Bill Summary – FastDemocracy

PRIOR PASSAGE - NONE
                                                     PRINTER'S NO.    1674
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 1076
                                               Session of
                                                 2024
     INTRODUCED BY KEARNEY, SAVAL, COMITTA, CAPPELLETTI, COSTA AND
        SCHWANK, JUNE 4, 2024
     REFERRED TO STATE GOVERNMENT, JUNE 4, 2024
                              A JOINT RESOLUTION
 Proposing integrated and distinct amendments to the Constitution
    of the Commonwealth of Pennsylvania, repealing provisions
    relating to Legislative Redistricting 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    (1)   That section 17 of Article II be repealed: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
 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
 which case the commission shall have 30 days after the date the
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 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
 prescribed, the commission members shall forfeit all right to
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 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.
    (b)    The commission shall consist of 11 members, as follows:
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 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 a political party 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.
    (e)   No person shall be eligible for appointment who is a
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 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 10 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 1 in each year ending in zero, the
 secretary shall provide public notice of the application
 process, commissioner qualifications and the selection process.
 Notice shall be widely distributed in order to reach as many
 potential applicants as is feasible, including, but not limited
 to, the following:
    (i)     On the home page of all publicly accessible Internet
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 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.
    (v)    Through community groups that work with underserved or
 underrepresented populations.
    (3)    The secretary shall continue to accept applications
 until June 1 of each year ending in zero or, if the following is
 not satisfied by June 1, until the following is met:
    (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.
    (4)    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.
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    (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.
    (5)    Applicants under paragraph (4) may include up to four
 letters of recommendation with their application.
    (6)    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.
    (7)    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 the most qualified 60 applicants
 as reflective of the diversity of the Commonwealth as possible.
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 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. No later than July 15 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.
    (l)     Members of the commission shall be selected as follows:
    (1)     No later than August 1 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 eight commissioners.
    (2)     Names shall be drawn at random by the secretary or
 designee in the following order: three from the largest party
 pool; three 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.
    (3)     Following the public drawing of the first eight
 candidates, the State Ethics Commission shall have 15 days to
 select an additional candidate from each pool to further balance
 commission demographics to 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 eight commissioners.
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    (m)   Commissioners shall be compensated at the rate of $250
 per day, plus reimbursement for reasonable expenses incurred in
 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.
    (n)   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.
    (o)   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 State Ethics 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 remaining applicants are available
 for service, the secretary shall fill the vacancy from a new
 pool of applicants created from the same voter registration
 category as the vacating member.
    (p)   The secretary shall establish a publicly accessible
 communicat