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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, SCARNATI, MELLOW, ALLOWAY, ORIE, RAFFERTY, FERLO, FOLMER, ROBBINS, O'PAKE, TARTAGLIONE, EARLL, KASUNIC, TOMLINSON, PICCOLA, McILHINNEY, STACK AND PIPPY, JANUARY 20, 2009 |
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| REFERRED TO STATE GOVERNMENT, JANUARY 20, 2009 |
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| AN ACT |
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1 | Amending the act of June 3, 1937 (P.L.1333, No.320), entitled |
2 | "An act concerning elections, including general, municipal, |
3 | special and primary elections, the nomination of candidates, |
4 | primary and election expenses and election contests; creating |
5 | and defining membership of county boards of elections; |
6 | imposing duties upon the Secretary of the Commonwealth, |
7 | courts, county boards of elections, county commissioners; |
8 | imposing penalties for violation of the act, and codifying, |
9 | revising and consolidating the laws relating thereto; and |
10 | repealing certain acts and parts of acts relating to |
11 | elections," further providing for restrictions on alteration |
12 | of boundaries of election districts. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 536 of the act of June 3, 1937 (P.L.1333, |
16 | No.320), known as the Pennsylvania Election Code, amended May |
17 | 16, 2002 (P.L.310, No.44), is amended to read: |
18 | Section 536. Restrictions on Alteration.--(a) Except as |
19 | provided in subsection (b), there shall be no power to |
20 | establish, abolish, divide, consolidate or alter in any manner |
21 | an election district during the period [June 1, 2000] June 1, |
22 | 2009, through [June 30, 2002] November 30, 2012, or through |
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1 | resolution of all judicial appeals to the [2002] 2012 |
2 | Congressional [Reapportionment] Redistricting Plan, whichever |
3 | occurs later. |
4 | (b) During the period from [June 1, 2000] June 1, 2009, |
5 | through December 31, [2000] 2010, an election district may be |
6 | divided or election districts may be combined if the following |
7 | are met: |
8 | (1) In the case of the division of an election district, the |
9 | boundary of each resulting district is composed entirely of |
10 | clearly visible physical features conforming with the census |
11 | block lines or portions of the original boundary of the election |
12 | district which was divided. |
13 | (2) In the case of the combination of election districts, |
14 | the boundary of each resulting district is composed entirely of |
15 | portions of the original boundaries of the election districts |
16 | which were combined. |
17 | (c) If an alteration of an election district under |
18 | subsection (b) is sought, the following shall apply: |
19 | (1) The county board of elections shall notify the [bureau] |
20 | secretary, in writing, of the proposed alteration. The notice |
21 | shall include a map and a description of the proposed boundary |
22 | of any new or altered district or districts. The [bureau] |
23 | secretary shall forward a copy of any notice of proposed |
24 | alteration to the Legislative Data Processing Center within |
25 | seven (7) days of receipt. |
26 | (2) Before a county board of elections may petition the |
27 | court for a change in the boundary of an election district under |
28 | this [act] section, the secretary must make a determination that |
29 | the board has complied with subsection (b). Any of the following |
30 | constitute evidence of the determination under this clause: |
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1 | (i) A certification by the secretary that the determination |
2 | has been made. |
3 | (ii) A certification by the board that notice under this |
4 | clause has been given to the [bureau] secretary and that the |
5 | secretary has not acted within forty-five (45) days of the |
6 | notice. |
7 | (3) The board shall forward a copy of the order approving |
8 | any alteration to the secretary and the Legislative Data |
9 | Processing Center within seven (7) days of the issuance of that |
10 | order. |
11 | Section 2. This act shall take effect immediately. |
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