PRIOR PASSAGE - NONE
PRINTER'S NO. 494
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.131
Session of
2025
INTRODUCED BY KEARNEY, COMITTA, SCHWANK, FONTANA, SAVAL,
PENNYCUICK, CAPPELLETTI, COSTA, BARTOLOTTA, KIM, KANE,
BOSCOLA, L. WILLIAMS, PISCIOTTANO AND MILLER, MARCH 26, 2025
REFERRED TO STATE GOVERNMENT, MARCH 26, 2025
A JOINT RESOLUTION
Proposing integrated and distinct amendments to the Constitution
of the Commonwealth of Pennsylvania, repealing provisions
relating to Legislative Reapportionment Commission and
providing for Independent Redistricting Commission and for
redistricting criteria.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following integrated amendments to the
Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 17 of Article II be repealed:
[§ 17. Legislative Reapportionment Commission.
(a) In each year following the year of the Federal decennial
census, a Legislative Reapportionment Commission shall be
constituted for the purpose of reapportioning the Commonwealth.
The commission shall act by a majority of its entire membership.
(b) The commission shall consist of five members: four of
whom shall be the majority and minority leaders of both the
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18 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 decennial 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
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.
(c) No later than 90 days after either the commission has
been duly certified or the population data for the Commonwealth
as determined by the Federal decennial 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
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30 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
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
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30 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
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.]
(2) That Article II be amended by adding a section to read:
§ 18. Independent Redistricting Commission.
(a) In each year of the Federal decennial census, an
Independent Redistricting Commission shall be constituted for
the purpose of redistricting the Commonwealth. The commission
shall adopt a redistricting plan for legislative and
congressional districts on the basis of each Federal decennial
census in accordance with this section and such laws as the
General Assembly may enact to implement this section.
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30 (b) The commission shall consist of 11 members, as follows:
four voters who are registered with the largest political party
in this Commonwealth based on registration; four voters who are
registered with the second-largest political party in this
Commonwealth based on registration; and three voters who are not
registered with either of the two largest political parties in
this Commonwealth based on registration, with no more than one
from any specific minor party.
(c) Each commissioner shall be a voter who has:
(1) been continuously registered in Pennsylvania with the
same political party or unaffiliated with one of the two largest
political parties in the five years immediately preceding the
date of his or her appointment; and
(2) voted in at least two of the last three statewide
general elections immediately preceding the date of his or her
appointment.
(d) No person shall be eligible for appointment who is or
has been at any time in the past five years:
(1) A declared candidate for partisan Federal, State or
local office.
(2) An elected or appointed official to Federal, State or
local office, which shall not include local precinct election
officials.
(3) An officer or member of the governing body of a
national, State or local political party.
(4) A paid consultant or employee of a Federal, State or
local elected official or political candidate of a Federal,
State or local political candidate's campaign or of a political
party, legislative caucus or action committee.
(5) A registered lobbyist.
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30 (e) No person shall be eligible for appointment who is a
parent, stepparent, child, stepchild, sibling or spouse of any
individual disqualified under subsection (d).
(f) For five years after the date of appointment, a
commissioner shall be ineligible to hold elective office at the
State, county or city level. For six years after the date of
appointment, a commissioner shall be ineligible to hold or be a
candidate for any elective office for which the districts are
enacted by this commission.
(g) For five years after the date of appointment, a
commissioner shall be ineligible to hold appointive Federal,
State or local public office, to serve as paid staff for the
General Assembly or any individual legislator or to register as
a Federal, State or local lobbyist in this Commonwealth.
(h) The commission in whole shall reflect the Commonwealth's
geographic and demographic diversity, including, but not limited
to, racial, ethnic and gender diversity, to the greatest extent
practicable.
(i) The secretary shall administer an application process
for individuals seeking appointment to the commission as
follows:
(1) The secretary shall design an application form which
shall clearly state the legal obligations and expectations of
potential commissioners.
(2) Beginning January 10 in each year ending in zero, the
secretary shall provide public notice of the application
process, commissioner qualifications and the selection process.
The secretary shall provide this notice in the language of the
applicable language minority group as well as in the English
language. Notice shall be widely distributed in order to reach
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30 as many potential applicants as is feasible, including, but not
limited to, the following:
(i) On the homepage of all publicly accessible Internet
websites of Commonwealth agency communications platforms.
(ii) In the 10 most prominent print or online media outlets
in this Commonwealth and in at least one prominent print
publication in every county as determined by circulation or
online readership.
(iii) On local television stations during local news
broadcasts in this Commonwealth.
(iv) In media outlets that serve specific racial and ethnic
communities in this Commonwealth, with specific attention to
underserved or underrepresented populations. The secretary shall
provide such notice in the language or languages of applicable
language minority groups within those underserved or
underrepresented populations, in English, and as many additional
languages as the secretary deems appropriate to fulfill the
public notice requirement under this paragraph.
(v) Through community groups that work with underserved or
underrepresented populations. The secretary shall provide such
notice in the language or languages of applicable language
minority groups within those underserved or underrepresented
populations, in English, and as many additional languages as the
secretary deems appropriate to fulfill the public notice
requirement under this paragraph.
(3) Except as provided in paragraph (4), the secretary shall
continue to accept applications until June 1 of each year ending
in zero.
(4) If the following thresholds are not satisfied by June 1
of each year ending in zero, the secretary shall conduct
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30 targeted advertising to potential applicants in geographic and
demographic groups that appear, as the secretary determines, to
be missing from the existing pool in order to encourage the
final applicant pool to reasonably reflect the racial,
geographic and gender diversity of the Commonwealth, and
continue to accept applications until the following is met,
provided that the secretary shall not accept applications after
August 1 of each year ending in zero:
(i) At least 80 eligible individuals who are registered with
the largest political party in this Commonwealth have applied.
(ii) At least 80 eligible individuals who are registered
with the second-largest political party in this Commonwealth
have applied.
(iii) At least 80 eligible individuals who are not
registered with the largest political party or second-largest
political party in this Commonwealth have applied.
(5) An applicant must disclose, under the penalty of
perjury, the following information pertaining to the five years
before the submission of an application:
(i) Political party registration.
(ii) An explanation of why the applicant desires to serve on
the commission.
(iii) Relevant leadership and community experiences.
(iv) All reportable political contributions to candidates
for Federal, State or municipal office or to any committee
supporting or opposing the election of candidates to Federal,
State or municipal office.
(v) Contractual and other financial interests with the
Commonwealth and with any other government-related entity.
(6) Applicants under paragraph (5) may include up to four
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30 letters of recommendation with their application.
(7) The secretary shall determine the eligibility of
applicants to serve on the commission. If the documentation
submitted by an applicant is insufficient to determine whether
the applicant is eligible, the applicant shall be notified of
elements lacking and allowed seven days from the date of
notification to cure the application. Following the cure
deadline applicants determined or deemed to be ineligible shall
be notified of the reasons why they will not be included in the
final pool of applicants to be considered for appointment to the
commission.
(8) Once ineligible applicants have been excluded, the
secretary shall separate applications into three pools
consisting of those who are:
(i) registered with the largest political party in this
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.
(j) Once separated, each applicant pool shall be narrowed by
the State Ethics Commission to 60 applicants as reflective of
the diversity of this Commonwealth as possible. In narrowing
pools, the State Ethics Commission shall consider applicant
submissions, letters of recommendation, relevant publicly
available information and geographic, gender, racial and ethnic
diversity.
(k) Once pools are narrowed, the State Ethics Commission
shall provide the lists of applicants to the leaders of the
General Assembly and post the lists on the publicly accessible
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30 Internet websites of the State Ethics Commission and Department
of State and the commission's publicly accessible communications
platform. No later than September 1 of each year ending in zero,
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. After the strikes, the State Ethics Commission shall
post the revised lists in the same manners and in the same
locations as the lists were previously posted under this
subsection.
(l) Members of the commission shall be selected as follows:
(1) No later than September 15 of each year ending in zero,
the secretary shall convene a public event, made available to
public view through all appropriate technologies, for the random
selection of the first six commissioners.
(2) Names shall be drawn at random by the secretary or
designee in the following order: two from the largest party
pool; two from the second-largest party pool; two from the
unaffiliated or minor party pool. If a choice from the
unaffiliated or minor party pool is a second from a specific
minor party, that choice shall be set aside and another name
drawn until at least one of the two from the unaffiliated or
minority party pool is an unaffiliated voter.
(3) Following the public drawing of the first six
candidates, the commission shall have 45 days to select an
additional two candidates from the largest party pool, two
candidates from the second-largest party pool, and one candidate
from the unaffiliated or minor party pool that is not the same
specific minor party as the first two candidates selected in
paragraph (2) to further balance commission demographics to
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30 reasonably reflect the racial, geographic and gender diversity
of the Commonwealth and, if possible, add needed skills or
experience that may be lacking in the randomly selected six
commissioners. In order to ensure the additional candidates meet
these objectives, the commission may request interviews and
information from the additional candidates as necessary. Final
selection of the additional candidates shall be made by an
affirmative vote of no less than four of the first six
candidates drawn under paragraph (2), including at least one
commissioner from each of the pools. If the commission fails to
fill a seat, selection shall be made under subsection ( r ).
(m) Before entering on the duties of the commission, the
commissioners shall take and subscribe to the oath of office in
accordance with the requirements of officers subject to section
3 of Article VI.
(n) No later than December 1 of each year ending in zero,
the commissioners shall select one of the commissioners to serve
as chair and one of the commissioners to serve as vice chair.
The chair and vice chair may not be registered with the same
political party.
(o) Commissioners may not engage in any of the following
political activities:
(1) Using the commissioners' official authority or influence
for the purpose of interfering with or affecting the result of
an election; or
(2) Taking an active part in a political campaign or in the
management of a political campaign of a candidate for public
office in an election or a candidate for political party office.
(p) Commissioners shall be compensated at the rate of $300
per day, plus reimbursement for reasonable expenses incurred in
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30 connection with the duties performed pursuant to this section,
for each day attending commission meetings or otherwise carrying
out the responsibilities of the commission. The rate of
compensation shall be adjusted annually for inflation.
(q) The commission may remove one of its members in the
event of substantial neglect of duty, gross misconduct in office
or inability to discharge the duties of office. Removal shall
require seven affirmative votes from the other members, after
the member has been served written notice and provided an
opportunity to respond. Substantial neglect of duty includes
repeated failure to attend voting meetings without reasons
deemed excusable by the chair.
(r) A vacancy in the commission shall be filled within 14
days from the time the commission is notified of the vacancy
using the same pool of applicants from which the vacating member
was chosen. The commission shall narrow the pool to demographics
reasonably reflecting the commissioner to be replaced, and the
secretary shall randomly select a new commissioner. If none of
the applicants are available for service from that narrowed
pool, the secretary shall fill the vacancy from those remaining
within the same pool of applicants from which the vacating
member was chosen.
(s) The secretary shall establish a publicly accessible
communications platform for the commission. Once the
commissioners have been appointed and a communications
technology manager has been hired by the secretary, the
commission shall assume responsibility for managing and updating
the platform.
(t) The communications platform shall include, but not be
limited to, all of the following information:
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30 (1) A description of the role of the commission.
(2) Timely information about the application process.
(3) Prominently posted information about the time, place and
purpose of commission meetings.
(4) Precinct-level shapefiles and census block equivalency
files.
(5) Precinct-level results from statewide primary and
general elections for the past 10 years.
(6) Legal description and shapefiles from previous
redistricting cycles for all relevant maps.
(7) Links to free, publicly accessible software tools
members of the public can use to create maps for submission and
quantitatively evaluate all proposed maps.
(8) A portal for the submission of proposed congressional
and legislative district maps.
(9) All congressional and legislative district maps or
portions of maps drawn by the commission or submitted by the
public.
(10) The underlying data used to create or evaluate maps in
a format easily usable for analysis.
(11) A portal for submission and curation of comments and
responses to any proposed maps or portions of maps.
(12) Means for members of the public to comment directly on
specific submitted maps.
(13) A video archive of all meetings of the commission.
(14) Transcripts of all commission meetings.
(15) Reports providing analysis of all submitted maps using
respected, readily available tools assessing required criteria.
(16) Minutes of the commission's public meetings.
(17) Any additional written materials referenced or used in
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30 a public meeting of the commission for purposes of evaluating or
creating maps.
(u) The commission shall post any data regarding
congressional and legislative redistricting on the publicly
accessible communications portal at the same time it is made
available to the commission and the data shall be considered
public record under applicable laws.
(v) The commission shall utilize population data for
purposes of congressional and legislative redistricting that
reflects incarcerated individuals at their last known residence
if they were residents of this Commonwealth. All of the
following shall apply:
(1) The population count used by the commission under this
subsection shall:
(i) Not include individuals who were incarcerated or held in
a facility, as determined by the Federal decennial census, and
were not residents of this Commonwealth before their
incarceration or placement in a facility.
(ii) Count individuals incarcerated or held in a facility,
as determined by the Federal decennial census, at their last
known residence before incarceration or placement in a facility
if the individuals were residents of this Commonwealth.
(2) In each year immediately following the year in which the
Federal decennial census is taken and in which the United States
Census Bureau allocates incarcerated individuals as residents of
the facility in which they are incarcerated, the Department of
Corrections and the Department of Human Services shall furnish
to the Legislative Data Processing Center all of the information
necessary to implement this subsection no later than 15 days
after the United States Census Bureau releases the PL-94-171
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30 redistricting data for Pennsylvania.
(3) The information required under paragraph (2) shall
include, but not be limited to:
(i) A unique identifier, not including the name of every
individual incarcerated or held in a facility at the time of the
Federal decennial census.
(ii) The last known address of an individual described under
subparagraph (i) before incarceration or placement in a
facility.
(iii) The census block of the facility in which an
individual under subparagraph (i) was incarcerated or held.
(iv) The race, ethnicity and age of every individual
incarcerated or held in a facility described under subparagraph
(i), if known.
(v) Any additional information as the Legislative Data
Processing Center may request pursuant to law.
(4) The Department of Corrections shall request from the
Federal Bureau of Prisons the information listed under paragraph
(2) for every individual held in a facility under the
jurisdiction of the Federal Bureau of Prisons and located in
this Commonwealth.
(5) The commission shall use the data provided under
paragraphs (3) and (4) to adjust the PL-94-171 population data
for Pennsylvania to ensure individuals incarcerated or held in a
facility are counted at their last known residence with regards
to redistricting if they were residents of this Commonwealth.
(w) Six members of the commission shall constitute a quorum,
and actions by the commission shall be in a public meeting by
the affirmative vote of no less than seven commissioners,
including the following:
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30 (1) At least two commissioners registered with the largest
political party in this Commonwealth.
(2) At least two commissioners registered with the second-
largest political party in this Commonwealth.
(3) At least two commissioners who are not registered with
the largest political party or second-largest political party in
this Commonwealth.
(x) No later than January 1 of each year ending in one, the
secretary or designee shall convene a series of public meetings
of the commission for the purposes of orientation and training,
including, but not limited to, the following topics:
(1) 52 U.S.C. Ch. 103 (relating to enforcement of voting
rights) and minority representation in Pennsylvania.
(2) Mapping tools and respected analysis of district plans.
(3) Understanding redistricting criteria.
(4) Review of effective redistricting processes in other
states with independent citizens commissions.
(y) The commission has the sole power to make its own rules
of procedure. The commission shall have procurement and
contracting authority to hire staff and consultants for the
purposes of this section, including legal representation. All
staff and consultants shall be retained through a public
application process undertaken with the assistance of the
Department of General Services. All applicants seeking to serve
the commission as a member of staff or a consultant shall be
subject to the restrictions in subsections (d) and (e).
(z) The General Assembly shall appropriate a minimum of
$11,500,000 by January 1 in each year ending in zero, sufficient
to compensate the commissioners and to enable the commission to
carry out its functions, operations and activities. The
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30 commission shall furnish reports of expenditures, at least
annually, to the Governor and the General Assembly and shall be
subject to annual audit as provided by law. Any remaining funds
shall revert to the General Fund.
(aa) The commission shall have legal standing to prosecute
an action regarding the adequacy of resources provided for the
operation of the commission and to defend any action regarding
an adopted plan. The commission shall inform the General
Assembly if the commission determines that funds or other
resources provided for operation of the commission are not
adequate. The General Assembly shall provide adequate funding to
allow the commission to defend any action regarding an adopted
plan.
(bb) The following shall apply to commission meetings,
records and communications:
(1) The commission shall be considered a public body subject
to laws applicable to Commonwealth agencies, including open
meetings laws and laws allowing access to public records.
(2) The proceedings of the commission or committees shall be
contemporaneously broadcast on the publicly accessible
communication platform in a way that allows for public viewing
and public interaction. To ensure public participation, meetings
and hearings shall be held at times that allow for broad
attendance and be widely advertised in multiple languages,
including, but not limited to, the language or languages of
applicable language minority groups within underserved or
underrepresented populations, in English, and as many additional
languages as the secretary deems appropriate to fulfill the
public access requirement under this paragraph.
(3) Except for documents or communications subject to
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30 attorney-client privilege, documents or communications created
or received by a commissioner, a commission staff member or a
consultant to the commission as a part of the commission's
duties under this section shall not be exempt by any privilege.
(4) Records pertaining to a commission's action on a
preliminary congressional or legislative district map or the
analysis of a preliminary map shall be publicly disclosed on the
commission's publicly accessible communication platform as soon
as practicable after the records are created.
(5) The commission shall develop a system for receiving
written comments from the public, including all electronic mail
formats and a comment portal on the publicly accessible Internet
website. The portal shall be able to facilitate real-time public
comment during live-streamed commission and committee meetings
and hearings. The comments shall be reviewed by the commission
and committees and given consideration equal to in-person
testimony.
(6) A commissioner, commission staff member or consultant to
the commissioner may not communicate with any outside persons
concerning the map drawing process outside of public meetings
and public comment periods. To the extent that a commissioner,
commission staff member or consultant to the commissioner
receives a communication described under this paragraph, the
communication shall be publicly disclosed on the commission's
publicly accessible Internet website as soon as practicable
after the communication is received.
(cc) The following shall apply to public hearings of the
commission:
(1) To identify communities of interest and obtain other
information relevant to the drawing of congressional and
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30 legislative districts, the commission shall seek public input.
Beginning no later than April 1 in a year ending in one and
before any proposed district maps are drawn, the commission
shall hold no less than eight public hearings across this
Commonwealth to solicit testimony from a representative cross-
section of this Commonwealth's population. The commission shall
provide at least 14 days' notice before a public hearing is held
as specified under paragraph (2). At least one hearing shall be
held in each of the four largest cities in this Commonwealth by
population, in central locations easily accessible by public
transportation. Remaining hearings shall be located to balance
accessibility in remaining portions of this Commonwealth.
(2) The commission shall adequately advertise a public
hearing and schedule a public hearing in a manner to encourage
attendance, including scheduling the public hearings outside of
regular work hours and using technology that allows for real-
time, virtual participation and feedback in the public hearing.
The commission shall record a public hearing and post a video of
the public hearing on the commission's publicly accessible
communication platform within three days of the public hearing.
(dd) The commission shall provide a meaningful opportunity
for all persons to participate in the redistricting process,
including, but not limited to, the following:
(1) Issuing notices in multiple languages, including, but
not limited to, the language or languages of applicable language
minority groups within underserved or underrepresented
populations, in English, and as many additional languages as the
secretary deems appropriate to fulfill the public access
requirement under this subsection.
(2) Ensuring that adequate translation services are
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30 available at public hearings.
(3) Complying with all Federal and State law protections for
individuals with disabilities.
(4) If the initial public input during the commission's
public hearings does not appear to represent the diversity of
this Commonwealth, the commission shall take remedial steps,
including, but not limited to, conducting additional outreach,
holding additional public hearings and identifying
underrepresented communities.
(ee) The following shall apply to the consideration and
approval of redistricting plans:
(1) No later than September 1 of each year ending in one, or
no later than 60 days after population data for the Commonwealth
as determined by the Federal decennial census are available,
whichever comes later, the commission shall complete and provide
for public review at least one proposed redistricting plan for
each type of district.
(2) All proposed redistricting plans and supporting reports
shall be made available to the public through the commission's
publicly accessible communication portal.
(3) Accompanying reports shall include statistical data
regarding compliance with criteria, comparison to top scoring
submissions and explanation of rationale, plus explanation of
ways public submissions and comment were incorporated.
(4) The commission, within 60 days following publication of
all preliminary plans as set forth in paragraph (1), shall
schedule and conduct at least eight public hearings, in
different geographic regions of this Commonwealth, to receive
comment and recommended changes for the preliminary plans. At
least one hearing shall be held in each of the four largest
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30 cities in this Commonwealth by population, in central locations
easily accessible by public transportation. Remaining hearings
shall be located to balance accessibility in remaining portions
of this Commonwealth. The public communication portal shall
provide opportunity for public comment or partial maps
submissions suggesting alterations on each preliminary plan.
(5) No later than December 1 of each year ending in one, or
no later than 120 days after population data for the
Commonwealth as determined by the Federal decennial census are
available, whichever comes first, the commission shall approve
and publish a final redistricting plan for each category. Final
plans must be accompanied by reports which shall include
statistical data regarding compliance with criteria, comparison
to top scoring submissions and explanation of rationale, plus
explanation of ways public submissions and comment were
incorporated.
(6) Upon approval, the commission shall certify the
resulting redistricting plan to the secretary, which plan shall
constitute the certified final plan.
(ff) If the commission does not complete and approve a final
redistricting plan by December 1, the following shall apply:
(1) Each commissioner may propose one redistricting plan no
later than December 10 in each category that is the subject of
impasse. Each proposed redistricting plan shall be accompanied
by a written report that demonstrates the plan's compliance with
all applicable Federal and State laws, including redistricting
criteria.
(2) All proposed plans, including any initial plans that
failed to receive a vote by December 1 in accordance with
section 5, plus all supporting written reports, shall be made
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(3) After the close of the public comment period, the
commission shall vote on all proposed plans in each category as
follows:
(i) Each commissioner shall rank all the plans submitted in
each category according to preference, from most preferred to
least preferred. Each commissioner shall rank their most
preferred plan from the most preferred to least preferred plan,
beginning with an integer of one for the most preferred plan. No
plan shall be unranked, and no two plans shall receive the same
ranking.
(ii) If a majority of commissioners rank the same submitted
plan first, that plan shall be the final redistricting plan.
(iii) If no submitted redistricting plan is ranked first by
a majority of commissioners, the final plan will be determined
by an elimination procedure as follows:
(iv) Pairs of plans shall be compared, two at a time, in a
random sequence. In each comparison of proposed plans, it shall
be determined which of the two plans is preferred by a majority
of the commission, and the plan less preferred by a majority of
commissioners shall be eliminated.
(v) The elimination procedure in subparagraph (iv) shall be
repeated among plans not eliminated until only one redistricting
plan remains in each category.
(4) Upon approval of plans for all categories, the
commission shall certify the resulting combined redistricting
plan to the secretary, and that redistricting plan shall
constitute the certified final plan.
(gg) The final plan shall have the force of law and the
districts provided in the final plan shall be used thereafter in
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30 elections to the General Assembly and United States Congress
until the next redistricting as required under this section.
(hh) The Department of State shall provide support to the
commission in the performance of its duties.
(ii) The term of office of each member of the commission
expires upon the appointment of the first member of the
succeeding commission.
(jj) A district that 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 the election.
(kk) 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 Independent Redistricting Commission.
"Commissioner" or "member." A member of the Independent
Redistricting Commission.
"Facility." The following:
(1) A Federal or State correctional facility.
(2) A State public facility for adjudicating delinquent
youth.
(3) A county or municipal correctional facility.
"Federal decennial census." The decennial census required by
Federal law to be conducted by the United States Census Bureau
in every year ending in zero.
"Final plan." A plan for both congressional and legislative
redistricting filed with the secretary.
"Last known residence." The address at which an individual
was last domiciled prior to the individual's incarceration or
placement in a facility as reported by the individual. For
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30 individuals experiencing homelessness prior to incarceration or
placement in a facility, the term shall mean the location where
the individual regularly stayed or regularly received services
prior to incarceration or placement as reported by the
individual.
"Redistricting plan." A plan for congressional or
legislative redistricting, or a plan for both congressional and
legislative redistricting.
"Secretary." The Secretary of the Commonwealth.
Section 2. The following distinct amendment to the
Constitution of Pennsylvania is proposed in accordance with
Article XI:
That Article II be amended by adding a section to read:
§ 19. Redistricting criteria.
(a) In addition to the requirements of section 16, the
following standards shall apply, in descending order of
priority, and the commission shall provide a written explanation
of any deviation from these standards:
(1) Districts shall comply with the United States
Constitution and comply with 52 U.S.C. Ch. 103 (relating to
enforcement of voting rights) and other Federal laws.
(2) Districts shall provide racial minorities an equal
opportunity to participate in the political process and may not
dilute or diminish their ability to elect candidates of choice
whether alone or in coalition with others.
(3) A redistricting plan may not provide an advantage to any
political party. An advantage to a political party shall be
determined by using accepted measures of partisan fairness.
(4) A redistricting plan may not be drawn favoring or
disfavoring any incumbent elected official, candidate or
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30 prospective candidate for elective office.
(5) Districts shall respect communities of interest to the
extent practicable and after compliance with the requirements of
paragraphs (1), (2), (3) and (4).
(6) The boundaries of each district shall be contiguous. A
county or municipal fragment or enclave containing less than 50
persons shall be considered contiguous to the district if the
remainder of the county or municipality is wholly within the
same district.
(7) To the extent practicable, senatorial and representative
districts shall be drawn with the fewest number of divisions to
counties and municipalities within a population deviation of
2.5% above or below the ideal population. A county may not
contain more senatorial districts than the number required by
the population plus one. A county may not contain more
representative districts than the number required by the
population plus two. A precinct may not be split in the drawing
of district lines.
(8) To the extent practicable, congressional districts shall
be drawn with the fewest number of divisions to counties and
municipalities within a population deviation of .25% above or
below the ideal population. A county may not contain more
congressional districts than the number required by the
population plus one. A precinct may not be split in the drawing
of district lines.
(9) To the extent possible without violating the preceding
criteria, districts shall be compact in form as determined
through standard compactness measures and district boundaries
shall conform to natural boundaries existing in the physical
geography of an area.
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30 (b) If any provision of this section is declared invalid or
unconstitutional by a court, the validity of the remainder shall
not be affected by the invalidity or unconstitutionality.
(c) 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:
"Community of interest." An area with recognized
similarities of interests, including, but not limited to,
ethnic, racial, economic, tribal, social, cultural, geographic
or historic identities. Counties, municipalities, townships and
school districts may constitute communities of interest,
provided that the record before the commission clearly and
convincingly demonstrates such subdivision is a community of
people who have broadly shared interests and representational
needs that are greater than those of other overlapping
communities of interest. A community of interest shall not
include common relationships with political parties or political
candidates.
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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30 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
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 as a separate ballot question at the first
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.
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