PRINTER'S NO. 1659
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1473
Session of
2023
INTRODUCED BY SOLOMON, KENYATTA, VENKAT, MADDEN, WEBSTER,
D. WILLIAMS, PROBST AND HILL-EVANS, JUNE 21, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 21, 2023
AN ACT
Providing for legislative and congressional redistricting and
for proceedings of the Legislative Reapportionment
Commission.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Section 103. Duties of Legislative Data Processing Committee.
Chapter 3. Legislative Reapportionment Commission
Section 301. Chair.
Section 302. Transparency.
Section 303. Legislative redistricting process.
Chapter 5. Legislative Redistricting Plans
Section 501. Content of plans.
Section 502. Redistricting criteria.
Section 503. Political discrimination.
Chapter 7. Congressional Redistricting Plans
Section 701. Form and content of plans.
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Section 702. Transparency.
Section 703. Congressional redistricting process.
Section 704. Redistricting criteria.
Section 705. Political discrimination.
Chapter 9. Data Transparency
Section 901. Public website.
Section 902. Redistricting data.
Section 903. Timing.
Chapter 21. Miscellaneous Provisions
Section 2101. 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 Legislative
and 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:
"Commission." The entity authorized by section 17 of Article
II of the Constitution of Pennsylvania to adopt a legislative
redistricting plan.
"Committee." The State Government Committee of the Senate
and the State Government Committee of the House of
Representatives or their successor committees.
"Community of interest." A neighborhood or a geographically
confined area of individuals who share similar social, cultural
and economic interests or other shared interests that may be
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subject to legislative action. The term does not include a
shared relationship with a political party, incumbent or
political candidate.
"Congressional redistricting plan." A redistricting plan for
congressional districts drawn under the requirements of this
act.
"Federal census." The decennial census required by Federal
law to be conducted by the United States Bureau of the Census in
every year ending in zero.
"Legislative Data Processing Committee." The entity created
under section 1(a) of the act of December 10, 1968 (P.L.1158,
No.365), entitled "An act creating and establishing the
Legislative Data Processing Committee: providing for its
membership; prescribing its powers, functions and duties; and
making an appropriation."
"Legislative district." The term includes senatorial
districts and representative districts.
"Legislative redistricting plan." A plan adopted pursuant to
Article II of the Constitution of Pennsylvania and this act. The
term includes a reapportionment plan.
"Political subdivision." A county, city, incorporated town,
borough, township or ward.
"Reapportionment plan." A congressional redistricting plan
or legislative redistricting plan drawn under the requirements
of this act.
"Responsive." A district shall be responsive if voting
blocks are substantially and similarly able to translate their
popular support into representation in an elected body and if
the representation is substantially and similarly reflective of
shifts in the electorate's preferences.
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"Secretary." The Secretary of the Commonwealth.
"Shapefile." A simplified, nontopological format for storing
geometric location and attribute information of geographic
areas.
Section 103. Duties of Legislative Data Processing Committee.
Not later than 30 days after the official reporting of the
Federal census, the Legislative Data Processing Committee shall:
(1) Obtain from the United States Census Bureau the
population data needed for redistricting that the Census
Bureau is required to provide the Commonwealth under 13
U.S.C. ยง 141 (relating to population and other census
information).
(2) Use the data obtained to:
(i) Prepare necessary descriptions of census blocks,
precincts, wards, municipalities and counties for which
census data is reported and that are suitable for use as
components of legislative and congressional districts.
(ii) Assign a population figure based upon census
data to each geographic and political unit under
subparagraph (i).
(iii) Prepare maps of census blocks, precincts,
wards, municipalities and counties within this
Commonwealth that may be used to illustrate the locations
of district boundaries proposed in reapportionment plans.
CHAPTER 3
LEGISLATIVE REAPPORTIONMENT COMMISSION
Section 301. Chair.
(a) Qualifications.--The chair of the commission shall be a
resident of this Commonwealth, other than a Federal, State or
local official holding an office to which compensation is
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attached, who has:
(1) Voted in two of the last three Statewide general
elections immediately preceding the date of appointment to
the commission.
(2) Not registered nor has a spouse who has registered
as a Federal or State lobbyist in this Commonwealth in the
five years immediately preceding the date of appointment to
the commission.
(3) Not been nominated nor has a spouse who has been
nominated as a candidate for elective office in this
Commonwealth by a political party or political body in the
five years immediately preceding the date of appointment to
the commission.
(4) Not served nor 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 in the five years immediately preceding the date
of appointment to the commission.
(b) Ethical standards.--The provisions of 65 Pa.C.S. Ch. 11
(relating to ethics standards and financial disclosure) shall
apply to the commission chair, who shall complete and file a
financial disclosure report prior to taking office and one year
after leaving office.
Section 302. Transparency.
(a) Open meetings.--All proceedings of the commission
related to legislative redistricting under this act shall comply
with 65 Pa.C.S. Ch. 7 (relating to open meetings). The
proceedings of the commission shall be electronically and
contemporaneously broadcast on the website created under
Chapter 9 in a way that allows for as much public viewing and
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interaction as possible. To ensure public participation,
meetings and hearings shall be widely advertised in multiple
languages, where necessary, and be held at times that allow for
broad attendance.
(b) Public comments.--The commission shall develop a system
for receiving written comments from the public, including all
electronic mail formats and a comment portal on the website
created under Chapter 9. The portal shall be able to facilitate
real-time public comment during live-streamed commission
meetings and hearings. This information shall be reviewed by the
commission and given consideration equal to consideration given
to the in-person testimony of those who have appeared before the
commission.
Section 303. Legislative redistricting process.
(a) Resident plans.--Any resident of this Commonwealth may
submit to the commission a legislative redistricting plan for
any or all legislative districts or parts of districts.
(b) Preliminary plan.--
(1) Prior to the date that a preliminary legislative
redistricting plan is filed with the secretary, the
commission shall schedule and conduct at least four public
hearings in different regions of this Commonwealth.
(2) Upon completion of the public hearings, the
commission shall approve a preliminary legislative
redistricting plan at a public meeting upon not less than
seven days' prior notice to the public. The commission shall
file the approved plan with the secretary.
(3) Records pertaining to the commission's action on a
preliminary plan shall be publicly disclosed on the publicly
accessible Internet website created under Chapter 9 as soon
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as practicable after the records are created.
(4) No later than 15 days after any person aggrieved by
the preliminary plan files timely exceptions to the plan, the
commission shall schedule and conduct at least two public
hearings to hear testimony regarding the exceptions.
(c) Approval of final plan.--The commission shall approve a
final plan at a public meeting upon not less than seven days'
prior notice to the public. The commission shall release the
proposed final plan and display the proposed plan on the website
created under Chapter 9 for at least seven days prior to the
meeting at which the final plan is approved. Upon approval, the
final plan shall be filed with the secretary.
CHAPTER 5
LEGISLATIVE REDISTRICTING PLANS
Section 501. Content of plans.
A legislative redistricting plan shall include the following:
(1) The senatorial and representative districts
authorized by the Constitution and the political
subdivisions, or parts thereof, to be included within each
district.
(2) Maps depicting the division of the Commonwealth into
senatorial and representative districts and all political
subdivisions, or parts thereof, to be included within each
district.
(3) The underlying data used to create or evaluate maps
in a format easily usable for analysis.
(4) Precinct-level shapefiles and census block
equivalency files.
(5) An explanation of the necessity for each division of
a political subdivision.
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(6) An explanation of how each district map complies
with the criteria required under sections 502 and 503 and
responds to public comment.
Section 502. Redistricting criteria.
In addition to the requirements of section 16 of Article II
of the Constitution and Federal law, the following shall apply
to the drawing of legislative district lines:
(1) Districts shall provide racial and language
minorities with an equal opportunity to participate in the
political process and may not dilute or diminish their
ability to elect candidates of choice by themselves or in
coalition with others.
(2) A county may not contain more senatorial districts
than the number required by the population plus one.
(3) A county may not contain more representative
districts than the number required by the population plus
two.
(4) A legislative redistricting plan shall not divide
precincts.
(5) To the extent possible without violating the
preceding criteria, in the following order of priority, a
legislative redistricting plan shall:
(i) keep communities of interest intact;
(ii) be responsive, as measured by one or more
widely accepted measures of responsiveness; and
(iii) conform district boundaries to natural
boundaries existing in the physical geography of an area.
Section 503. Political discrimination.
A legislative redistricting plan shall not purposefully or
unduly favor or disfavor any incumbent elected official,
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candidate or prospective candidate for elective office. A
legislative redistricting plan, on a Statewide basis, shall not
purposefully or unduly favor or disfavor any political party.
CHAPTER 7
CONGRESSIONAL REDISTRICTING PLANS
Section 701. Form and content of plans.
A congressional redistricting plan shall be in the form of a
bill listing the congressional districts allocated to the
Commonwealth and the political subdivisions, or parts thereof,
to be included within each district.
Section 702. Transparency.
(a) Open meetings.--All proceedings of the committees
related to redistricting under this act shall comply with 65
Pa.C.S. Ch. 7 (relating to open meetings), particularly those
requirements under 65 Pa.C.S. ยง 712 (relating to General
Assembly meetings covered). The proceedings of the committees
shall be electronically and contemporaneously broadcast on the
website created under Chapter 9 in a way that allows for as much
public viewing as possible. To ensure public participation,
meetings and hearings shall be widely advertised in multiple
languages, where necessary, and be held at times that allow for
broad attendance.
(b) Public comments.--The committees shall develop a system
for receiving written comments from the public, including all
electronic mail formats and a comment portal on the website
created under Chapter 9. The portal should be able to facilitate
real-time public comment during live-streamed committee meetings
and hearings. This information shall be reviewed by the
committees and given consideration equal to consideration given
to the in-person testimony of those who have appeared before the
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committees.
Section 703. Congressional redistricting process.
(a) Resident plans.--Any resident of this Commonwealth may
submit a congressional redistricting plan for any or all
congressional districts or parts of districts for consideration
by the committees.
(b) Preliminary hearings.--Not later than 60 days after the
official reporting of the Federal census, the committees shall
conduct at least four public hearings in different regions of
this Commonwealth to receive testimony on redistricting of the
Commonwealth's congressional districts. The committees may
convene as a joint committee for this purpose or may agree to
divide the hearings as they deem advisable.
(c) Preliminary committee plans.--Upon completion of the
hearings required under subsection (b), either committee may
approve a preliminary congressional redistricting plan upon not
less than seven days' prior notice to the public. The plan shall
be available on the website created pursuant to Chapter 9 for
that seven-day period. A preliminary plan shall be supplemented
by the following:
(1) A map depicting the division of the Commonwealth
into congressional districts and the political subdivisions,
or parts thereof, to be included within each district.
(2) The underlying data used to create or evaluate maps
in a format easily usable for analysis.
(3) Precinct-level shapefiles and census block
equivalency files.
(4) An explanation of the necessity for each division of
a political subdivision.
(5) An explanation of how each district map complies
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with the criteria described in this section and section 704
and responds to public comment.
(d) Hearings on preliminary plans.--Upon approval of a
preliminary plan, the committee shall conduct at least four
public hearings in different regions of this Commonwealth to
receive testimony on the preliminary plan.
(e) Committee action.--Upon completion of the hearings
required under subsection (d) and not less than seven days'
prior notice to the public, the committee shall consider any
proposed amendments to the preliminary plan and report the plan
and supplementary information for consideration by the Senate or
House of Representatives.
Section 704. Redistricting criteria.
In addition to the requirements of Federal law, the following
shall apply to the drawing of congressional district lines:
(1) Districts shall be composed of compact and
contiguous territory and, unless absolutely necessary, no
county, city, incorporated town, borough, township or ward
shall be divided.
(2) Districts shall provide racial and language
minorities with an equal opportunity to participate in the
political process and may not dilute or diminish their
ability to elect candidates of choice by themselves or in
coalition with others.
(3) A county may not contain more congressional
districts than the number required by the population plus
one.
(4) A congressional redistricting plan may not divide
precincts.
(5) To the extent possible without violating the
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preceding criteria, in the following order of priority, a
congressional redistricting plan shall:
(i) keep communities of interest intact;
(ii) be responsive, as measured by one or more
widely accepted measures of responsiveness; and
(iii) conform district boundaries to natural
boundaries existing in the physical geography of an area.
Section 705. Political discrimination.
A congressional 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.
CHAPTER 9
DATA TRANSPARENCY
Section 901. Public website.
The Legislative Data Processing Committee shall establish a
publicly accessible, user-friendly Internet website to
disseminate the information and data required by this act. All
data posted to the website must be easily available to the
public free of charge.
Section 902. Redistricting data.
During the redistricting process, the Legislative Data
Processing Center shall assist the commission and committees in
collecting and posting data to the website required under
section 901. In addition to the data and information required
under this act, which data shall include, but is not limited to,
the following:
(1) Data intended for use in drafting a preliminary plan
or any revised plan in a format easily usable for analysis.
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(2) Access to software and a portal that can be used by
any Pennsylvania resident to prepare and submit a plan.
(3) Plans submitted by residents, available in at least
PDF and shapefile formats.
(4) Adequate notice of commission meetings and public
hearings.
(5) Transcripts of testimony presented at public
meetings and hearings.
(6) Any written testimony.
(7) All written communications between the commission or
committees and other persons concerning a plan.
(8) Preliminary plans and final plans, available in at
least PDF and shapefile formats.
(9) A detailed written explanation of the differences
between a preliminary plan and final plan, how the plans
comply with criteria and how the plans incorporated public
comment and map submissions.
(10) The underlying data used to create or evaluate maps
in a format easily usable for analysis.
(11) Precinct-level shapefiles and census block
equivalency files.
(12) All reports analyzing maps.
(13) A video archive of all commission and committee
meetings and hearings.
Section 903. Timing.
All data posted on the website created under section 901
shall be provided with enough time to allow the public adequate
time to review the data, but not longer than three days after
the data's receipt by the commission, committee or the
Legislative Data Processing Center. This data shall remain
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available on the website for at least the 10 years following its
publication.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Effective date.
This act shall take effect immediately.
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