Regular Session 2021-2022 House Bill 2207 P.N. 2572

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

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.

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.

(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.

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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