PRIOR PASSAGE - NONE
PRINTER'S NO. 1485
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1022
Session of
2020
INTRODUCED BY BOSCOLA, KILLION, COSTA, FARNESE, COLLETT,
KEARNEY, LEACH, SANTARSIERO AND YUDICHAK, JANUARY 31, 2020
REFERRED TO STATE GOVERNMENT, JANUARY 31, 2020
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, deleting provisions relating to
the Legislative Reapportionment Commission; and providing for
the Independent Redistricting 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(1) That section 17 of Article II be repealed:
[§ 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
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by each of them, and a chairman selected as hereinafter
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
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exceptions were filed to prepare and file with such elections
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
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compensation not paid.
(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:
§ 18. Independent Redistricting Commission.
(a) In each year following the year of the Federal decennial
census, an Independent Redistricting Commission shall be
constituted for the purpose of redistricting the Commonwealth.
The commission shall adopt a redistricting plan for legislative
and congressional districts on the basis of each Federal
decennial census in accordance with this section and such laws
as the General Assembly may enact to implement this section.
(b) The commission shall consist of eleven members, as
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follows: four voters who are registered with the largest
political party in this Commonwealth based on registration; four
voters who are registered with the second largest political
party in this Commonwealth based on registration; and three
voters who are not registered with either of the two largest
political parties in this Commonwealth based on registration.
(c) The General Assembly shall prescribe by law the
qualifications to serve as a commission member, the reasons for
which members may be removed, and the manner by which vacancies
shall be filled. No person shall be eligible who in the five
years immediately preceding the date of appointment to the
commission:
(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.
(d) The membership of the commission shall reasonably
reflect the racial, geographic and gender diversity of this
Commonwealth.
(e) The Secretary of the Commonwealth shall appoint members
of the commission through a random selection process which the
General Assembly shall prescribe by law.
(f) Seven members of the commission shall constitute a
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quorum and seven or more affirmative votes shall be required for
any official action. A final redistricting plan must be approved
by at least seven affirmative votes that must include at least
two votes of members registered with each of the two largest
political parties in this Commonwealth based on registration and
two votes of members who are not registered with either of the
two largest political parties.
(g) All commission meetings that are attended or
participated in by a quorum of the members held for the purpose
of deliberating official business or taking official action
shall be open to the public. Commission members and their
employees and advisors shall not communicate with or receive
communications from any other person about redistricting matters
unless during an open public meeting or under such exceptions as
the General Assembly may prescribe by law.
(h) In establishing districts, except as necessary to comply
with subsection (i)(4), the commission shall not consider the
following data:
(1) Addresses of any individual.
(2) Political affiliations of registered voters.
(3) Previous election results, unless required by Federal
law.
(i) 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.
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(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. A county may not contain more
congressional districts than the number required by the
population plus one. The commission shall provide a written
explanation for each division.
(4) A redistricting plan shall not purposefully or unduly
favor or disfavor any incumbent elected official, candidate or
prospective candidate for elective office. A redistricting plan
on a statewide basis shall not purposefully or unduly favor or
disfavor any political party.
(5) Districts shall provide racial minorities an equal
opportunity to participate in the political process and may not
dilute or diminish their ability to elect candidates of choice
whether alone or in coalition with others.
(j) The commission shall conduct at least eight public
hearings in different geographic regions of this Commonwealth
according to a schedule that the General Assembly shall
prescribe by law.
(k) Not later than November 1 of each year ending in one,
the commission shall approve a final redistricting plan. Upon
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approval, the commission shall certify the plan to the Secretary
of the Commonwealth, and that plan shall constitute the
certified final plan.
(l) If the commission does not complete and approve a final
redistricting plan by November 1, the following shall apply:
(1) The commission shall consider proposed plans for each
category of district separately from all other categories.
(2) Each commissioner or group of commissioners may propose
one plan in each category. Each proposed plan shall be
accompanied by a written report that demonstrates the plan's
compliance with all applicable Federal and State laws, including
redistricting criteria.
(3) All proposed plans and supporting written reports shall
be made available for public review and comment for a period of
ten days.
(4) After the close of the public comment period, the
commission shall vote on all proposed plans as follows:
(i) Each commissioner shall rank the plans submitted in each
category according to preference, with each plan being assigned
a point value inverse to its ranking among the number of choices
in a category, giving the lowest ranked plan one point and the
highest ranked plan a point value equal to the number of plans
submitted in that category.
(ii) The plan or plans receiving the lowest combined ranking
in each category shall be eliminated.
(iii) The commission shall repeat the process until only one
plan remains in each category.
(5) Upon approval of plans for all categories, the
commission shall certify the resulting combined plan to the
Secretary of the Commonwealth, and that plan shall constitute
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the certified final plan.
(m) An aggrieved person who is a registered voter in this
Commonwealth may file a petition with the Supreme Court within
30 days after the commission has certified a final plan to the
Secretary of the Commonwealth to bar the Secretary of the
Commonwealth from implementing the plan on the grounds that the
filed plan violates the Constitution of the United States, this
Constitution or any Federal or State statute. The commission
shall have sole legal standing to defend an action regarding a
certified final plan.
(n) If the commission does not file a final redistricting
plan by December 15 of each year ending in one, unless the time
be extended by the Supreme Court for cause shown, the Supreme
Court shall immediately proceed on its own motion to approve a
redistricting plan. The Supreme Court shall certify the plan to
the Secretary of the Commonwealth, and that plan shall
constitute the certified final plan.
(o) The final plan shall have the force of law and the
districts provided in the plan shall be used thereafter in
elections to the General Assembly and Congress until the next
redistricting as required under this section.
(p) The Department of State shall provide support to the
commission in the performance of its duties.
(q) The General Assembly shall prescribe by law how
commission members shall be compensated and shall appropriate
sufficient funds for the compensation and expenses of commission
members and for other necessary expenses.
(r) Upon the filing of all redistricting plans required
under this section and the exhaustion of all appeals of a
redistricting plan, the commission shall expire and its
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responsibilities shall terminate.
(s) A district that 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 the election.
(t) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Commission." The Independent Redistricting Commission.
"Commissioner" or "member." A member of the Independent
Redistricting Commission.
"Federal census." The decennial census required by Federal
law to be conducted by the United States Census Bureau in every
year ending in zero.
"Final plan." A plan for both congressional and legislative
redistricting filed with the Secretary of the Commonwealth.
"Plan." A plan for congressional or legislative
redistricting or a plan for both congressional and legislative
redistricting.
Section 2. (a) If prior to voter approval of this
constitutional amendment the General Assembly has enacted a law
establishing an Independent Redistricting Commission, the
enactment shall continue in effect to the extent not
inconsistent with this constitutional amendment. An Independent
Redistricting Commission that has been constituted under the
previously enacted law shall proceed to reapportion and
redistrict the Commonwealth's congressional, senatorial and
representative districts as if the same commission had been
constituted under the provisions contained in this
constitutional amendment.
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(b) In the event that a Legislative Reapportionment
Commission has been constituted prior to voter approval of this
constitutional amendment, the members of the Legislative
Reapportionment Commission shall immediately vacate their office
upon the issuance of the proclamation certifying voter approval
and, all proceedings pending before the Legislative
Reapportionment Commission and all records shall be transferred
to the Independent Redistricting Commission.
Section 3. (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
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
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three months after the proposed constitutional amendments are
passed by the General Assembly.
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