfied:

(i) At least 60 individuals who are registered with

the largest political party in this Commonwealth have

applied.

(ii) At least 60 individuals who are registered with

the second-largest political party in this Commonwealth

have applied.

(iii) At least 60 individuals who are not registered

with the largest political party or second-largest

political party in this Commonwealth have applied.

(5) If between November 15 and January 15 or the close

of the application period, the secretary has not received at

least 60 applications from the applicants specified under

paragraph (4)(i), (ii) and (iii), the secretary shall

continue to accept applications until all of the following

are satisfied:

(i) At least 60 individuals who are registered with

the largest political party in this Commonwealth have

applied.

(ii) At least 60 individuals who are registered with

the second-largest political party in this Commonwealth

have applied.

(iii) At least 60 individuals who are not registered

with the largest political party or second-largest

political party in this Commonwealth have applied.

20200HB2327PN3377 - 5 -

(1) An applicant must disclose, under the penalty of

perjury, the following information pertaining to the six

years before the submission of an application:

(i) Party registration.

(ii) Relevant leadership and community experiences.

(iii) All political contributions over $250 to

Federal, State or municipal candidates or to any

committee supporting or opposing the election of

candidates to Federal, State or municipal office.

(iv) Contractual and other financial interests with

the Commonwealth and with any other government-related

entity.

(2) Information disclosed under paragraph (1) shall be

made publicly available on the commission's publicly

accessible Internet website under section 307(c).

Section 304. Qualifications and terms of commissioners.

(a) Qualifications.--The following shall apply:

(1) An individual shall be eligible to serve as a

commissioner if, during the three years before submission of

an application, the individual has met all of the following

criteria:

(i) The individual has been continuously registered

as a voter in this Commonwealth.

(ii) The individual has voted in one of the last

three Statewide elections.

(iii) The individual has been continuously

registered to vote in this Commonwealth and is

unaffiliated with a political party in this Commonwealth

or the individual has been continuously registered with

any of the following:

20200HB2327PN3377 - 6 -

(A) The largest political party in this

Commonwealth.

(B) The second-largest political party in this

Commonwealth.

political party or second-largest political party in

this Commonwealth.

(2) An individual may not serve as a commissioner if,

during the six years before submission of an application, the

individual:

(i) has been a candidate for or has been elected or

appointed to any Federal, State, county or first class or

second class city office or judgeship;

(ii) has served as an elected or appointed member of

the Federal, State or county committee of a political

party;

(iii) has served as an officer, employee or paid

consultant to a political party, a political action

committee or a campaign committee of a candidate for

Federal or State public office; or

(iv) has been registered as a lobbyist as defined in

65 Pa.C.S. § 13A03 (relating to definitions) or a

lobbyist under the Lobbying Disclosure Act of 1995

(Public Law 104-65, 2 U.S.C. § 1601 et seq.).

(3) Any of the following may not serve as a

commissioner:

(i) A staff member of, consultant to, contractor for

or any individual with an immediate family relationship

with an elected or appointed official or judge

disqualified under paragraph (2)(i).

20200HB2327PN3377 - 7 -

(ii) A member of Congress.

(iii) A member of the General Assembly.

(iv) An employee of the secretary.

(b) Terms.--A commissioner's term shall expire upon the

appointment of the succeeding commission.

Section 305. Selection and appointment of commissioners.

(a) Selection.--The following shall apply:

(1) From the applications received, the secretary shall

select 120 applicants who meet the requirements under this

act to serve on the commission by February 15 of each year

ending in one. The secretary shall give due consideration to

promoting the racial, ethnic, demographic and gender

diversity of the selected applicants.

(2) The secretary shall divide the 120 applicants

selected under paragraph (1) into the following categories:

(i) Forty applicants who are registered with the

largest political party in this Commonwealth.

(ii) Forty applicants who are registered with the

second-largest political party in this Commonwealth.

(iii) Forty applicants who are not registered with

the largest political party or second-largest political

party in this Commonwealth.

(3) After selecting and dividing the applicants under

paragraphs (1) and (2), the secretary shall transmit their

applications to the chair and minority chair of the State

Government Committee of the Senate and the chair and minority

chair of the State Government Committee of the House of

Representatives. Upon receipt of the applications, the chair

and minority chair the State Government Committee of the

Senate and the chair and minority chair of the State

20200HB2327PN3377 - 8 -

Government Committee of the House of Representatives shall

reduce each category of applicants under paragraph (2) by

five applicants for a total of 60 reductions by March 1 of

each year ending in one. No more than one chair or minority

chair of the State Government Committee of the Senate or the

State Government Committee of the House of Representatives

may remove an individual applicant from consideration. In

reducing the size of each category of applicants under

paragraph (2), the chair and minority chair of the State

Government Committee of the Senate and the chair and minority

chair of the State Government Committee of the House of

Representatives shall give due consideration to promoting the

racial, ethnic, demographic and gender diversity of the

commission.

(b) Appointments.--The following shall apply:

(1) From the applicants remaining after the reduction of

applicants under subsection (a), the Majority Leader and

Minority Leader of the Senate and the Majority Leader and

Minority Leader of the House of Representatives shall each

appoint one commissioner who belongs to the appointer's

political party by April 1 of each year ending in one. In

making the appointments, the Majority Leader and Minority

Leader of the Senate and the Majority Leader and Minority

Leader of the House of Representatives shall give due

consideration to promoting the overall racial, ethnic,

demographic and gender diversity of the commission.

(2) No later than April 7 of each year ending in one

after the appointments are made under paragraph (1), the

secretary shall, at a public meeting, randomly appoint the

following:

20200HB2327PN3377 - 9 -

(i) One commissioner who is registered with the

largest political party in this Commonwealth.

(ii) One commissioner who is registered with the

second-largest political party in this Commonwealth.

(iii) Three commissioners who are not registered

with the largest political party or second-largest

political party in this Commonwealth.

(3) After the appointments are made under paragraph (2),

the nine commissioners appointed shall meet publicly,

promptly review the remaining applications and by majority

vote, including the vote of at least one commissioner

appointed from each category of applicants under subsection

(a)(2), appoint the final six commissioners. The final six

commissioners shall consist of two commissioners appointed

from each category of applicants under subsection (a)(2). The

final six commissioners shall be appointed in a manner that

ensures that the commission is as representative of the

Commonwealth's geographic, racial, gender, ethnic and other

demographic diversity as possible and possesses the relevant

skills to perform the duties specified under this act.

Section 306. Removal of commissioners and vacancies.

(a) Removal.--

(1) A commissioner may be removed by a majority vote of

the other commissioners, comprised of no less than the

following:

(i) One commissioner who is registered with the

largest political party in this Commonwealth.

(ii) One commissioner who is registered with the

second-largest political party in this Commonwealth.

(iii) One commissioner who is not registered with

20200HB2327PN3377 - 10 -

the largest political party or the second-largest

political party in this Commonwealth.

(2) A commissioner may be removed after the commissioner

receives proper notice and an opportunity to be heard if the

commissioner:

(i) exhibits a substantial neglect of duty or gross

misconduct or is otherwise unable to discharge the

commissioner's duties; or

(ii) missed three consecutive meetings at which a

vote is taken unless the absence is due to serious

illness of the commissioner or death of the

commissioner's immediate family member.

(3) Any vote to remove a commissioner under paragraph

(1) shall be in accordance with section 307(a).

(4) As used in this subsection, the term "substantial

neglect of duty" means any conduct that demonstrates a

commissioner's inability to act with integrity and fairness,

including the failure to comply with the communications

disclosure required specified under section 307(d).

(b) Vacancies.--The commission shall fill any vacancy

created under subsection (a) by appointing a qualified

individual who is willing to serve from the applicants selected

under 305(a)(1) and the same category of applicants under

section 305(a)(2) that the commissioner who created the vacancy

was appointed from before the vacancy was created.

Section 307. Actions by commission.

(a) Actions.--Actions by the commission shall be in a public

meeting by the affirmative vote of no less than nine

commissioners, including the following:

(1) At least two commissioners registered with the

20200HB2327PN3377 - 11 -

largest political party in this Commonwealth.

(2) At least two commissioners registered with the

second-largest political party in this Commonwealth.

(3) At least two commissioners who are not registered

with the largest political party or second-largest political

party in this Commonwealth.

(b) Chair and vice chair.--At the first meeting of the full

commission, the commissioners shall select one of the

commissioners to serve as a chair and one of the commissioners

to serve as a vice chair. The chair and vice chair may not be

registered with the same political party.

(1) No later than September 1 of each year ending in

zero, the secretary shall establish a publicly accessible

Internet website for the commission. Once the commissioners

have been appointed under section 305 and a web manager has

been hired by the secretary, the commission shall assume

responsibility for managing and updating the Internet

website.

(2) The Internet website shall include, but not be

limited to, all of the following information:

(i) A description of the role of the commission.

(ii) Timely information about the application

process and public bidding process.

(iii) Timely information about the time, place and

purpose of commission meetings.

(iv) A portal for the submission of proposed

congressional district maps.

(v) All congressional district maps drawn by the

commission or submitted by the public.

20200HB2327PN3377 - 12 -

(vi) The underlying data used to create or evaluate

maps in a format easily usable for analysis.

(vii) Precinct-level shapefiles and census block

equivalency.

(viii) Precinct-level results from Statewide primary

and general elections for the past 10 years.

(ix) All reports analyzing the maps and transcripts

of the commission.

(x) A video archive of all meetings of the

commission.

(3) The commission shall post any data regarding

congressional redistricting on the publicly accessible

Internet website at the same time it is made available to the

commission and the data shall be considered public record as

defined in section 102 of the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(d) Communications.--

(1) The commission shall be considered a public body

subject to 65 Pa.C.S. Ch. 7 (relating to open meetings), the

Right-to-Know Law and mileage reimbursement as provided by

the laws of this Commonwealth.

(2) Except for documents or communications subject to

attorney-client privilege, documents or communications

created or received by a commissioner, a commission staff

member or a consultant to the commission as a part of the

commission's duties under this act shall not be exempt by any

privilege.

(3) Records pertaining to a commission's action on a

preliminary congressional district map or the analysis of a

preliminary congressional district map shall be publicly

20200HB2327PN3377 - 13 -

disclosed on the commission's publicly accessible Internet

website under subsection (c) as soon as practicable after the

records are created.

(4) A commissioner, commission staff member or

consultant to the commissioner may not communicate with any

outside persons attempting to influence the congressional

district map drawing process outside of public meetings and

public comment periods. To the extent that a commissioner,

commission staff member or consultant to the commissioner

receives a communication described under this paragraph, the

communication shall be publicly disclosed on the commission's

publicly accessible Internet website under subsection (c) as

soon as practicable after the communication is received.

(e) Public hearings.--The following shall apply:

(1) To identify communities of interest and obtain other

information relevant to the drawing of congressional

districts, the commission shall seek public input. Before any

proposed congressional district maps are drawn, the

commission shall hold no less than nine public hearings

across this Commonwealth to solicit testimony from a

representative cross-section of this Commonwealth's

population. The commission shall provide at least 14 days'

notice before a public hearing is held as specified under

paragraph (2).

(2) The commission shall adequately advertise a public

hearing and schedule a public hearing in a manner to

encourage attendance, including scheduling the public hearing

outside of regular work hours and using technology that

allows for real-time, virtual participation and feedback in

the public hearing. The commission shall record a public

20200HB2327PN3377 - 14 -

hearing and post a video of the public hearing on the

commission's publicly accessible Internet website under

section 307(c) within three days of the public hearing.

(f) Public participation.--

(1) The commission shall provide a meaningful

opportunity for all persons to participate in the

congressional redistricting process, including, but not

limited to, the following:

(i) Issuing the notice under subsection (e)(1) in

multiple languages.

(ii) Ensuring that adequate translation services are

available at public hearings.

(iii) Complying with all Federal and State law

protections for individuals with disabilities.

(2) If the initial public input during the commission's

public hearings does not appear to represent the diversity of

this Commonwealth, the commission shall take remedial steps,

including, but not limited to, conducting additional

outreach, holding additional public hearings and identifying

underrepresented communities.

Section 308. Adoption of congressional district maps.

(a) Public submissions.--During the proposed congressional

district map drawing process, any member of the public may

submit maps, portions of maps or other comments for

consideration by the commission. Submissions under this

subsection shall be made publicly available on the commission's

publicly accessible Internet website under section 307(c) and

open to comment.

(b) Proposed and final maps.--The following shall apply:

(1) The commission shall release a proposed

20200HB2327PN3377 - 15 -

congressional district map and display the proposed

congressional district map for a minimum of 30 days for

public comment in a manner designed to achieve the widest

public access reasonably possible before acting to approve a

final congressional district map.

(2) The commission shall hold no fewer than six public

hearings in different regions of this Commonwealth after the

release of a proposed congressional district map under

paragraph (1) and accept comments on the commission's

publicly accessible Internet website under section 307(c) and

through paper submissions. The commission may not hold more

than one hearing in a congressional district.

(3) Upon releasing a proposed congressional district map

under paragraph (1), the commission shall release population

data, geographic data, election data and any other data used

to create or evaluate the proposed congressional district

map.

(4) Before approving a final congressional district map,

the commission must make the final congressional district map

available for public view and comment for at least seven

days. No later than October 15 of each year ending in one,

the commission shall act to approve a final congressional

district map. Upon approval, the commission shall certify the

final congressional district map to the secretary.

(5) The commission shall release with a proposed

congressional district map and the final congressional

district map written evaluations that measure the maps

against external metrics. The metrics shall include the

following information:

(i) The impact of the congressional district maps on

20200HB2327PN3377 - 16 -

the ability of racial or language minorities to elect

candidates of choice.

(ii) Measures of partisan fairness using multiple

accepted methodologies.

(iii) The degree to which the congressional district

maps preserve or divide communities of interest and

counties.

Section 309. Prioritized redistricting criteria.

(a) Map drawing criteria.--The commission shall establish

single-member congressional districts using the following

criteria set forth in the following order of priority:

(1) Congressional districts shall comply with the

Constitution of the United States and all applicable Federal

laws.

(2) Congressional districts shall comply with the

Constitution of Pennsylvania.

(3) Congressional districts shall be geographically

contiguous.

(4) Congressional districts shall provide racial and

language minorities with an equal opportunity to participate

in the political process and shall not dilute or diminish

their ability to elect candidates of choice by themselves or

in a coalition with others.

(5) Congressional districts shall respect the integrity

of communities of interest to the extent practicable. Absent

compelling evidence to the contrary, respecting communities

of interest shall include minimizing county, city, borough

and township boundary splits to the extent practicable. As

used in this paragraph, the term "community of interest"

shall not include common relationships with political parties

20200HB2327PN3377 - 17 -

or political candidates.

(b) Prohibitions.--The commission shall comply with all of

the following when drawing a final congressional district map:

(1) A final congressional district map shall not, when

considered on a Statewide basis, unduly favor or disfavor any

political party, candidate or incumbent.

(2) A congressional district in a final congressional

district map shall not dilute or diminish the ability of

racial and language minorities to elect candidates of their

choice by themselves or in a coalition with others.

(3) The commission shall not consider the addresses of

incumbent members of Congress in the drawing of a final

congressional district map and may only consider election

data after the nine hearings soliciting public input on

communities of interest have been conducted under section

307(e).

(4) The commission shall not split precincts unless

necessary to satisfy the congressional district map drawing

criteria specified under subsection (a). If the commission

finds it is necessary to split a precinct, the commission

shall explain its decision in its written evaluation and

inform the secretary.

Section 310. Failure to adopt final congressional district map.

(a) Transmission to General Assembly.--If the commission

fails to adopt a final congressional district map by October 15

of each year ending in one, the final congressional district map

made available for public view under section 308(b)(4) shall

be transmitted to the General Assembly with the written

evaluations under section 308(b)(5) no later than October 21 of

each year ending in one. A commissioner may submit additional

20200HB2327PN3377 - 18 -

written comments with the final congressional district map

transmitted under this subsection.

(b) Approval of final map.--No later than December 1 of each

year ending in one, the Senate and the House of Representatives

must approve the same congressional district map transmitted

under subsection (a) by a majority vote before the congressional

district map can be certified as the final congressional

district map by the secretary.

tempore of the Senate and the Speaker of the House of

Representatives shall promptly bring the congressional district

map transmitted under subsection (a) to the floor of the

appropriate chambers for a floor vote. If the congressional

district map does not garner votes totaling 50% plus one of the

total number of voting members of the General Assembly in both

chambers, the commission shall submit a new congressional

district map to the General Assembly within seven days. The

General Assembly shall vote on the new congressional district

map in accordance with this section and the process specified

under this subsection shall continue until a congressional

district map garners a majority vote in the Senate and the House

of Representatives.

Section 311. Judicial review.

(a) Legal standing.--The commission shall be the only entity

with standing to defend a legal action regarding a final

congressional district map from money appropriated by the

General Assembly funding to defend any such action. The

commission shall select the legal counsel to defend a legal

action regarding a final congressional district map.

(b) Jurisdiction.--The Supreme Court shall have original

20200HB2327PN3377 - 19 -

jurisdiction in all proceedings in which a final congressional

district map is subject to a legal action.

file a petition for legal action within 45 days after the final

congressional district map has been certified by the secretary

or approved by the General Assembly under section 310(b). The

Supreme Court shall consolidate legal actions if multiple

petitions are filed and prioritize redistricting-related

petitions.

Section 312. Funding of commission.

(a) Compensation.--Commissioners shall be compensated at the

rate of $300 for each day the commissioner is engaged in

commission business. The compensation under this subsection

shall be adjusted for inflation for each commission. Employees

of the Department of State and commissioners shall be reimbursed

for reasonable personal expenses incurred in connection with

duties performed in accordance with this act and as otherwise

prescribed by the laws of this Commonwealth for employees of

this Commonwealth.

(b) Funding.--The General Assembly shall allocate sufficient

funding for the commission to meet estimated expenses for a

three-year period, including, but not limited to, expenses

incurred in the selection of commissioners, hiring staff and a

Statewide public education and outreach program.

make adequate office space available for the operation of the

commission.

(d) Commission staff.--The following shall apply:

(1) The commission shall hire technical staff,

administrative staff, legal counsel, a web manager and other

20200HB2327PN3377 - 20 -

technical consultants as necessary through a public bid

process in accordance with 62 Pa.C.S. (relating to

procurement).

(2) A person employed by the commission shall act in the

public interest of the residents of this Commonwealth and not

any individual, entity or special interest.

CHAPTER 21

MISCELLANEOUS PROVISIONS

Section 2101. Severability.

The provisions of this act are severable. If any provision of

this act or its application to any person or circumstance is

held invalid, the invalidity shall not affect other provisions

or applications of this act which can be given effect without

the invalid provision or application.

Section 2102. Effective date.

This act shall take effect immediately.

20200HB2327PN3377 - 21 -