Trial Engrossment of Amendment A07472 to Senate Bill 0022 P.N. 1780, Regular Session 2017-2018

PRIOR PASSAGE - NONE

A07472

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2017

INTRODUCED BY BOSCOLA, SCAVELLO, BROWNE, SCHWANK, BLAKE,

DINNIMAN, LEACH, WILLIAMS, YUDICHAK, HAYWOOD, FARNESE,

FONTANA, TOMLINSON, HUGHES, KILLION, ALLOWAY, McGARRIGLE,

RAFFERTY, TARTAGLIONE, BARTOLOTTA, STREET AND COSTA,

FEBRUARY 27, 2017

SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, MAY 22, 2018

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, further providing for the Legislative

Reapportionment Commission for the purpose of reapportioning

and redistricting the Commonwealth of Pennsylvania.

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE COMMONWEALTH

OF PENNSYLVANIA, FURTHER PROVIDING Proposing integrated and

distinct amendments to the Constitution of the Commonwealth

of Pennsylvania, organizing the Judiciary into representative

districts and further providing for residency requirements

and FOR THE LEGISLATIVE REAPPORTIONMENT COMMISSION FOR THE

PURPOSE OF REAPPORTIONING AND REDISTRICTING THE COMMONWEALTH

OF PENNSYLVANIA.

This resolution may be referred to as the "Fair Districts

Law."

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1. The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That section 17 of Article II be amended to read:

§ 17. Legislative [Reapportionment] and Congressional

Redistricting Commission.

(a) [In each year following the year of the Federal

decennial census] Not later than December 31 of each year ending

in zero, a Legislative [Reapportionment] and Congressional

Redistricting Commission shall be constituted for the purpose of

[reapportioning] redistricting the Commonwealth. The commission

shall [act by a majority of its entire membership.]:

(1) Conduct an open and transparent process enabling full

public consideration of and comment on the drawing of district

lines.

(2) Draw district lines according to the redistricting

criteria specified in this section.

(3) Conduct itself with integrity and fairness.

[(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 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

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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 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

officer a revised reapportionment plan. If no exceptions are

filed within 30 days, or if filed and acted upon, the

commission'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

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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.

(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

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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.]

(b) The commission shall consist of 11 members, as follows:

four who are registered with the largest political party in this

Commonwealth based on registration, four who are registered with

the second-largest political party in this Commonwealth based on

registration and three who are not registered with either of the

two largest political parties in this Commonwealth based on

registration.

qualification to serve as a commission member. Each commission

member shall possess all of the following qualifications, in

addition to any qualifications prescribed by law:

(1) Be a voter who has been continuously registered in this

Commonwealth with the same political party or unaffiliated with

a political party or political body and whose political

affiliation has not changed in the three years immediately

preceding the date of appointment to the commission.

(2) Has voted in two of the last three Statewide general

elections immediately preceding the date of appointment to the

commission.

(3) Has not held or does not have an immediate family member

who has held elective public office at the Federal or State

level or elective judicial office in this Commonwealth in the

five years immediately preceding the date of appointment to the

commission.

(4) Has not served or does not have a spouse who has served

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as a paid staff member or paid consultant to Congress, the

General Assembly or staff appointed by the Governor in the five

years immediately preceding the date of appointment to the

commission.

(5) Has not registered or does not have 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.

(6) Has not been nominated or does not have a spouse who has

been nominated as a candidate for elective office by a political

party or political body or served or does not have a spouse who

has served as a paid staff member or officer of a political

party, political body, political committee or political action

committee in the five years immediately preceding the date of

appointment to the commission.

(d) Application and selection of the members of the

commission shall be subject to the following:

(1) Application to serve as a member of the commission may

be filed with, and on a form developed by, the Secretary of the

Commonwealth indicating thereon evidence of his or her

qualifications as provided by this section.

(2) The Secretary of the Commonwealth shall verify the

qualifications of each applicant. If the Secretary of the

Commonwealth finds that an applicant is not qualified, the

Secretary of the Commonwealth shall not include the applicant's

name in the pool of applicants.

(3) The Secretary of the Commonwealth shall separate all

qualified applicants into three subpools consisting of those who

are:

(i) registered with the largest political party in this

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Commonwealth based on registration;

(ii) registered with the second-largest political party in

this Commonwealth based on registration; and

(iii) not registered with either of the two largest

political parties in this Commonwealth based on registration.

(4) The Secretary of the Commonwealth shall select, on a

random basis, 40 qualified applicants from each of the three

subpools provided in paragraph (3). The Majority Leader and

Minority Leader of the Senate and the Majority Leader and

Minority Leader of the House of Representatives may each strike

up to two applicants from each subpool. Each leader shall have

no more than six strikes.

(5) After the legislative leaders have exercised their

strikes under paragraph (4), the Secretary of the Commonwealth

shall select for appointment as members of the commission on a

random basis from the remaining applicants in each of the three

subpools of qualified applicants. In addition to the

qualification requirements provided in subsection (c),

appointments from each subpool shall reasonably reflect the

racial, geographic and gender diversity of this Commonwealth.

(6) One of the members shall be selected as chair by a vote

of at least six members of the commission.

(e) The term of office of each member of the commission

shall expire at the same time the commission expires as provided

in this section.

(f) Removal of a member and vacancies on the commission

shall be subject to the following:

(1) If a member of the commission fails to attend more than

two consecutive meetings at which a vote of the commission is

scheduled, the member's position shall be deemed vacant unless

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the member is absent due to death of an immediate family member,

personal illness or illness of an immediate family member.

(2) If a member of the commission has been convicted, found

guilty or pled guilty or nolo contendere to embezzlement of

public money, bribery, perjury or other infamous crime, whether

or not sentence has been imposed, the member's position shall be

deemed vacant.

(3) A vacancy in the commission shall be filled within 14

days from the time the commission is notified of the vacancy in

the same manner that the position was originally filled and

using the same pool of applicants from which the vacating member

was chosen. If none of those remaining applicants are available

for service, the Secretary of the Commonwealth shall fill the

vacancy from a new pool of applicants created from the same

voter registration category as the vacating member.

(g) A member shall be ineligible to do the following for a

period of three years beginning from the expiration of the term

for which the member was appointed to the commission:

(1) Serve as a paid staff member or paid consultant to

Congress, the General Assembly or staff appointed by the

Governor.

(2) Register as a Federal or State lobbyist in this

Commonwealth.

(3) Serve as a paid staff member or paid political

consultant for a political party, political body, political

committee or political action committee.

(h) A member and the member's spouse shall be ineligible to

do the following for a period of five years beginning from the

expiration of the term for which the member was appointed to the

commission:

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(1) Hold an appointed position or elective public office at

the Federal or State level in this Commonwealth.

(2) Be eligible for nomination as a candidate for elective

office by a political party or political body.

(3) Hold office for a political party, political body,

political committee or political action committee.

(i) Seven members of the commission shall constitute a

quorum. Seven or more affirmative votes shall be required for

any official action. The final redistricting plan must be

approved by at least seven affirmative votes that must include

at least one vote of a member registered from each of the two

largest political parties in this Commonwealth based on

registration and one vote from a member who is not registered

with either of the two largest political parties.

(j) To begin the process of preparing information necessary

to the redistricting process, the commission shall:

(1) Acquire all necessary and appropriate information,

review and evaluate available facilities and develop programs

and procedures, that may include the use of software, in

preparation for drawing congressional and legislative

redistricting plans on the basis of each Federal census. The

commission shall make the information available to the public in

a manner prescribed by law.

(2) As soon as possible after December 31 of each year

ending in zero, obtain from the United States Census Bureau the

population data needed for legislative redistricting that the

Census Bureau is required to provide the Commonwealth under 13

U.S.C. § 141 (relating to population and other census

information) and use that data to assign a population figure

based upon census data to each geographic and political unit

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described pursuant to subparagraph (i). Upon completing that

task, the commission shall begin the preparation of

congressional and legislative redistricting plans as required by

this subsection and subsection (k). The commission shall use the

data obtained to prepare:

(i) Necessary descriptions of census blocks, voting

districts, wards, municipalities and counties that census data

will be reported and that are suitable for use as components of

districts.

(ii) Maps of census blocks, voting districts, wards,

municipalities and counties within this Commonwealth, that may

be used to illustrate the locations of district boundaries

proposed in plans.

(3) In establishing districts, the commission shall not

consider the following data:

(i) Addresses of any individual.

(ii) Political affiliations of registered voters.

(iii) Previous election results, unless required by Federal

or State law.

(k) The commission shall establish congressional and

legislative districts pursuant to a mapping process in

accordance with Federal or State law.

(l) Each plan drawn under this section shall provide that

any vacancy in the General Assembly that is filled under the

plan, occurring at a time that makes it necessary to fill the

vacancy at a special election held under section 629 of the act

of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code, shall be filled from the same district that

elected the senator or representative whose seat is vacant.

(m) The commission, within 30 days prior to the deadline for

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approval of a preliminary plan as set forth in subsection (n)

(1), shall schedule and conduct at least four public hearings in

different geographic regions of this Commonwealth.

(m.1) All commission meetings that are attended or

participated in by a quorum of the members of the commission

held for the purpose of deliberating official business of taking

official action shall be open to the public.

(n) (1) Not later than July 1 of each year ending in one,

the commission shall complete and approve a preliminary

redistricting plan and maps as required under this section and

make the preliminary plan and maps available to the public in a

manner prescribed by law.

(2) The commission, within 30 days following the deadline

for approval of a preliminary plan as provided in paragraph (1),

shall schedule and conduct at least four public hearings, in

different geographic regions of this Commonwealth, on the

preliminary plan.

(3) Not later than August 15 of each year ending in one, the

commission shall approve a final redistricting plan. Upon

approval, the commission shall certify the resulting plan to the

Secretary of the Commonwealth, and that plan shall constitute

the certified final plan.

(4) If the commission fails to approve a final plan in

accordance with paragraph (3), the following shall apply:

(i) Not later than September 1 of each year ending in one,

the commission shall complete and approve a second preliminary

redistricting plan and maps prepared in accordance with

subsections (j) and (k) and make the second preliminary plan and

maps available to the public in a manner prescribed by law.

(ii) Within 30 days following the deadline for approval of

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the second preliminary plan as set forth in subparagraph (i),

the commission shall schedule and conduct at least four public

hearings, in different geographic regions of this Commonwealth,

on the second preliminary plan.

(iii) Not later than October 15 of each year ending in one,

the commission shall approve a final redistricting plan. Upon

approval, the commission shall certify the resulting plan to the

Secretary of the Commonwealth, and that plan shall constitute

the certified final plan.

(o) If the commission does not complete and approve a final

redistricting plan by October 16 of each year ending in one, the

Secretary of the Commonwealth shall immediately petition the

Supreme Court for an order directing the appointment of a

special master to develop and complete a final redistricting

plan in accordance with the criteria and requirements provided

in subsections (j) and (k). The special master must demonstrate

expertise in geographic information systems by holding a

graduate degree in geographic information systems and currently

serving as a faculty member for a geographic information systems

program at an institution of higher learning located within this

Commonwealth and must meet the qualifications in subsection (c)

and be bound by the restrictions in subsections (g) and (h).

Upon the Supreme Court's approval of the master's plan, the

court shall certify the resulting plan to the Secretary of the

Commonwealth, and that plan shall constitute the certified final

plan.

(p) The commission has the sole legal standing to defend an

action regarding a certified final plan and shall inform the

General Assembly if it determines that funds or other resources

provided for the operation of the commission are not adequate.

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(q) (1) The Supreme Court has original and exclusive

jurisdiction in all proceedings that a certified final plan is

challenged or is claimed not to have taken timely effect.

(2) 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, the

Constitution of Pennsylvania or any Federal or State statute.

(r) The Department of State shall provide staff as needed to

support the commission in the performance of its duties.

(s) Upon the filing of all redistricting plans required

under this section and the exhaustion of all appeals of a

redistricting plan:

(1) the commission shall expire and the commission's

responsibilities shall terminate; and

(2) 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 until the next redistricting

as required under this section.

(t) The General Assembly shall appropriate sufficient funds

for the compensation and expenses of members and staff appointed

by the commission and for other necessary expenses. In addition

to necessary expenses, the members of the commission shall

receive a per diem for each day or part of a day spent

performing their official duties. The per diem shall be the most

recent per diem rate for locations in this Commonwealth as

established and published by the United States General Services

Administration.

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(u) A district that does not include the residence that 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.

(v) 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 Legislative and Congressional

Redistricting Commission.

"Community of interest." A contiguous population that shares

common social and economic interests that should be included

within a single district for purposes of its effective and fair

representation. It shall not include relationships with

political parties, incumbents or political candidates.

"Federal census." The decennial census required by Federal

law to be conducted by the United States Census Bureau in every

year ending in zero.

"Immediate family." A parent, spouse, child, brother or

sister.

"Member." A member of the Legislative and Congressional

Redistricting Commission.

"Plan." A plan for legislative and congressional

redistricting drawn under the requirements of this section.

Section 2. (a) Upon the first passage by the General

Assembly of this proposed constitutional amendment, 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

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passage of this proposed constitutional amendment.

(b) Upon the second passage by the General Assembly of this

proposed constitutional amendment, 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

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth 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 amendment is

passed by the General Assembly.

Section 1. The following integrated amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1) That section 2 of Article V be amended to read:

§ 2. Supreme Court.

The Supreme Court (a) shall be the highest court of the

Commonwealth and in this court shall be reposed the supreme

judicial power of the Commonwealth;

(b) shall consist of seven justices, to be elected from

seven judicial districts, one of whom shall be the Chief

Justice; and

law.

(2) That section 3 of Article V be amended to read:

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§ 3. Superior Court.

The Superior Court shall be a statewide court, and shall

consist of the number of judges, which shall be not less than

seven judges, to be elected from judicial districts, and have

such jurisdiction as shall be provided by this Constitution or

by the General Assembly. One of its judges shall be the

president judge.

(3) That section 4 of Article V be amended to read:

§ 4. Commonwealth Court.

The Commonwealth Court shall be a statewide court, and shall

consist of the number of judges, to be elected from judicial

districts, and have such jurisdiction as shall be provided by

law. One of its judges shall be the president judge.

(4) That section 11 of Article V be amended to read:

§ 11. Judicial districts; boundaries.

[The number and boundaries of judicial districts shall be

changed by the General Assembly only with the advice and consent

of the Supreme Court.]

(a) The number of judges and justices of the Supreme Court,

the Superior Court and the Commonwealth Court elected from each

judicial district shall provide every resident of the

Commonwealth with approximately equal representation on a court,

and each judicial district shall be established consistent with

the requirements for reapportionment and redistricting of

congressional districts.

(b) The General Assembly shall, by law, establish:

(1) A transition to an appellate court judiciary elected

from judicial districts.

(2) The effect of set judicial districts upon eligibility to

seek retention election, including that, after the time this

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amendment becomes effective, when the term of a judge or justice

expires, the judge or justice shall, notwithstanding any other

provision of this Constitution, stand for election and,

thereafter, stand for retention election.

(3) The order in which judicial districts shall elect

justices of the Supreme Court and judges of the Superior Court

and the Commonwealth Court.

7(b), the number and boundaries of all other judicial districts

shall be established by the General Assembly by law, with the

advice and consent of the Supreme Court.

(5) That section 12 of Article V be amended to read:

§ 12. Qualifications of justices, judges and justices of the

peace.

(a) Justices, judges and justices of the peace shall be

citizens of the Commonwealth. Justices and judges, except the

judges of the traffic court in the City of Philadelphia, shall

be members of the bar of the Supreme Court. Justices [and judges

of statewide courts, for a period of one year preceding their

election or appointment and during their continuance in office,

shall reside within the Commonwealth. Other], judges and

justices of the peace, for a period of one year preceding their

election or appointment and during their continuance in office,

shall reside within their respective districts, except as

provided in this article for temporary assignments.

(b) Justices of the peace shall be members of the bar of the

Supreme Court or shall complete a course of training and

instruction in the duties of their respective offices and pass

an examination prior to assuming office. Such courses and

examinations shall be as provided by law.

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SECTION 1 2. THE FOLLOWING distinct AMENDMENT TO THE

CONSTITUTION OF PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH

ARTICLE XI:

THAT SECTION 17 OF ARTICLE II BE AMENDED TO READ:

§ 17. INDEPENDENT LEGISLATIVE AND CONGRESSIONAL [Legislative]

Independent REAPPORTIONMENT AND REDISTRICTING

COMMISSION.

(A) IN EACH YEAR [FOLLOWING THE YEAR] OF THE FEDERAL

DECENNIAL CENSUS, BUT NOT LATER THAN JULY 1, [A] AN INDEPENDENT

[LEGISLATIVE] AND CONGRESSIONAL REAPPORTIONMENT AND

REDISTRICTING COMMISSION SHALL BE CONSTITUTED FOR THE PURPOSE OF

REAPPORTIONING AND REDISTRICTING THE [COMMONWEALTH]

Commonwealth's congressional, senatorial, representative and any

other districts authorized under this Constitution. THE

COMMISSION SHALL ACT BY A MAJORITY OF ITS ENTIRE MEMBERSHIP.

(B) THE COMMISSION SHALL CONSIST OF [FIVE] 11 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.] AND THE GENERAL ASSEMBLY SHALL PRESCRIBE BY LAW:

(1) THE QUALIFICATIONS TO SERVE AS A MEMBER OF THE

COMMISSION, PROVIDED THAT NO PERSON WHO HAS HELD ELECTIVE OR

APPOINTIVE PUBLIC OFFICE AT THE FEDERAL OR STATE LEVEL OR

ELECTIVE JUDICIAL OFFICE IN THIS COMMONWEALTH IN THE FIVE YEARS

IMMEDIATELY PRECEDING THE DATE OF APPOINTMENT TO THE COMMISSION

SHALL BE ELIGIBLE FOR APPOINTMENT.

(2) THE MANNER BY WHICH THE SECRETARY OF THE COMMONWEALTH

SHALL PROVIDE FOR AN OPEN AND TRANSPARENT PROCESS TO:

(I) RECEIVE APPLICATIONS FOR APPOINTMENT AS A MEMBER OF THE

COMMISSION.

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(II) DETERMINE ELIGIBILITY OF APPLICANTS.

(III) ENSURE APPLICANTS TO BE CONSIDERED BY THE GENERAL

ASSEMBLY REASONABLY REFLECT THE GEOGRAPHIC, GENDER AND RACIAL

DIVERSITY OF THIS COMMONWEALTH.

(3) REASONS FOR REMOVING A MEMBER OF THE COMMISSION AND THE

MANNER BY WHICH VACANCIES SHALL BE FILLED.

(4) THE MANNER BY WHICH THE SECRETARY OF THE COMMONWEALTH

SHALL SUBMIT TO THE GENERAL ASSEMBLY A LIST OF QUALIFIED

APPLICANTS BY POLITICAL PARTY AFFILIATION.

(B.1) UPON RECEIPT OF THE LIST OF QUALIFIED APPLICANTS FROM

THE SECRETARY OF THE COMMONWEALTH, MEMBERS OF THE COMMISSION

SHALL BE APPOINTED AS FOLLOWS:

(1) THE GOVERNOR SHALL RECOMMEND THREE INDIVIDUALS FROM THE

LIST OF QUALIFIED APPLICANTS WHO ARE NOT REGISTERED WITH EITHER

OF THE TWO LARGEST POLITICAL PARTIES IN THIS COMMONWEALTH BASED

UPON REGISTRATION FOR APPROVAL BY A TWO-THIRDS VOTE OF EACH

CHAMBER.

(2) THE MAJORITY LEADER AND MINORITY LEADER OF THE SENATE

SHALL EACH RECOMMEND TWO INDIVIDUALS FROM THE LIST OF QUALIFIED

APPLICANTS FOR APPROVAL BY A TWO-THIRDS VOTE OF THE SENATE.

(3) THE MAJORITY LEADER AND MINORITY LEADER OF HOUSE OF

REPRESENTATIVES SHALL EACH RECOMMEND TWO INDIVIDUALS FROM THE

LIST OF QUALIFIED APPLICANTS FOR APPROVAL BY A TWO-THIRDS VOTE

OF THE HOUSE OF REPRESENTATIVES.

NO LATER THAN [60 DAYS FOLLOWING THE OFFICIAL REPORTING OF

THE FEDERAL CENSUS AS REQUIRED BY FEDERAL LAW] JULY 1 IN EACH

YEAR OF THE FEDERAL DECENNIAL CENSUS, THE [FOUR] MEMBERS

APPROVED UNDER THIS SECTION 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

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UNDER LAW SHALL HAVE SUPERVISION OVER ELECTIONS.

[THE FOUR MEMBERS WITHIN] WITHIN 45 DAYS AFTER THEIR

CERTIFICATION, THE MEMBERS SHALL SELECT [THE FIFTH MEMBER, WHO

SHALL SERVE AS] A 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.] IF THE 11 MEMBERS FAIL TO SELECT A CHAIRMAN WITHIN THE

TIME PRESCRIBED, THE GENERAL ASSEMBLY, BY A TWO-THIRDS VOTE OF

EACH CHAMBER, SHALL APPOINT THE CHAIRMAN OF THE COMMISSION

WITHIN 30 DAYS.

BEEN DULY CERTIFIED OR THE POPULATION DATA FOR THE COMMONWEALTH

AS DETERMINED BY THE FEDERAL CENSUS ARE AVAILABLE, WHICHEVER IS

LATER IN TIME, THE COMMISSION SHALL FILE A PRELIMINARY

REAPPORTIONMENT AND REDISTRICTING PLAN WITH SUCH ELECTIONS

OFFICER[.] BASED UPON FEDERAL CENSUS DATA FOR EACH GEOGRAPHIC

AND POLITICAL UNIT. THE PRELIMINARY REAPPORTIONMENT AND

REDISTRICTING PLAN MUST BE APPROVED BY AT LEAST SEVEN

AFFIRMATIVE VOTES THAT MUST INCLUDE AT LEAST TWO VOTES OF

MEMBERS REGISTERED FROM EACH OF THE TWO LARGEST POLITICAL

PARTIES IN THIS COMMONWEALTH BASED ON REGISTRATION AND TWO VOTES

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OF MEMBERS NOT REGISTERED WITH EITHER OF THE TWO LARGEST

POLITICAL PARTIES BASED UPON REGISTRATION. THE COMMISSION SHALL

SCHEDULE AND CONDUCT AT LEAST SIX PUBLIC HEARINGS IN DIFFERENT

GEOGRAPHIC REGIONS THROUGHOUT THIS COMMONWEALTH.

IN ADDITION TO THE REQUIREMENTS OF SECTION 16, THE FOLLOWING

SHALL APPLY:

(1) A COUNTY MAY NOT CONTAIN MORE SENATORIAL DISTRICTS THAN

THE NUMBER REQUIRED BY THE POPULATION PLUS ONE.

(2) A COUNTY MAY NOT CONTAIN MORE REPRESENTATIVE DISTRICTS

THAN THE NUMBER REQUIRED BY THE POPULATION PLUS TWO.

(3) DISTRICTS SHALL EACH HAVE A POPULATION AS CLOSE TO THE

APPLICABLE IDEAL DISTRICT POPULATION AS POSSIBLE 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.

(4) THE BOUNDARIES OF EACH DISTRICT SHALL BE A SINGLE NON-

INTERSECTING CONTINUOUS LINE.

(5) IN ESTABLISHING DISTRICTS, THE COMMISSION SHALL NOT

CONSIDER THE FOLLOWING DATA:

(I) ADDRESSES OF ANY INDIVIDUAL.

(II) POLITICAL AFFILIATION OF REGISTERED VOTERS.

(III) PREVIOUS ELECTION RESULTS, UNLESS REQUIRED BY FEDERAL

LAW.

(6) ALL MEETINGS OF THE COMMISSION AT WHICH A QUORUM IS

PRESENT HELD FOR THE PURPOSE OF DELIBERATING OFFICIAL BUSINESS

OR TAKING OFFICIAL ACTION SHALL BE CONDUCTED IN AN OPEN FORUM

AND IN A MANNER BY WHICH THE PUBLIC MAY CONTEMPORANEOUSLY

OBSERVE THE PROCEEDINGS.

(7) COMMISSION MEMBERS AND THEIR EMPLOYEES AND ADVISORS

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SHALL NOT COMMUNICATE WITH OR RECEIVE COMMUNICATIONS FROM ANY

OTHER PERSON ABOUT REAPPORTIONMENT OR REDISTRICTING MATTERS

UNLESS DURING AN OPEN PUBLIC MEETING OR UNDER SUCH EXCEPTIONS AS

THE GENERAL ASSEMBLY MAY PRESCRIBE BY LAW.

THE COMMISSION SHALL HAVE 30 DAYS AFTER FILING THE

PRELIMINARY PLAN AND COMPLETING THE SIX PUBLIC HEARINGS ON THE

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

OFFICER A REVISED REAPPORTIONMENT AND REDISTRICTING PLAN. IF NO

EXCEPTIONS ARE FILED WITHIN 30 DAYS, OR IF FILED AND ACTED UPON,

THE COMMISSION'S PLAN SHALL BE FINAL AND HAVE THE FORCE OF LAW.

(C.1) THE FINAL REAPPORTIONMENT AND REDISTRICTING PLAN MUST

BE APPROVED BY AT LEAST SEVEN AFFIRMATIVE VOTES THAT MUST

INCLUDE AT LEAST TWO VOTES OF MEMBERS REGISTERED FROM EACH OF

THE TWO LARGEST POLITICAL PARTIES IN THIS COMMONWEALTH BASED ON

REGISTRATION AND TWO VOTES OF MEMBERS NOT REGISTERED WITH EITHER

OF THE TWO LARGEST POLITICAL PARTIES BASED UPON REGISTRATION.

(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 AND REDISTRICT 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 AND REDISTRICTING PLAN SHALL HAVE THE

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FORCE OF LAW AND THE DISTRICTS THEREIN PROVIDED SHALL BE USED

THEREAFTER IN ELECTIONS [TO THE GENERAL ASSEMBLY] UNTIL THE NEXT

REAPPORTIONMENT AND REDISTRICTING 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.

(H) IF A PRELIMINARY, REVISED OR FINAL REAPPORTIONMENT AND

REDISTRICTING 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.] BY OCTOBER 1 OF EACH YEAR ENDING IN ONE, THE

FOLLOWING SHALL APPLY:

(1) THE COMMISSION SHALL CONSIDER PROPOSED MAPS FOR

CONGRESSIONAL, SENATORIAL AND REPRESENTATIVE DISTRICTS AS

SEPARATE CATEGORIES as provided under subsection (a) of this

section .

(2) NOT LATER THAN OCTOBER 15 OF EACH YEAR ENDING IN ONE,

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THE COMMISSION SHALL SUBMIT AT LEAST TWO, BUT NOT MORE THAN

THREE, MAPS IN EACH CATEGORY TO THE GENERAL ASSEMBLY. ALL MAPS

SUBMITTED TO THE GENERAL ASSEMBLY UNDER THIS PARAGRAPH SHALL BE

MADE AVAILABLE FOR REVIEW BY THE PUBLIC FOR A PERIOD OF NOT LESS

THAN 10 DAYS PRIOR TO ANY VOTE BY THE GENERAL ASSEMBLY.

(3) THE GENERAL ASSEMBLY SHALL APPROVE ONE MAP SUBMITTED IN

EACH CATEGORY BY A TWO-THIRDS VOTE OF EACH CHAMBER.

(4) ANY PLAN APPROVED BY THE COMMISSION FINALLY SHALL

SUPERSEDE ALL PREVIOUS PLANS.

(I) ANY REAPPORTIONMENT AND REDISTRICTING PLAN FILED BY THE

COMMISSION, OR [ORDERED OR PREPARED] APPROVED BY THE [SUPREME

COURT] GENERAL ASSEMBLY 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 AND

REDISTRICTING [OF THE GENERAL ASSEMBLY] and redistricting BY

DISTRICTS, AND A MAP SHOWING THE [REAPPORTIONMENT] REAPPORTIONED

AND REDISTRICTED 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 THIS PROPOSED CONSTITUTIONAL AMENDMENT, 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

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REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN

WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER

PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT.

(B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THIS

PROPOSED CONSTITUTIONAL AMENDMENT, 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

THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE

COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT

TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH 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 AMENDMENT IS

PASSED BY THE GENERAL ASSEMBLY.

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

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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:

(1) 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.

(2) Submit the proposed constitutional amendment under

section 2 of this resolution to the qualified electors of

this Commonwealth 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.

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