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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY LEACH, WOZNIAK, BOSCOLA AND EARLL, FEBRUARY 20, 2009 |
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| REFERRED TO STATE GOVERNMENT, FEBRUARY 20, 2009 |
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| A JOINT RESOLUTION |
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1 | Proposing an amendment to the Constitution of the Commonwealth |
2 | of Pennsylvania, further providing for a legislative |
3 | reapportionment commission to designate legislative districts |
4 | for the General Assembly within this Commonwealth. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby resolves as follows: |
7 | Section 1. The following amendment to the Constitution of |
8 | Pennsylvania is proposed in accordance with Article XI: |
9 | That section 17 of Article II be amended to read: |
10 | § 17. Legislative Reapportionment Commission. |
11 | [(a) In each year following the year of the Federal |
12 | decennial census, a Legislative Reapportionment Commission shall |
13 | be constituted for the purpose of reapportioning the |
14 | Commonwealth. The commission shall act by a majority of its |
15 | entire membership. |
16 | (b) The commission shall consist of five members: four of |
17 | whom shall be the majority and minority leaders of both the |
18 | Senate and the House of Representatives, or deputies appointed |
19 | by each of them, and a chairman selected as hereinafter |
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1 | provided. No later than 60 days following the official reporting |
2 | of the Federal decennial census as required by Federal law, the |
3 | four members shall be certified by the President pro tempore of |
4 | the Senate and the Speaker of the House of Representatives to |
5 | the elections officer of the Commonwealth who under law shall |
6 | have supervision over elections. |
7 | The four members within 45 days after their certification |
8 | shall select the fifth member, who shall serve as chairman of |
9 | the commission, and shall immediately certify his name to such |
10 | elections officer. The chairman shall be a citizen of the |
11 | Commonwealth other than a local, State or Federal official |
12 | holding an office to which compensation is attached. |
13 | If the four members fail to select the fifth member within |
14 | the time prescribed, a majority of the entire membership of the |
15 | Supreme Court within 30 days thereafter shall appoint the |
16 | chairman as aforesaid and certify his appointment to such |
17 | elections officer. |
18 | Any vacancy in the commission shall be filled within 15 days |
19 | in the same manner in which such position was originally filled. |
20 | (c) No later than 90 days after either the commission has |
21 | been duly certified or the population data for the Commonwealth |
22 | as determined by the Federal decennial census are available, |
23 | whichever is later in time, the commission shall file a |
24 | preliminary reapportionment plan with such elections officer. |
25 | The commission shall have 30 days after filing the |
26 | preliminary plan to make corrections in the plan. |
27 | Any person aggrieved by the preliminary plan shall have the |
28 | same 30-day period to file exceptions with the commission in |
29 | which case the commission shall have 30 days after the date the |
30 | exceptions were filed to prepare and file with such elections |
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1 | officer a revised reapportionment plan. If no exceptions are |
2 | filed within 30 days, or if filed and acted upon, the |
3 | commission's plan shall be final and have the force of law. |
4 | (d) Any aggrieved person may file an appeal from the final |
5 | plan directly to the Supreme Court within 30 days after the |
6 | filing thereof. If the appellant establishes that the final plan |
7 | is contrary to law, the Supreme Court shall issue an order |
8 | remanding the plan to the commission and directing the |
9 | commission to reapportion the Commonwealth in a manner not |
10 | inconsistent with such order. |
11 | (e) When the Supreme Court has finally decided an appeal or |
12 | when the last day for filing an appeal has passed with no appeal |
13 | taken, the reapportionment plan shall have the force of law and |
14 | the districts therein provided shall be used thereafter in |
15 | elections to the General Assembly until the next reapportionment |
16 | as required under this section 17. |
17 | (f) Any district which does not include the residence from |
18 | which a member of the Senate was elected whether or not |
19 | scheduled for election at the next general election shall elect |
20 | a Senator at such election. |
21 | (g) The General Assembly shall appropriate sufficient funds |
22 | for the compensation and expenses of members and staff appointed |
23 | by the commission, and other necessary expenses. The members of |
24 | the commission shall be entitled to such compensation for their |
25 | services as the General Assembly from time to time shall |
26 | determine, but no part thereof shall be paid until a preliminary |
27 | plan is filed. If a preliminary plan is filed but the commission |
28 | fails to file a revised or final plan within the time |
29 | prescribed, the commission members shall forfeit all right to |
30 | compensation not paid. |
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1 | (h) If a preliminary, revised or final reapportionment plan |
2 | is not filed by the commission within the time prescribed by |
3 | this section, unless the time be extended by the Supreme Court |
4 | for cause shown, the Supreme Court shall immediately proceed on |
5 | its own motion to reapportion the Commonwealth. |
6 | (i) Any reapportionment plan filed by the commission, or |
7 | ordered or prepared by the Supreme Court upon the failure of the |
8 | commission to act, shall be published by the elections officer |
9 | once in at least one newspaper of general circulation in each |
10 | senatorial and representative district. The publication shall |
11 | contain a map of the Commonwealth showing the complete |
12 | reapportionment of the General Assembly by districts, and a map |
13 | showing the reapportionment districts in the area normally |
14 | served by the newspaper in which the publication is made. The |
15 | publication shall also state the population of the senatorial |
16 | and representative districts having the smallest and largest |
17 | population and the percentage variation of such districts from |
18 | the average population for senatorial and representative |
19 | districts.] |
20 | (a) In each year following the Federal decennial census, a |
21 | Reapportionment Commission shall be constituted for the purpose |
22 | of reapportioning the districts of the Senate and House of |
23 | Representatives of the General Assembly and the districts |
24 | apportioned to the Commonwealth in the House of Representatives |
25 | of the United States Congress. Unless otherwise directed by |
26 | court order, legislative and congressional reapportionment shall |
27 | only be permitted once in the decade following the Federal |
28 | decennial census. |
29 | (b) The commission shall consist of nine members: eight of |
30 | whom shall be the majority and minority leaders and whips of |
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1 | both the Senate and House of Representatives, or deputies |
2 | appointed by each of them. The Supreme Court shall appoint one |
3 | member who shall serve as chairman who shall be a registered |
4 | voter within the Commonwealth for at least two years prior to |
5 | appointment. The chairman shall not hold an office of local, |
6 | State or Federal government to which compensation is attached at |
7 | the time of his appointment. The chairman shall not have held a |
8 | position within a political party for at least ten years prior |
9 | to appointment. No later than 60 days following the official |
10 | reporting of the Federal decennial census as required by Federal |
11 | law, the legislator members of the commission shall be certified |
12 | by the President pro tempore of the Senate and the Speaker of |
13 | the House of Representatives to the elections officer of the |
14 | Commonwealth who under law shall have supervision over |
15 | elections. The Supreme Court shall appoint the chairman of the |
16 | commission during the same 60-day period and shall certify the |
17 | appointment to the elections officer of the Commonwealth. Any |
18 | vacancy in the commission shall be filled within 15 days in the |
19 | same manner in which such position was originally filled. |
20 | (c) The commission may not utilize any political or personal |
21 | considerations in drafting any reapportionment plan either |
22 | legislative or congressional. The commission may not divide any |
23 | voting precinct that forms a single polygon in drafting any |
24 | reapportionment plan. The commission may not divide any county, |
25 | city, township, borough or incorporated town unless absolutely |
26 | necessary. In finding that a division is necessary, the |
27 | commission must file said findings in an addendum to each plan |
28 | adopted by the commission. The appropriate addendum must be |
29 | submitted to the General Assembly and the Supreme Court along |
30 | with each reapportionment plan under the provisions of this |
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1 | section. The commission shall adopt a standard measurement |
2 | defining compactness for the districts in each plan. No district |
3 | in any plan will be drafted by the commission with a compactness |
4 | measurement of less than 15% of the total ideal measurement for |
5 | a district. |
6 | (d) No later than 60 days after either the commission has |
7 | been duly certified or usable population data for the |
8 | Commonwealth is available, whichever is later in time, the |
9 | commission shall file a preliminary reapportionment plan for the |
10 | General Assembly with such elections officer. A public comment |
11 | period of 30 days shall commence with the filing of the |
12 | preliminary plan. |
13 | (e) The commission shall have 30 days after the date of the |
14 | expiration of the public comment period to prepare and adopt a |
15 | revised reapportionment plan for both Houses of the General |
16 | Assembly. The revised reapportionment plan shall be adopted and |
17 | submitted to the General Assembly upon a vote of at least seven |
18 | members of the commission for approval. The General Assembly |
19 | shall vote to approve or reject the plan without amendment |
20 | within 30 days from the date of submission. Upon approval of the |
21 | plan, the presiding officer of each House shall, in the presence |
22 | of the House over which he presides, sign the reapportionment |
23 | plan after its title has been read publicly immediately before |
24 | signing. The fact of the signing shall be entered on the journal |
25 | and the plan shall be filed with the chief elections officer of |
26 | the Commonwealth. |
27 | (f) If the revised reapportionment plan submitted by the |
28 | commission is not approved by both Houses of the General |
29 | Assembly within 30 days of submission, the commission shall |
30 | adopt a final reapportionment plan. In the event the revised |
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1 | reapportionment plan is rejected by either House of the General |
2 | Assembly, it shall be returned to the commission by the |
3 | presiding officer with a communication that the plan was |
4 | rejected. An additional 30-day public comment period shall |
5 | commence from the date of the rejection. The commission will |
6 | have a succeeding 30 days after the public comment period to |
7 | adopt a final plan upon approval of at least seven members. The |
8 | final plan shall be submitted to both Houses of the General |
9 | Assembly for approval. The General Assembly shall vote to |
10 | approve or reject the plan without amendment within 30 days from |
11 | the date of submission. Upon approval of the plan, the presiding |
12 | officer of each House shall, in the presence of the House over |
13 | which he presides, sign the reapportionment plan after its title |
14 | has been read publicly immediately before signing. The fact of |
15 | the signing shall be entered on the journal and the plan shall |
16 | then be filed with the chief elections officer of the |
17 | Commonwealth. |
18 | (g) Any aggrieved person may file an appeal from the final |
19 | plan directly to the Supreme Court within 30 days after the |
20 | filing of the final plan. If the appellant establishes that the |
21 | final plan is contrary to law, the Supreme Court shall issue an |
22 | order remanding the plan to the commission and directing the |
23 | commission to reapportion the Commonwealth in a manner not |
24 | inconsistent with such order. |
25 | (h) If the final reapportionment plan submitted by the |
26 | commission is not approved by both Houses of the General |
27 | Assembly within 30 days, the reapportionment commission shall |
28 | then submit both the revised and final reapportionment plans to |
29 | the Supreme Court within five days. |
30 | (i) The Supreme Court shall have 30 days to adopt either the |
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1 | revised reapportionment plan or the final reapportionment plan |
2 | as the plan to be utilized thereafter in elections to the |
3 | General Assembly until the next reapportionment as required |
4 | under this section. If the Supreme Court finds that both plans |
5 | are contrary to law, it shall issue an order remanding the plan |
6 | to the commission and directing the commission to reapportion |
7 | the Commonwealth in a manner not inconsistent with such order. |
8 | The commission shall then have 30 days to submit the |
9 | reapportionment plan to the Supreme Court. |
10 | (j) The General Assembly shall appropriate sufficient funds |
11 | for the compensation and expenses of members and staff appointed |
12 | by the commission, and other necessary expenses. The members of |
13 | the commission who are not members of the General Assembly shall |
14 | be entitled to such compensation for their services as the |
15 | General Assembly from time to time shall determine, but no part |
16 | thereof shall be paid until a preliminary legislative |
17 | reapportionment plan is filed. If a preliminary plan is filed |
18 | but the commission fails to file a revised or a final plan |
19 | within the time prescribed, the commission members shall forfeit |
20 | all right to compensation not paid. |
21 | (k) If a preliminary, revised or final legislative |
22 | reapportionment plan is not filed by the commission within the |
23 | time prescribed by this section, unless the time be extended by |
24 | the Supreme Court for cause shown, the Supreme Court shall |
25 | immediately proceed on its own motion to reapportion the |
26 | Commonwealth. |
27 | (l) Any reapportionment plan filed by the commission, or |
28 | ordered by the Supreme Court upon failure of the commission to |
29 | act, shall be published by the elections officer once in at |
30 | least one newspaper of general circulation in each senatorial |
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1 | and representative district. The publication shall contain a map |
2 | of the Commonwealth showing the complete reapportionment of the |
3 | General Assembly by districts, and a map showing the |
4 | reapportioned districts in the area normally served by the |
5 | newspaper in which the publication is made. The publication |
6 | shall also state the population of the senatorial and |
7 | representative districts having the smallest and largest |
8 | population and the percentage variation of such districts from |
9 | the average population for senatorial and representative |
10 | districts. |
11 | (m) No later than 20 days after the final legislative |
12 | reapportionment plan has been approved by either the General |
13 | Assembly or the Supreme Court, the commission shall file a |
14 | preliminary reapportionment plan for Representatives in the |
15 | United States Congress with the chief elections officer of the |
16 | Commonwealth. A public comment period of 30 days shall commence |
17 | with the filing of the preliminary congressional plan. |
18 | (n) The commission shall have 20 days after the date of the |
19 | expiration of the public comment period to prepare and adopt a |
20 | revised reapportionment plan for Representatives in the United |
21 | States Congress. The revised reapportionment plan shall be |
22 | adopted and submitted to the General Assembly upon a vote of at |
23 | least seven members of the commission for approval. The General |
24 | Assembly shall vote to approve or reject the plan without |
25 | amendment within 15 days from the date of submission. Upon |
26 | approval of the plan, the presiding officer of each House shall, |
27 | in the presence of the House over which he presides, sign the |
28 | reapportionment plan after its title has been read publicly |
29 | immediately before signing and the fact of the signing shall be |
30 | entered on the journal. The plan shall then be filed with the |
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1 | chief elections officer of the Commonwealth. |
2 | (o) If the revised reapportionment plan submitted by the |
3 | commission is not approved by both Houses of the General |
4 | Assembly within 15 days of submission, the commission shall |
5 | adopt a final reapportionment plan for the congressional |
6 | districts. In the event the revised reapportionment plan is |
7 | rejected by either House of the General Assembly, it shall be |
8 | returned to the commission by the presiding officer with a |
9 | communication that the plan was rejected. An additional 20-day |
10 | public comment period shall commence from the date of the |
11 | rejection of the revised plan. The commission will have a |
12 | succeeding 20 days after the public comment period to adopt a |
13 | final plan upon approval of at least seven members. The final |
14 | plan shall be submitted to both Houses of the General Assembly |
15 | for approval. The General Assembly shall vote to approve or |
16 | reject the plan without amendment within 15 days from the date |
17 | of submission. Upon approval of the plan, the presiding officer |
18 | of each House shall, in the presence of the House over which he |
19 | presides, sign the reapportionment plan after its title has been |
20 | read publicly immediately before signing and the fact of the |
21 | signing shall be entered on the journal. The plan shall then be |
22 | filed with the chief elections officer of the Commonwealth. |
23 | (p) Any aggrieved person may file an appeal from the final |
24 | plan directly to the Supreme Court within 30 days after the |
25 | filing thereof. If the appellant establishes that the final plan |
26 | is contrary to law, the Supreme Court shall issue an order |
27 | remanding the plan to the commission and directing the |
28 | commission to reapportion the Commonwealth in a manner not |
29 | inconsistent with such order. |
30 | (q) If the final reapportionment plan submitted by the |
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1 | commission is not approved by both Houses of the General |
2 | Assembly within 15 days, the reapportionment commission shall |
3 | then submit both the revised and final reapportionment plans to |
4 | the Supreme Court within five days. |
5 | (r) If an entirely new senatorial district is formed and if |
6 | it would not normally be electing a member of the Senate in the |
7 | following general election, the district shall initially elect a |
8 | senator for a term of two years in the general election. The |
9 | district shall thereafter elect a senator for a term of four |
10 | years. No member of the Senate shall continue to serve in office |
11 | after another member of the Senate begins that Senator's term of |
12 | service on the first day of December next after the election |
13 | representing the district. |
14 | (s) Population requirements are as follows: |
15 | (1) Congressional districts shall each have a population as |
16 | nearly equal as practicable. |
17 | (2) Legislative districts shall be established on the basis |
18 | of population. In no case shall the deviation of the overall |
19 | range of population of the most populous district from the least |
20 | populous district be greater than 8% of the average district |
21 | population for each house. |
22 | (t) The Supreme Court shall have 30 days to adopt either the |
23 | revised congressional reapportionment plan or the final |
24 | congressional reapportionment plan as the plan to be utilized |
25 | thereafter in elections to the Congress of the United States |
26 | until the next reapportionment as required under this section. |
27 | If the Supreme Court finds that both plans are contrary to law, |
28 | it shall issue an order remanding the plan to the commission and |
29 | directing the commission to reapportion the Commonwealth in a |
30 | manner not inconsistent with such order. The commission shall |
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1 | then have 15 days to submit the reapportionment plan to the |
2 | Supreme Court. |
3 | (u) If a preliminary, revised or final congressional |
4 | reapportionment plan is not filed by the commission within the |
5 | time prescribed by this section, unless the time be extended by |
6 | the Supreme Court for cause shown, the Supreme Court shall |
7 | immediately proceed on its own motion to reapportion the |
8 | congressional districts of the Commonwealth. |
9 | (v) Any congressional reapportionment plan filed by the |
10 | commission, or ordered by the Supreme Court upon failure of the |
11 | commission to act, shall be published by the elections officer |
12 | once in at least one newspaper of general circulation in each |
13 | congressional district. The publication shall contain a map of |
14 | the Commonwealth showing the complete reapportionment of the |
15 | congressional districts, and a map showing the reapportioned |
16 | districts in the area normally served by the newspaper in which |
17 | the publication is made. The publication shall also state the |
18 | population of the congressional districts having the smallest |
19 | and largest population and the percentage variation of such |
20 | districts from the average population for congressional |
21 | districts. |
22 | (w) Nothing contained in this section shall preclude the |
23 | General Assembly from enacting legislation that further defines |
24 | the provisions of this section or provides for additional |
25 | requirements or restrictions for legislative or congressional |
26 | reapportionment. |
27 | Section 2. (a) Upon the first passage by the General |
28 | Assembly of this proposed constitutional amendment, the |
29 | Secretary of the Commonwealth shall proceed immediately to |
30 | comply with the advertising requirements of section 1 of Article |
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1 | XI of the Constitution of Pennsylvania and shall transmit the |
2 | required advertisements to two newspapers in every county in |
3 | which such newspapers are published in sufficient time after |
4 | passage of this proposed constitutional amendment. |
5 | (b) Upon the second passage by the General Assembly of this |
6 | proposed constitutional amendment, the Secretary of the |
7 | Commonwealth shall proceed immediately to comply with the |
8 | advertising requirements of section 1 of Article XI of the |
9 | Constitution of Pennsylvania and shall transmit the required |
10 | advertisements to two newspapers in every county in which such |
11 | newspapers are published in sufficient time after passage of |
12 | this proposed constitutional amendment. The Secretary of the |
13 | Commonwealth shall submit this proposed constitutional amendment |
14 | to the qualified electors of this Commonwealth at the first |
15 | primary, general or municipal election which meets the |
16 | requirements of and is in conformance with section 1 of Article |
17 | XI of the Constitution of Pennsylvania and which occurs at least |
18 | three months after the proposed constitutional amendment is |
19 | passed by the General Assembly. |
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