PRIOR PASSAGE - NONE PRINTER'S NO. 3718
No. 2420 Session of 2008
INTRODUCED BY SAMUELSON, TANGRETTI, LEACH, BENNINGHOFF, JOSEPHS, McILVAINE SMITH, FREEMAN, CARROLL, BASTIAN, BEAR, BENNINGTON, BEYER, BOYD, BRENNAN, BROOKS, BUXTON, CALTAGIRONE, CLYMER, CONKLIN, COSTA, CREIGHTON, CUTLER, DALLY, DePASQUALE, DiGIROLAMO, EVERETT, FRANKEL, GALLOWAY, GEORGE, GERBER, GIBBONS, GOODMAN, GRELL, GRUCELA, HANNA, HARHART, HARPER, HORNAMAN, HUTCHINSON, KESSLER, KING, KORTZ, KULA, LENTZ, LEVDANSKY, MAHONEY, MANDERINO, MANN, MANTZ, MARSHALL, McILHATTAN, MELIO, MILNE, MURT, MUSTIO, NAILOR, NICKOL, O'NEILL, PASHINSKI, PAYTON, PEIFER, PETRI, PRESTON, QUINN, RAMALEY, READSHAW, ROAE, ROCK, RUBLEY, SCAVELLO, SCHRODER, SEIP, SHAPIRO, SHIMKUS, SIPTROTH, K. SMITH, M. SMITH, STEIL, SWANGER, R. TAYLOR, TRUE, VULAKOVICH, WAGNER, WALKO, WATSON, J. WHITE, WOJNAROSKI AND YUDICHAK, MAY 7, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 7, 2008
A JOINT RESOLUTION 1 Proposing integrated amendments to the Constitution of the 2 Commonwealth of Pennsylvania, further providing for 3 legislative and congressional reapportionment. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby resolves as follows: 6 Section 1. The following amendments to the Constitution of 7 Pennsylvania are proposed in accordance with Article XI: 8 (1) That section 17 of Article II be repealed: 9 [§ 17. Legislative Reapportionment Commission. 10 (a) In each year following the year of the Federal decennial 11 census, a Legislative Reapportionment Commission shall be 12 constituted for the purpose of reapportioning the Commonwealth.
1 The commission shall act by a majority of its entire membership. 2 (b) The commission shall consist of five members: four of 3 whom shall be the majority and minority leaders of both the 4 Senate and the House of Representatives, or deputies appointed 5 by each of them, and a chairman selected as hereinafter 6 provided. No later than 60 days following the official reporting 7 of the Federal decennial census as required by Federal law, the 8 four members shall be certified by the President pro tempore of 9 the Senate and the Speaker of the House of Representatives to 10 the elections officer of the Commonwealth who under law shall 11 have supervision over elections. 12 The four members within 45 days after their certification 13 shall select the fifth member, who shall serve as chairman of 14 the commission, and shall immediately certify his name to such 15 elections officer. The chairman shall be a citizen of the 16 Commonwealth other than a local, State or Federal official 17 holding an office to which compensation is attached. 18 If the four members fail to select the fifth member within 19 the time prescribed, a majority of the entire membership of the 20 Supreme Court within 30 days thereafter shall appoint the 21 chairman as aforesaid and certify his appointment to such 22 elections officer. 23 Any vacancy in the commission shall be filled within 15 days 24 in the same manner in which such position was originally filled. 25 (c) No later than 90 days after either the commission has 26 been duly certified or the population data for the Commonwealth 27 as determined by the Federal decennial census are available, 28 whichever is later in time, the commission shall file a 29 preliminary reapportionment plan with such elections officer. 30 The commission shall have 30 days after filing the 20080H2420B3718 - 2 -
1 preliminary plan to make corrections in the plan. 2 Any person aggrieved by the preliminary plan shall have the 3 same 30-day period to file exceptions with the commission in 4 which case the commission shall have 30 days after the date the 5 exceptions were filed to prepare and file with such elections 6 officer a revised reapportionment plan. If no exceptions are 7 filed within 30 days, or if filed and acted upon, the 8 commissions's plan shall be final and have the force of law. 9 (d) Any aggrieved person may file an appeal from the final 10 plan directly to the Supreme Court within 30 days after the 11 filing thereof. If the appellant establishes that the final plan 12 is contrary to law, the Supreme Court shall issue an order 13 remanding the plan to the commission and directing the 14 commission to reapportion the Commonwealth in a manner not 15 inconsistent with such order. 16 (e) When the Supreme Court has finally decided an appeal or 17 when the last day for filing an appeal has passed with no appeal 18 taken, the reapportionment plan shall have the force of law and 19 the districts therein provided shall be used thereafter in 20 elections to the General Assembly until the next reapportionment 21 as required under this section 17. 22 (f) Any district which does not include the residence from 23 which a member of the Senate was elected whether or not 24 scheduled for election at the next general election shall elect 25 a Senator at such election. 26 (g) The General Assembly shall appropriate sufficient funds 27 for the compensation and expenses of members and staff appointed 28 by the commission, and other necessary expenses. The members of 29 the commission shall be entitled to such compensation for their 30 services as the General Assembly from time to time shall 20080H2420B3718 - 3 -
1 determine, but no part thereof shall be paid until a preliminary 2 plan is filed. If a preliminary plan is filed but the commission 3 fails to file a revised or final plan within the time 4 prescribed, the commission members shall forfeit all right to 5 compensation not paid. 6 (h) If a preliminary, revised or final reapportionment plan 7 is not filed by the commission within the time prescribed by 8 this section, unless the time be extended by the Supreme Court 9 for cause shown, the Supreme Court shall immediately proceed on 10 its own motion to reapportion the Commonwealth. 11 (i) Any reapportionment plan filed by the commission, or 12 ordered or prepared by the Supreme Court upon the failure of the 13 commission to act, shall be published by the elections officer 14 once in at least one newspaper of general circulation in each 15 senatorial and representative district. The publication shall 16 contain a map of the Commonwealth showing the complete 17 reapportionment of the General Assembly by districts, and a map 18 showing the reapportionment districts in the area normally 19 served by the newspaper in which the publication is made. The 20 publication shall also state the population of the senatorial 21 and representative districts having the smallest and largest 22 population and the percentage variation of such districts from 23 the average population for senatorial and representative 24 districts.] 25 (2) That Article II be amended by adding a section to read: 26 § 18. Legislative and congressional reapportionment. 27 (a) (1) In each year following the year of the Federal 28 decennial census, the Legislative Reference Bureau shall perform 29 such duties as specified in this section for the purpose of 30 reapportioning the Commonwealth. 20080H2420B3718 - 4 -
1 (2) Unless otherwise directed by court order, legislative 2 and congressional reapportionment shall only be permitted once 3 in the decade following the Federal decennial census. 4 (b) (1) The bureau shall acquire appropriate information, 5 review and evaluate available facilities and develop programs 6 and procedures in preparation for drawing congressional and 7 legislative redistricting plans on the basis of each Federal 8 census. 9 (2) As soon as possible after January 1 of each year ending 10 in one, the bureau shall obtain from the United States Bureau of 11 the Census information regarding geographic and political units 12 in this Commonwealth for which Federal census population data 13 has been gathered and will be tabulated. The bureau shall use 14 the data obtained to prepare: 15 (i) Necessary descriptions of geographic and political units 16 for which census data will be reported and which are suitable 17 for use as components of legislative districts. 18 (ii) Maps of counties, cities and other geographic units 19 within this Commonwealth, which may be used to illustrate the 20 locations of legislative district boundaries proposed in plans 21 drawn in accordance with subsection (d). 22 (iii) The population data needed for legislative districting 23 which the Census Bureau is required to provide this Commonwealth 24 under 13 U.S.C. § 141 (relating to population and other census 25 information) and shall use that data to assign a population 26 figure based upon census data to each geographic or political 27 unit described pursuant to paragraph (2)(i). Upon completing 28 that task, the bureau shall begin the preparation of 29 congressional and legislative districting plans as required by 30 subsection (c). 20080H2420B3718 - 5 -
1 (3) All information collected under this section shall be 2 posted for public inspection as soon as it is available. 3 (c) (1) Not later than February 15 of each year ending in 4 one, a five-member temporary redistricting advisory commission 5 shall be established as provided under subsection (e). The 6 commission's only functions shall be those prescribed under 7 subsection (f). All commission meetings shall be advertised and 8 open to the public. All communications between the bureau and 9 the commission regarding a plan shall be in writing and part of 10 the public record. 11 (2) Not later than April 1 of each year ending in one, the 12 bureau shall deliver to the commission a preliminary plan of 13 legislative and congressional districting prepared in accordance 14 with subsection (d). 15 (3) Upon receipt of the preliminary plan the commission 16 shall: 17 (i) As expeditiously as reasonably possible but no later 18 than 30 days after receiving the preliminary plan, schedule and 19 conduct at least five public hearings on the plan in different 20 geographic regions of this Commonwealth. 21 (ii) Within ten days following completion of the hearings, 22 promptly prepare and submit to the Secretary of the Senate, the 23 Chief Clerk of the House of Representatives and the bureau a 24 report summarizing information and testimony received by the 25 commission in the course of the hearings. The commission's 26 report shall include any comments and conclusions which its 27 members deem appropriate on the information and testimony 28 received at the hearings or otherwise presented to the 29 commission. 30 (iii) The bureau shall have 30 days after receiving the 20080H2420B3718 - 6 -
1 commission report to prepare a revised plan of legislative and 2 congressional districting prepared in accordance with subsection 3 (d) taking into account public comments on the preliminary plan 4 insofar as it is possible to do so within the requirements of 5 subsection (d) and deliver identical bills embodying the revised 6 legislative district plan and identical bills embodying the 7 revised congressional district plan to the commission, the 8 Secretary of the Senate and the Chief Clerk of the House of 9 Representatives. 10 (iv) The General Assembly shall bring the bills to a vote in 11 both the Senate and the House of Representatives not less than 12 seven days but no more than 20 days after the bills have been 13 delivered in accordance with subparagraph (iii) under a 14 procedure or rule permitting no amendments. It is further the 15 intent of this section that, if the bill is approved by the 16 first House in which it is considered, it shall be brought to a 17 vote in the second House within ten days under a similar 18 procedure or rule. 19 (4) (i) If the bill embodying the revised plan submitted by 20 the bureau under paragraph (1) fails to be approved by a 21 constitutional majority in either the Senate or the House of 22 Representatives, the Secretary of the Senate or the Chief Clerk 23 of the House of Representatives, as the case may be, shall at 24 once transmit to the bureau information which the Senate or 25 House of Representatives may direct regarding reasons why the 26 revised plan was not approved. 27 (ii) The bureau shall prepare a bill embodying a final plan 28 of legislative and congressional districting prepared in 29 accordance with subsection (d) taking into account the reasons 30 cited by the Senate or House of Representatives for its failure 20080H2420B3718 - 7 -
1 to approve the revised plan insofar as it is possible to do so 2 within the requirements of subsection (d). If a final plan is 3 required under this subsection, the bill embodying it shall be 4 delivered to the Secretary of the Senate and the Chief Clerk of 5 the House of Representatives no later than 14 days after the 6 date of the vote by which the Senate or the House of 7 Representatives fails to approve the bill submitted under 8 paragraph (1), whichever date is later. 9 (iii) It is the intent of this section that, if it is 10 necessary to submit a bill under this paragraph, the bill be 11 brought to a vote within the same time period after its delivery 12 to the Secretary of the Senate and the Chief Clerk of the House 13 of Representatives as is prescribed for the bill submitted under 14 paragraph (2), but shall not be subject to amendment in the same 15 manner as other bills. 16 (5) If either House fails to bring a bill embodying a final 17 plan to a vote within the prescribed time, the plan embodied in 18 that bill shall be the adopted plan. If a bill embodying a final 19 plan fails to receive a constitutional majority of either or 20 both Houses of the General Assembly, then the revised and final 21 plan shall be sent to the chief elections officer who shall 22 choose one of them by lot. 23 (6) Notwithstanding paragraphs (1), (2) and (3): 24 (i) If population data from the Federal census which is 25 sufficient to permit preparation of a congressional districting 26 plan becomes available at an earlier time than the population 27 data needed to permit preparation of a legislative districting 28 plan in accordance with subsection (d), the bureau shall so 29 inform the commission. If the commission so directs, the bureau 30 shall prepare a separate bill establishing congressional 20080H2420B3718 - 8 -
1 districts and submit it separately from the bill establishing 2 legislative districts. 3 (ii) It is the intent of this section that the General 4 Assembly shall proceed to consider the congressional districting 5 bill in the manner prescribed by paragraphs (1), (2) and (3). 6 (iii) If the population data for legislative districting 7 which the United States Census Bureau is required to provide 8 this Commonwealth under 13 U.S.C. § 141 is not available to the 9 Legislative and Congressional Reapportionment Bureau on or 10 before February 1 of the year ending in one, the dates set forth 11 in this section shall be extended by a number of days equal to 12 the number of days after February 1 of the year ending in one 13 that the Federal census population data for legislative 14 districting becomes available. 15 (d) (1) Legislative and congressional districts shall be 16 established on the basis of population as follows: 17 (i) Senatorial and representative districts, respectively, 18 shall each have a population as nearly equal as practicable to 19 the ideal population for such districts, determined by dividing 20 the number of districts to be established into the population of 21 this Commonwealth reported in the Federal decennial census. 22 Senatorial districts and representative districts shall not vary 23 in population from the respective ideal district populations 24 except as necessary to comply with one of the other standards 25 enumerated in this section. In no case shall the quotient, 26 obtained by dividing the total of the absolute values of the 27 deviations of all district populations from the applicable ideal 28 district population by the number of districts established, 29 exceed 2.5% of the applicable ideal district population. No 30 senatorial district shall have a population which exceeds that 20080H2420B3718 - 9 -
1 of any other senatorial district by more than 5%, and no 2 representative district shall have a population which exceeds 3 that of any other representative district by more than 5%. 4 (ii) Congressional districts shall each have a population as 5 nearly equal as practicable to the ideal district population, 6 derived as prescribed in subparagraph (i). No congressional 7 district shall have a population which varies by more than 2.5% 8 from the applicable ideal district population. 9 (iii) If an action is filed with the Supreme Court under 10 subsection (j) alleging excessive population variance among 11 districts established in a plan adopted by the General Assembly, 12 the General Assembly has the burden of justifying any variance 13 in excess of the standards described in subparagraphs (i) and 14 (ii). 15 (2) To the extent consistent with paragraph (1), district 16 boundaries shall coincide with the boundaries of political 17 subdivisions of this Commonwealth. The number of counties and 18 cities divided among more than one district shall be as small as 19 possible. With respect to any congressional or legislative plan, 20 when there is a choice between dividing local political 21 subdivisions, the more populous subdivisions shall be divided 22 before the less populous, but this statement does not apply to a 23 legislative district boundary drawn along a county line which 24 passes through a city that lies in more than one county. 25 (3) Districts shall be composed of convenient contiguous 26 territory. Areas which meet only at the points of adjoining 27 corners are not contiguous. 28 (4) It is preferable that a district be compact in form with 29 a compactness measurement of not less than 15% of the total 30 ideal measurement for the district, but the standards 20080H2420B3718 - 10 -
1 established by paragraphs (1), (2) and (3) take precedence over 2 compactness where a conflict arises between compactness and 3 these standards. In general, compact districts are those which 4 are square, rectangular or hexagonal in shape to the extent 5 permitted by natural or political boundaries. 6 (5) No district shall be drawn for the purpose of favoring a 7 political party, incumbent legislator or member of Congress or 8 other person or group. In establishing districts, no use shall 9 be made of any of the following data: 10 (i) Addresses of incumbent legislators or members of 11 Congress. 12 (ii) Political affiliations of registered voters. 13 (iii) Previous election results. 14 (6) Each bill embodying a plan drawn under this section 15 shall provide that any vacancy in the General Assembly for which 16 an individual takes office in the year ending in one, occurring 17 at a time which makes it necessary to fill the vacancy at a 18 special election held pursuant to section 629 of the act of June 19 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election 20 Code, shall be filled from the same district which elected the 21 senator or representative whose seat is vacant. 22 (7) Each bill embodying a plan drawn under this section 23 shall include provisions for election of senators to the General 24 Assembly which take office in the years ending in three and 25 five, which shall be in conformity with section 16 of this 26 article. 27 (8) Each bill embodying a plan drawn under this section 28 shall provide that any aggrieved person may file an appeal from 29 the plan directly to the Supreme Court within 30 days after the 30 passage thereof. If the appellant establishes that the final 20080H2420B3718 - 11 -
1 plan is contrary to law, the Supreme Court shall issue an order 2 remanding the plan to the bureau and directing the bureau to 3 reapportion the Commonwealth in a manner not inconsistent with 4 such order. 5 (e) (1) The members of the temporary redistricting advisory 6 commission established in subsection (c)(1) shall be selected as 7 follows: 8 (i) Each of the four selecting authorities shall certify to 9 the chief election officer his appointment of a person to serve 10 on the commission. The certifications may be made at any time 11 after the four selecting authorities have been selected for the 12 General Assembly to take office in the year ending in one, even 13 though the terms of office of the selecting authorities have not 14 actually begun. 15 (ii) Within 30 days after the four selecting authorities 16 have certified their respective appointments to the commission, 17 but in no event later than February 15 of the year ending in 18 one, the four commission members so appointed shall select, by a 19 vote of at least three members, and certify to the chief 20 election officer the fifth commission member who shall serve as 21 chairperson. 22 (iii) A vacancy on the commission shall be filled by the 23 initial selecting authority within 15 days after the vacancy 24 occurs. 25 (iv) Members of the commission shall receive travel expenses 26 and reimbursement for other necessary expenses incurred in 27 performing their duties under this section. 28 (2) No person shall be appointed to the commission who: 29 (i) Is not an eligible elector of this Commonwealth at the 30 time of selection. 20080H2420B3718 - 12 -
1 (ii) Holds partisan public office or political party office. 2 (iii) Is a relative of or is employed by a member of the 3 General Assembly or of the United States Congress or is employed 4 directly by the General Assembly or by the United States 5 Congress. 6 (f) The functions of the commission shall be as follows: 7 (1) If, in preparation of any plan as required by this 8 section, the bureau is confronted with the necessity to make any 9 decision for which no clearly applicable guideline is provided 10 by subsection (d), the bureau may submit a written request for 11 direction to the commission. 12 (2) (i) Prior to delivering any plan and the bill embodying 13 that plan to the Secretary of the Senate and the Chief Clerk of 14 the House of Representatives in accordance with subsection (c), 15 the bureau shall provide to persons outside the bureau staff 16 only such information regarding the plan as may be required by 17 policies agreed upon by the commission. 18 (ii) This paragraph does not apply to data furnished to the 19 bureau by the United States Bureau of the Census. 20 (3) Upon each delivery by the bureau to the commission or 21 the General Assembly of a plan or bill embodying a plan, 22 pursuant to subsection (c), the commission shall at the earliest 23 feasible time make available to the public and post on the 24 Internet the following information: 25 (i) Copies of the bill delivered by the bureau to the 26 General Assembly. 27 (ii) Maps illustrating the plan. 28 (iii) A summary of the standards prescribed by subsection 29 (d) for development of the plan. 30 (iv) A statement of the population of each district included 20080H2420B3718 - 13 -
1 in the plan and the relative deviation of each district 2 population from the ideal district population. 3 (v) An explanation of any deviation from any standard 4 specified in subsection (d)(1)(i) and (ii), along with any 5 document used to support the deviation. 6 (g) Any district which does not include the residence from 7 which a member of the Senate was elected whether or not 8 scheduled for election at the next general election shall elect 9 a Senator at such election. 10 (h) The preliminary and adopted congressional and 11 legislative redistricting plan shall be published by the chief 12 elections officer once in at least one newspaper of general 13 circulation in each congressional senatorial and representative 14 district. The publication shall contain a map of the 15 Commonwealth showing the complete reapportionment of the 16 congressional and legislative districts, and a map showing the 17 reapportionment districts in the area normally served by the 18 newspaper in which the publication is made. The publication 19 shall also state the population of the congressional senatorial 20 and representative districts having the smallest and largest 21 population and the percentage variation of such districts from 22 the average population for congressional senatorial and 23 representative districts. 24 (i) The commission shall expire and its responsibilities 25 shall terminate when a redistricting plan is adopted and shall 26 be reconstituted no later than February 15 in the year following 27 the next Federal decennial census. 28 (j) (1) A party aggrieved by a final plan under this 29 section may file an action in the Supreme Court for review of 30 the final plan. The appeal must be filed within 30 days of the 20080H2420B3718 - 14 -
1 adoption of the final plan. 2 (2) If the Supreme Court finds that the final plan is 3 unconstitutional, it shall order the bureau to make the 4 necessary revisions to the plan and to submit the plan with 5 revisions to the Supreme Court for approval. 6 (k) The following words and phrases when used in this 7 section shall have the meanings given to them in this subsection 8 unless the context clearly indicates otherwise: 9 "Bureau." The Legislative Reference Bureau. 10 "Chief election officer." The Secretary of the Commonwealth 11 or a designee. 12 "Commission." The temporary redistricting advisory 13 commission established pursuant to this section. 14 "Federal census." The decennial census required by Federal 15 law to be conducted by the United States Bureau of the Census in 16 every year ending in zero. 17 "Four selecting authorities." 18 (1) The Majority Leader of the Senate. 19 (2) The Minority Leader of the Senate. 20 (3) The Majority Leader of the House of Representatives. 21 (4) The Minority Leader of the House of Representatives. 22 "Partisan public office." 23 (1) An elective or appointive office in the executive or 24 legislative branch or in an independent establishment of the 25 Federal Government. 26 (2) An elective office in the executive or legislative 27 branch of the government of this Commonwealth or an office which 28 is filled by appointment. 29 (3) An office of a county, city or other political 30 subdivision of this Commonwealth which is filled by an election 20080H2420B3718 - 15 -
1 process involving nomination and election of candidates on a 2 partisan basis. 3 "Plan." A plan for legislative and congressional 4 reapportionment drawn up pursuant to the requirements of this 5 section. 6 "Political party office." An elective office in the national 7 or State organization of a political party. 8 "Relative." An individual who is related to the person in 9 question as father, mother, son, daughter, brother, sister, 10 uncle, aunt, first cousin, nephew, niece, husband, wife, 11 grandfather, grandmother, father-in-law, mother-in-law, son-in- 12 law, daughter-in-law, brother-in-law, sister-in-law, stepfather, 13 stepmother, stepson, stepdaughter, stepbrother, stepsister, half 14 brother or half sister. 15 Section 2. (a) Upon the first passage by the General 16 Assembly of these proposed constitutional amendments, the 17 Secretary of the Commonwealth shall proceed immediately to 18 comply with the advertising requirements of section 1 of Article 19 XI of the Constitution of Pennsylvania and shall transmit the 20 required advertisements to two newspapers in every county in 21 which such newspapers are published in sufficient time after 22 passage of these proposed constitutional amendments. 23 (b) Upon the second passage by the General Assembly of these 24 proposed constitutional amendments, the Secretary of the 25 Commonwealth shall proceed immediately to comply with the 26 advertising requirements of section 1 of Article XI of the 27 Constitution of Pennsylvania and shall transmit the required 28 advertisements to two newspapers in every county in which such 29 newspapers are published in sufficient time after passage of 30 these proposed constitutional amendments. The Secretary of the 20080H2420B3718 - 16 -
1 Commonwealth shall: 2 (1) Submit the proposed constitutional amendments under 3 section 1 to the qualified electors of this Commonwealth as a 4 single ballot question at the first primary, general or 5 municipal election which meets the requirements of and is in 6 conformance with section 1 of Article XI of the Constitution 7 of Pennsylvania and which occurs at least three months after 8 the proposed constitutional amendments are passed by the 9 General Assembly. 10 (2) Submit the proposed constitutional amendments under 11 section 1 to the qualified electors of this Commonwealth as 12 separate ballot questions at the first primary, general or 13 municipal election which meets the requirements of and is in 14 conformance with section 1 of Article XI of the Constitution 15 of Pennsylvania and which occurs at least three months after 16 the proposed constitutional amendments are passed by the 17 General Assembly. E6L83DMS/20080H2420B3718 - 17 -