SB 131 — 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.

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
 1   Proposing integrated and distinct amendments to the Constitution
 2      of the Commonwealth of Pennsylvania, repealing provisions
 3      relating to Legislative Reapportionment Commission and
 4      providing for Independent Redistricting Commission and for
 5      redistricting criteria.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby resolves as follows:
 8      Section 1.    The following integrated amendments to the
 9   Constitution of Pennsylvania are proposed in accordance with
10   Article XI:
11      (1)   That section 17 of Article II be repealed:
12   [§ 17.   Legislative Reapportionment Commission.
13      (a)   In each year following the year of the Federal decennial
14   census, a Legislative Reapportionment Commission shall be
15   constituted for the purpose of reapportioning the Commonwealth.
16   The commission shall act by a majority of its entire membership.
17      (b)   The commission shall consist of five members: four of
18   whom shall be the majority and minority leaders of both the
 1   Senate and the House of Representatives, or deputies appointed
 2   by each of them, and a chairman selected as hereinafter
 3   provided. No later than 60 days following the official reporting
 4   of the Federal decennial census as required by Federal law, the
 5   four members shall be certified by the President pro tempore of
 6   the Senate and the Speaker of the House of Representatives to
 7   the elections officer of the Commonwealth who under law shall
 8   have supervision over elections.
 9      The four members within 45 days after their certification
10   shall select the fifth member, who shall serve as chairman of
11   the commission, and shall immediately certify his name to such
12   elections officer. The chairman shall be a citizen of the
13   Commonwealth other than a local, State or Federal official
14   holding an office to which compensation is attached.
15      If the four members fail to select the fifth member within
16   the time prescribed, a majority of the entire membership of the
17   Supreme Court within 30 days thereafter shall appoint the
18   chairman as aforesaid and certify his appointment to such
19   elections officer.
20      Any vacancy in the commission shall be filled within 15 days
21   in the same manner in which such position was originally filled.
22      (c)   No later than 90 days after either the commission has
23   been duly certified or the population data for the Commonwealth
24   as determined by the Federal decennial census are available,
25   whichever is later in time, the commission shall file a
26   preliminary reapportionment plan with such elections officer.
27      The commission shall have 30 days after filing the
28   preliminary plan to make corrections in the plan.
29      Any person aggrieved by the preliminary plan shall have the
30   same 30-day period to file exceptions with the commission in

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 1   which case the commission shall have 30 days after the date the
 2   exceptions were filed to prepare and file with such elections
 3   officer a revised reapportionment plan. If no exceptions are
 4   filed within 30 days, or if filed and acted upon, the
 5   commission's plan shall be final and have the force of law.
 6      (d)   Any aggrieved person may file an appeal from the final
 7   plan directly to the Supreme Court within 30 days after the
 8   filing thereof. If the appellant establishes that the final plan
 9   is contrary to law, the Supreme Court shall issue an order
10   remanding the plan to the commission and directing the
11   commission to reapportion the Commonwealth in a manner not
12   inconsistent with such order.
13      (e)   When the Supreme Court has finally decided an appeal or
14   when the last day for filing an appeal has passed with no appeal
15   taken, the reapportionment plan shall have the force of law and
16   the districts therein provided shall be used thereafter in
17   elections to the General Assembly until the next reapportionment
18   as required under this section 17.
19      (f)   Any district which does not include the residence from
20   which a member of the Senate was elected whether or not
21   scheduled for election at the next general election shall elect
22   a Senator at such election.
23      (g)   The General Assembly shall appropriate sufficient funds
24   for the compensation and expenses of members and staff appointed
25   by the commission, and other necessary expenses. The members of
26   the commission shall be entitled to such compensation for their
27   services as the General Assembly from time to time shall
28   determine, but no part thereof shall be paid until a preliminary
29   plan is filed. If a preliminary plan is filed but the commission
30   fails to file a revised or final plan within the time

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 1   prescribed, the commission members shall forfeit all right to
 2   compensation not paid.
 3      (h)    If a preliminary, revised or final reapportionment plan
 4   is not filed by the commission within the time prescribed by
 5   this section, unless the time be extended by the Supreme Court
 6   for cause shown, the Supreme Court shall immediately proceed on
 7   its own motion to reapportion the Commonwealth.
 8      (i)    Any reapportionment plan filed by the commission, or
 9   ordered or prepared by the Supreme Court upon the failure of the
10   commission to act, shall be published by the elections officer
11   once in at least one newspaper of general circulation in each
12   senatorial and representative district. The publication shall
13   contain a map of the Commonwealth showing the complete
14   reapportionment of the General Assembly by districts, and a map
15   showing the reapportionment districts in the area normally
16   served by the newspaper in which the publication is made. The
17   publication shall also state the population of the senatorial
18   and representative districts having the smallest and largest
19   population and the percentage variation of such districts from
20   the average population for senatorial and representative
21   districts.]
22      (2)    That Article II be amended by adding a section to read:
23   § 18.    Independent Redistricting Commission.
24      (a)    In each year of the Federal decennial census, an
25   Independent Redistricting Commission shall be constituted for
26   the purpose of redistricting the Commonwealth. The commission
27   shall adopt a redistricting plan for legislative and
28   congressional districts on the basis of each Federal decennial
29   census in accordance with this section and such laws as the
30   General Assembly may enact to implement this section.

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 1      (b)   The commission shall consist of 11 members, as follows:
 2   four voters who are registered with the largest political party
 3   in this Commonwealth based on registration; four voters who are
 4   registered with the second-largest political party in this
 5   Commonwealth based on registration; and three voters who are not
 6   registered with either of the two largest political parties in
 7   this Commonwealth based on registration, with no more than one
 8   from any specific minor party.
 9      (c)   Each commissioner shall be a voter who has:
10      (1)   been continuously registered in Pennsylvania with the
11   same political party or unaffiliated with one of the two largest
12   political parties in the five years immediately preceding the
13   date of his or her appointment; and
14      (2)   voted in at least two of the last three statewide
15   general elections immediately preceding the date of his or her
16   appointment.
17      (d)   No person shall be eligible for appointment who is or
18   has been at any time in the past five years:
19      (1)   A declared candidate for partisan Federal, State or
20   local office.
21      (2)   An elected or appointed official to Federal, State or
22   local office, which shall not include local precinct election
23   officials.
24      (3)   An officer or member of the governing body of a
25   national, State or local political party.
26      (4)   A paid consultant or employee of a Federal, State or
27   local elected official or political candidate of a Federal,
28   State or local political candidate's campaign or of a political
29   party, legislative caucus or action committee.
30      (5)   A registered lobbyist.

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 1      (e)     No person shall be eligible for appointment who is a
 2   parent, stepparent, child, stepchild, sibling or spouse of any
 3   individual disqualified under subsection (d).
 4      (f)     For five years after the date of appointment, a
 5   commissioner shall be ineligible to hold elective office at the
 6   State, county or city level. For six years after the date of
 7   appointment, a commissioner shall be ineligible to hold or be a
 8   candidate for any elective office for which the districts are
 9   enacted by this commission.
10      (g)     For five years after the date of appointment, a
11   commissioner shall be ineligible to hold appointive Federal,
12   State or local public office, to serve as paid staff for the
13   General Assembly or any individual legislator or to register as
14   a Federal, State or local lobbyist in this Commonwealth.
15      (h)     The commission in whole shall reflect the Commonwealth's
16   geographic and demographic diversity, including, but not limited
17   to, racial, ethnic and gender diversity, to the greatest extent
18   practicable.
19      (i)     The secretary shall administer an application process
20   for individuals seeking appointment to the commission as
21   follows:
22      (1)     The secretary shall design an application form which
23   shall clearly state the legal obligations and expectations of
24   potential commissioners.
25      (2)     Beginning January 10 in each year ending in zero, the
26   secretary shall provide public notice of the application
27   process, commissioner qualifications and the selection process.
28   The secretary shall provide this notice in the language of the
29   applicable language minority group as well as in the English
30   language. Notice shall be widely distributed in order to reach

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 1   as many potential applicants as is feasible, including, but not
 2   limited to, the following:
 3      (i)     On the homepage of all publicly accessible Internet
 4   websites of Commonwealth agency communications platforms.
 5      (ii)    In the 10 most prominent print or online media outlets
 6   in this Commonwealth and in at least one prominent print
 7   publication in every county as determined by circulation or
 8   online readership.
 9      (iii)    On local television stations during local news
10   broadcasts in this Commonwealth.
11      (iv)    In media outlets that serve specific racial and ethnic
12   communities in this Commonwealth, with specific attention to
13   underserved or underrepresented populations. The secretary shall
14   provide such notice in the language or languages of applicable
15   language minority groups within those underserved or
16   underrepresented populations, in English, and as many additional
17   languages as the secretary deems appropriate to fulfill the
18   public notice requirement under this paragraph.
19      (v)     Through community groups that work with underserved or
20   underrepresented populations. The secretary shall provide such
21   notice in the language or languages of applicable language
22   minority groups within those underserved or underrepresented
23   populations, in English, and as many additional languages as the
24   secretary deems appropriate to fulfill the public notice
25   requirement under this paragraph.
26      (3)     Except as provided in paragraph (4), the secretary shall
27   continue to accept applications until June 1 of each year ending
28   in zero.
29      (4)     If the following thresholds are not satisfied by June 1
30   of each year ending in zero, the secretary shall conduct

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 1   targeted advertising to potential applicants in geographic and
 2   demographic groups that appear, as the secretary determines, to
 3   be missing from the existing pool in order to encourage the
 4   final applicant pool to reasonably reflect the racial,
 5   geographic and gender diversity of the Commonwealth, and
 6   continue to accept applications until the following is met,
 7   provided that the secretary shall not accept applications after
 8   August 1 of each year ending in zero:
 9      (i)    At least 80 eligible individuals who are registered with
10   the largest political party in this Commonwealth have applied.
11      (ii)    At least 80 eligible individuals who are registered
12   with the second-largest political party in this Commonwealth
13   have applied.
14      (iii)    At least 80 eligible individuals who are not
15   registered with the largest political party or second-largest
16   political party in this Commonwealth have applied.
17      (5)    An applicant must disclose, under the penalty of
18   perjury, the following information pertaining to the five years
19   before the submission of an application:
20      (i)    Political party registration.
21      (ii)    An explanation of why the applicant desires to serve on
22   the commission.
23      (iii)    Relevant leadership and community experiences.
24      (iv)    All reportable political contributions to candidates
25   for Federal, State or municipal office or to any committee
26   supporting or opposing the election of candidates to Federal,
27   State or municipal office.
28      (v)    Contractual and other financial interests with the
29   Commonwealth and with any other government-related entity.
30      (6)    Applicants under paragraph (5) may include up to four

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 1   letters of recommendation with their application.
 2      (7)    The secretary shall determine the eligibility of
 3   applicants to serve on the commission. If the documentation
 4   submitted by an applicant is insufficient to determine whether
 5   the applicant is eligible, the applicant shall be notified of
 6   elements lacking and allowed seven days from the date of
 7   notification to cure the application. Following the cure
 8   deadline applicants determined or deemed to be ineligible shall
 9   be notified of the reasons why they will not be included in the
10   final pool of applicants to be considered for appointment to the
11   commission.
12      (8)    Once ineligible applicants have been excluded, the
13   secretary shall separate applications into three pools
14   consisting of those who are:
15      (i)    registered with the largest political party in this
16   Commonwealth based on registration;
17      (ii)    registered with the second-largest political party in
18   this Commonwealth based on registration; and
19      (iii)     not registered with either of the two largest
20   political parties in this Commonwealth based on registration.
21      (j)    Once separated, each applicant pool shall be narrowed by
22   the State Ethics Commission to 60 applicants as reflective of
23   the diversity of this Commonwealth as possible. In narrowing
24   pools, the State Ethics Commission shall consider applicant
25   submissions, letters of recommendation, relevant publicly
26   available information and geographic, gender, racial and ethnic
27   diversity.
28      (k)    Once pools are narrowed, the State Ethics Commission
29   shall provide the lists of applicants to the leaders of the
30   General Assembly and post the lists on the publicly accessible

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 1   Internet websites of the State Ethics Commission and Department
 2   of State and the commission's publicly accessible communications
 3   platform. No later than September 1 of each year ending in zero,
 4   the Majority Leader and Minority Leader of the Senate and the
 5   Majority Leader and Minority Leader of the House of
 6   Representatives may each strike up to two applicants from each
 7   subpool. After the strikes, the State Ethics Commission shall
 8   post the revised lists in the same manners and in the same
 9   locations as the lists were previously posted under this
10   subsection.
11      (l)   Members of the commission shall be selected as follows:
12      (1)   No later than September 15 of each year ending in zero,
13   the secretary shall convene a public event, made available to
14   public view through all appropriate technologies, for the random
15   selection of the first six commissioners.
16      (2)   Names shall be drawn at random by the secretary or
17   designee in the following order: two from the largest party
18   pool; two from the second-largest party pool; two from the
19   unaffiliated or minor party pool. If a choice from the
20   unaffiliated or minor party pool is a second from a specific
21   minor party, that choice shall be set aside and another name
22   drawn until at least one of the two from the unaffiliated or
23   minority party pool is an unaffiliated voter.
24      (3)   Following the public drawing of the first six
25   candidates, the commission shall have 45 days to select an
26   additional two candidates from the largest party pool, two
27   candidates from the second-largest party pool, and one candidate
28   from the unaffiliated or minor party pool that is not the same
29   specific minor party as the first two candidates selected in
30   paragraph (2) to further balance commission demographics to

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 1   reasonably reflect the racial, geographic and gender diversity
 2   of the Commonwealth and, if possible, add needed skills or
 3   experience that may be lacking in the randomly selected six
 4   commissioners. In order to ensure the additional candidates meet
 5   these objectives, the commission may request interviews and
 6   information from the additional candidates as necessary. Final
 7   selection of the additional candidates shall be made by an
 8   affirmative vote of no less than four of the first six
 9   candidates drawn under paragraph (2), including at least one
10   commissioner from each of the pools. If the commission fails to
11   fill a seat, selection shall be made under subsection (r).
12      (m)   Before entering on the duties of the commission, the
13   commissioners shall take and subscribe to the oath of office in
14   accordance with the requirements of officers subject to section
15   3 of Article VI.
16      (n)   No later than December 1 of each year ending in zero,
17   the commissioners shall select one of the commissioners to serve
18   as chair and one of the commissioners to serve as vice chair.
19   The chair and vice chair may not be registered with the same
20   political party.
21      (o)   Commissioners may not engage in any of the following
22   political activities:
23      (1)   Using the commissioners' official authority or influence
24   for the purpose of interfering with or affecting the result of
25   an election; or
26      (2)   Taking an active part in a political campaign or in the
27   management of a political campaign of a candidate for public
28   office in an election or a candidate for political party office.
29      (p)   Commissioners shall be compensated at the rate of $300
30   per day, plus reimbursement for reasonable expenses incurred in

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 1   connection with the duties performed pursuant to this section,
 2   for each day attending commission meetings or otherwise carrying
 3   out the responsibilities of the commission. The rate of
 4   compensation shall be adjusted annually for inflation.
 5      (q)   The commission may remove one of its members in the
 6   event of substantial neglect of duty, gross misconduct in office
 7   or inability to discharge the duties of office. Removal shall
 8   require seven affirmative votes from the other members, after
 9   the member has been served written notice and provided an
10   opportunity to respond. Substantial neglect of duty includes
11   repeated failure to attend voting meetings without reasons
12   deemed excusable by the chair.
13      (r)   A vacancy in the commission shall be filled within 14
14   days from the time the commission is notified of the vacancy
15   using the same pool of applicants from which the vacating member
16   was chosen. The commission shall narrow the pool to demographics
17   reasonably reflecting the commissioner to be replaced, and the
18   secretary shall randomly select a new commissioner. If none of
19   the applicants are available for service from that narrowed
20   pool, the secretary shall fill the vacancy from those remaining
21   within the same pool of applicants from which the vacating
22   member was chosen.
23      (s)   The secretary shall establish a publicly accessible
24   communications platform for the commission. Once the
25   commissioners have been appointed and a communications
26   technology manager has been hired by the secretary, the
27   commission shall assume responsibility for managing and updating
28   the platform.
29      (t)   The communications platform shall include, but not be
30   limited to, all of the following information:

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 1      (1)    A description of the role of the commission.
 2      (2)    Timely information about the application process.
 3      (3)    Prominently posted information about the time, place and
 4   purpose of commission meetings.
 5      (4)    Precinct-level shapefiles and census block equivalency
 6   files.
 7      (5)    Precinct-level results from statewide primary and
 8   general elections for the past 10 years.
 9      (6)    Legal description and shapefiles from previous
10   redistricting cycles for all relevant maps.
11      (7)    Links to free, publicly accessible software tools
12   members of the public can use to create maps for submission and
13   quantitatively evaluate all proposed maps.
14      (8)    A portal for the submission of proposed congressional
15   and legislative district maps.
16      (9)    All congressional and legislative district maps or
17   portions of maps drawn by the commission or submitted by the
18   public.
19      (10)    The underlying data used to create or evaluate maps in
20   a format easily usable for analysis.
21      (11)    A portal for submission and curation of comments and
22   responses to any proposed maps or portions of maps.
23      (12)    Means for members of the public to comment directly on
24   specific submitted maps.
25      (13)    A video archive of all meetings of the commission.
26      (14)    Transcripts of all commission meetings.
27      (15)    Reports providing analysis of all submitted maps using
28   respected, readily available tools assessing required criteria.
29      (16)    Minutes of the commission's public meetings.
30      (17)    Any additional written materials referenced or used in

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 1   a public meeting of the commission for purposes of evaluating or
 2   creating maps.
 3      (u)    The commission shall post any data regarding
 4   congressional and legislative redistricting on the publicly
 5   accessible communications portal at the same time it is made
 6   available to the commission and the data shall be considered
 7   public record under applicable laws.
 8      (v)    The commission shall utilize population data for
 9   purposes of congressional and legislative redistricting that
10   reflects incarcerated individuals at their last known residence
11   if they were residents of this Commonwealth. All of the
12   following shall apply:
13      (1)    The population count used by the commission under this
14   subsection shall:
15      (i)    Not include individuals who were incarcerated or held in
16   a facility, as determined by the Federal decennial census, and
17   were not residents of this Commonwealth before their
18   incarceration or placement in a facility.
19      (ii)    Count individuals incarcerated or held in a facility,
20   as determined by the Federal decennial census, at their last
21   known residence before incarceration or placement in a facility
22   if the individuals were residents of this Commonwealth.
23      (2)    In each year immediately following the year in which the
24   Federal decennial census is taken and in which the United States
25   Census Bureau allocates incarcerated individuals as residents of
26   the facility in which they are incarcerated, the Department of
27   Corrections and the Department of Human Services shall furnish
28   to the Legislative Data Processing Center all of the information
29   necessary to implement this subsection no later than 15 days
30   after the United States Census Bureau releases the PL-94-171

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 1   redistricting data for Pennsylvania.
 2      (3)    The information required under paragraph (2) shall
 3   include, but not be limited to:
 4      (i)    A unique identifier, not including the name of every
 5   individual incarcerated or held in a facility at the time of the
 6   Federal decennial census.
 7      (ii)     The last known address of an individual described under
 8   subparagraph (i) before incarceration or placement in a
 9   facility.
10      (iii)    The census block of the facility in which an
11   individual under subparagraph (i) was incarcerated or held.
12      (iv)     The race, ethnicity and age of every individual
13   incarcerated or held in a facility described under subparagraph
14   (i), if known.
15      (v)    Any additional information as the Legislative Data
16   Processing Center may request pursuant to law.
17      (4)    The Department of Corrections shall request from the
18   Federal Bureau of Prisons the information listed under paragraph
19   (2) for every individual held in a facility under the
20   jurisdiction of the Federal Bureau of Prisons and located in
21   this Commonwealth.
22      (5)    The commission shall use the data provided under
23   paragraphs (3) and (4) to adjust the PL-94-171 population data
24   for Pennsylvania to ensure individuals incarcerated or held in a
25   facility are counted at their last known residence with regards
26   to redistricting if they were residents of this Commonwealth.
27      (w)    Six members of the commission shall constitute a quorum,
28   and actions by the commission shall be in a public meeting by
29   the affirmative vote of no less than seven commissioners,
30   including the following:

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 1      (1)   At least two commissioners registered with the largest
 2   political party in this Commonwealth.
 3      (2)   At least two commissioners registered with the second-
 4   largest political party in this Commonwealth.
 5      (3)   At least two commissioners who are not registered with
 6   the largest political party or second-largest political party in
 7   this Commonwealth.
 8      (x)   No later than January 1 of each year ending in one, the
 9   secretary or designee shall convene a series of public meetings
10   of the commission for the purposes of orientation and training,
11   including, but not limited to, the following topics:
12      (1)   52 U.S.C. Ch. 103 (relating to enforcement of voting
13   rights) and minority representation in Pennsylvania.
14      (2)   Mapping tools and respected analysis of district plans.
15      (3)   Understanding redistricting criteria.
16      (4)   Review of effective redistricting processes in other
17   states with independent citizens commissions.
18      (y)   The commission has the sole power to make its own rules
19   of procedure. The commission shall have procurement and
20   contracting authority to hire staff and consultants for the
21   purposes of this section, including legal representation. All
22   staff and consultants shall be retained through a public
23   application process undertaken with the assistance of the
24   Department of General Services. All applicants seeking to serve
25   the commission as a member of staff or a consultant shall be
26   subject to the restrictions in subsections (d) and (e).
27      (z)   The General Assembly shall appropriate a minimum of
28   $11,500,000 by January 1 in each year ending in zero, sufficient
29   to compensate the commissioners and to enable the commission to
30   carry out its functions, operations and activities. The

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 1   commission shall furnish reports of expenditures, at least
 2   annually, to the Governor and the General Assembly and shall be
 3   subject to annual audit as provided by law. Any remaining funds
 4   shall revert to the General Fund.
 5      (aa)   The commission shall have legal standing to prosecute
 6   an action regarding the adequacy of resources provided for the
 7   operation of the commission and to defend any action regarding
 8   an adopted plan. The commission shall inform the General
 9   Assembly if the commission determines that funds or other
10   resources provided for operation of the commission are not
11   adequate. The General Assembly shall provide adequate funding to
12   allow the commission to defend any action regarding an adopted
13   plan.
14      (bb)   The following shall apply to commission meetings,
15   records and communications:
16      (1)    The commission shall be considered a public body subject
17   to laws applicable to Commonwealth agencies, including open
18   meetings laws and laws allowing access to public records.
19      (2)    The proceedings of the commission or committees shall be
20   contemporaneously broadcast on the publicly accessible
21   communication platform in a way that allows for public viewing
22   and public interaction. To ensure public participation, meetings
23   and hearings shall be held at times that allow for broad
24   attendance and be widely advertised in multiple languages,
25   including, but not limited to, the language or languages of
26   applicable language minority groups within underserved or
27   underrepresented populations, in English, and as many additional
28   languages as the secretary deems appropriate to fulfill the
29   public access requirement under this paragraph.
30      (3)    Except for documents or communications subject to

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 1   attorney-client privilege, documents or communications created
 2   or received by a commissioner, a commission staff member or a
 3   consultant to the commission as a part of the commission's
 4   duties under this section shall not be exempt by any privilege.
 5      (4)    Records pertaining to a commission's action on a
 6   preliminary congressional or legislative district map or the
 7   analysis of a preliminary map shall be publicly disclosed on the
 8   commission's publicly accessible communication platform as soon
 9   as practicable after the records are created.
10      (5)    The commission shall develop a system for receiving
11   written comments from the public, including all electronic mail
12   formats and a comment portal on the publicly accessible Internet
13   website. The portal shall be able to facilitate real-time public
14   comment during live-streamed commission and committee meetings
15   and hearings. The comments shall be reviewed by the commission
16   and committees and given consideration equal to in-person
17   testimony.
18      (6)    A commissioner, commission staff member or consultant to
19   the commissioner may not communicate with any outside persons
20   concerning the map drawing process outside of public meetings
21   and public comment periods. To the extent that a commissioner,
22   commission staff member or consultant to the commissioner
23   receives a communication described under this paragraph, the
24   communication shall be publicly disclosed on the commission's
25   publicly accessible Internet website as soon as practicable
26   after the communication is received.
27      (cc)    The following shall apply to public hearings of the
28   commission:
29      (1)    To identify communities of interest and obtain other
30   information relevant to the drawing of congressional and

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 1   legislative districts, the commission shall seek public input.
 2   Beginning no later than April 1 in a year ending in one and
 3   before any proposed district maps are drawn, the commission
 4   shall hold no less than eight public hearings across this
 5   Commonwealth to solicit testimony from a representative cross-
 6   section of this Commonwealth's population. The commission shall
 7   provide at least 14 days' notice before a public hearing is held
 8   as specified under paragraph (2). At least one hearing shall be
 9   held in each of the four largest cities in this Commonwealth by
10   population, in central locations easily accessible by public
11   transportation. Remaining hearings shall be located to balance
12   accessibility in remaining portions of this Commonwealth.
13      (2)    The commission shall adequately advertise a public
14   hearing and schedule a public hearing in a manner to encourage
15   attendance, including scheduling the public hearings outside of
16   regular work hours and using technology that allows for real-
17   time, virtual participation and feedback in the public hearing.
18   The commission shall record a public hearing and post a video of
19   the public hearing on the commission's publicly accessible
20   communication platform within three days of the public hearing.
21      (dd)    The commission shall provide a meaningful opportunity
22   for all persons to participate in the redistricting process,
23   including, but not limited to, the following:
24      (1)    Issuing notices in multiple languages, including, but
25   not limited to, the language or languages of applicable language
26   minority groups within underserved or underrepresented
27   populations, in English, and as many additional languages as the
28   secretary deems appropriate to fulfill the public access
29   requirement under this subsection.
30      (2)    Ensuring that adequate translation services are

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 1   available at public hearings.
 2      (3)    Complying with all Federal and State law protections for
 3   individuals with disabilities.
 4      (4)    If the initial public input during the commission's
 5   public hearings does not appear to represent the diversity of
 6   this Commonwealth, the commission shall take remedial steps,
 7   including, but not limited to, conducting additional outreach,
 8   holding additional public hearings and identifying
 9   underrepresented communities.
10      (ee)   The following shall apply to the consideration and
11   approval of redistricting plans:
12      (1)    No later than September 1 of each year ending in one, or
13   no later than 60 days after population data for the Commonwealth
14   as determined by the Federal decennial census are available,
15   whichever comes later, the commission shall complete and provide
16   for public review at least one proposed redistricting plan for
17   each type of district.
18      (2)    All proposed redistricting plans and supporting reports
19   shall be made available to the public through the commission's
20   publicly accessible communication portal.
21      (3)    Accompanying reports shall include statistical data
22   regarding compliance with criteria, comparison to top scoring
23   submissions and explanation of rationale, plus explanation of
24   ways public submissions and comment were incorporated.
25      (4)    The commission, within 60 days following publication of
26   all preliminary plans as set forth in paragraph (1), shall
27   schedule and conduct at least eight public hearings, in
28   different geographic regions of this Commonwealth, to receive
29   comment and recommended changes for the preliminary plans. At
30   least one hearing shall be held in each of the four largest

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 1   cities in this Commonwealth by population, in central locations
 2   easily accessible by public transportation. Remaining hearings
 3   shall be located to balance accessibility in remaining portions
 4   of this Commonwealth. The public communication portal shall
 5   provide opportunity for public comment or partial maps
 6   submissions suggesting alterations on each preliminary plan.
 7      (5)    No later than December 1 of each year ending in one, or
 8   no later than 120 days after population data for the
 9   Commonwealth as determined by the Federal decennial census are
10   available, whichever comes first, the commission shall approve
11   and publish a final redistricting plan for each category. Final
12   plans must be accompanied by reports which shall include
13   statistical data regarding compliance with criteria, comparison
14   to top scoring submissions and explanation of rationale, plus
15   explanation of ways public submissions and comment were
16   incorporated.
17      (6)    Upon approval, the commission shall certify the
18   resulting redistricting plan to the secretary, which plan shall
19   constitute the certified final plan.
20      (ff)     If the commission does not complete and approve a final
21   redistricting plan by December 1, the following shall apply:
22      (1)    Each commissioner may propose one redistricting plan no
23   later than December 10 in each category that is the subject of
24   impasse. Each proposed redistricting plan shall be accompanied
25   by a written report that demonstrates the plan's compliance with
26   all applicable Federal and State laws, including redistricting
27   criteria.
28      (2)    All proposed plans, including any initial plans that
29   failed to receive a vote by December 1 in accordance with
30   section 5, plus all supporting written reports, shall be made

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 1   available for public review and comment for a period of 10 days.
 2      (3)     After the close of the public comment period, the
 3   commission shall vote on all proposed plans in each category as
 4   follows:
 5      (i)     Each commissioner shall rank all the plans submitted in
 6   each category according to preference, from most preferred to
 7   least preferred. Each commissioner shall rank their most
 8   preferred plan from the most preferred to least preferred plan,
 9   beginning with an integer of one for the most preferred plan. No
10   plan shall be unranked, and no two plans shall receive the same
11   ranking.
12      (ii)     If a majority of commissioners rank the same submitted
13   plan first, that plan shall be the final redistricting plan.
14      (iii)     If no submitted redistricting plan is ranked first by
15   a majority of commissioners, the final plan will be determined
16   by an elimination procedure as follows:
17      (iv)     Pairs of plans shall be compared, two at a time, in a
18   random sequence. In each comparison of proposed plans, it shall
19   be determined which of the two plans is preferred by a majority
20   of the commission, and the plan less preferred by a majority of
21   commissioners shall be eliminated.
22      (v)     The elimination procedure in subparagraph (iv) shall be
23   repeated among plans not eliminated until only one redistricting
24   plan remains in each category.
25      (4)     Upon approval of plans for all categories, the
26   commission shall certify the resulting combined redistricting
27   plan to the secretary, and that redistricting plan shall
28   constitute the certified final plan.
29      (gg)     The final plan shall have the force of law and the
30   districts provided in the final plan shall be used thereafter in

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 1   elections to the General Assembly and United States Congress
 2   until the next redistricting as required under this section.
 3      (hh)    The Department of State shall provide support to the
 4   commission in the performance of its duties.
 5      (ii)    The term of office of each member of the commission
 6   expires upon the appointment of the first member of the
 7   succeeding commission.
 8      (jj)    A district that does not include the residence from
 9   which a member of the Senate was elected whether or not
10   scheduled for election at the next general election shall elect
11   a Senator at the election.
12      (kk)    The following words and phrases when used in this
13   section shall have the meanings given to them in this subsection
14   unless the context clearly indicates otherwise:
15      "Commission."    The Independent Redistricting Commission.
16      "Commissioner" or "member."     A member of the Independent
17   Redistricting Commission.
18      "Facility."    The following:
19      (1)    A Federal or State correctional facility.
20      (2)    A State public facility for adjudicating delinquent
21   youth.
22      (3)    A county or municipal correctional facility.
23      "Federal decennial census."     The decennial census required by
24   Federal law to be conducted by the United States Census Bureau
25   in every year ending in zero.
26      "Final plan."    A plan for both congressional and legislative
27   redistricting filed with the secretary.
28      "Last known residence."    The address at which an individual
29   was last domiciled prior to the individual's incarceration or
30   placement in a facility as reported by the individual. For

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 1   individuals experiencing homelessness prior to incarceration or
 2   placement in a facility, the term shall mean the location where
 3   the individual regularly stayed or regularly received services
 4   prior to incarceration or placement as reported by the
 5   individual.
 6      "Redistricting plan."     A plan for congressional or
 7   legislative redistricting, or a plan for both congressional and
 8   legislative redistricting.
 9      "Secretary."    The Secretary of the Commonwealth.
10      Section 2.    The following distinct amendment to the
11   Constitution of Pennsylvania is proposed in accordance with
12   Article XI:
13      That Article II be amended by adding a section to read:
14   § 19.    Redistricting criteria.
15      (a)    In addition to the requirements of section 16, the
16   following standards shall apply, in descending order of
17   priority, and the commission shall provide a written explanation
18   of any deviation from these standards:
19      (1)    Districts shall comply with the United States
20   Constitution and comply with 52 U.S.C. Ch. 103 (relating to
21   enforcement of voting rights) and other Federal laws.
22      (2)    Districts shall provide racial minorities an equal
23   opportunity to participate in the political process and may not
24   dilute or diminish their ability to elect candidates of choice
25   whether alone or in coalition with others.
26      (3)    A redistricting plan may not provide an advantage to any
27   political party. An advantage to a political party shall be
28   determined by using accepted measures of partisan fairness.
29      (4)    A redistricting plan may not be drawn favoring or
30   disfavoring any incumbent elected official, candidate or

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 1   prospective candidate for elective office.
 2      (5)   Districts shall respect communities of interest to the
 3   extent practicable and after compliance with the requirements of
 4   paragraphs (1), (2), (3) and (4).
 5      (6)   The boundaries of each district shall be contiguous. A
 6   county or municipal fragment or enclave containing less than 50
 7   persons shall be considered contiguous to the district if the
 8   remainder of the county or municipality is wholly within the
 9   same district.
10      (7)   To the extent practicable, senatorial and representative
11   districts shall be drawn with the fewest number of divisions to
12   counties and municipalities within a population deviation of
13   2.5% above or below the ideal population. A county may not
14   contain more senatorial districts than the number required by
15   the population plus one. A county may not contain more
16   representative districts than the number required by the
17   population plus two. A precinct may not be split in the drawing
18   of district lines.
19      (8)   To the extent practicable, congressional districts shall
20   be drawn with the fewest number of divisions to counties and
21   municipalities within a population deviation of .25% above or
22   below the ideal population. A county may not contain more
23   congressional districts than the number required by the
24   population plus one. A precinct may not be split in the drawing
25   of district lines.
26      (9)   To the extent possible without violating the preceding
27   criteria, districts shall be compact in form as determined
28   through standard compactness measures and district boundaries
29   shall conform to natural boundaries existing in the physical
30   geography of an area.

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 1      (b)   If any provision of this section is declared invalid or
 2   unconstitutional by a court, the validity of the remainder shall
 3   not be affected by the invalidity or unconstitutionality.
 4      (c)   The following words and phrases when used in this
 5   section shall have the meanings given to them in this subsection
 6   unless the context clearly indicates otherwise:
 7      "Community of interest."    An area with recognized
 8   similarities of interests, including, but not limited to,
 9   ethnic, racial, economic, tribal, social, cultural, geographic
10   or historic identities. Counties, municipalities, townships and
11   school districts may constitute communities of interest,
12   provided that the record before the commission clearly and
13   convincingly demonstrates such subdivision is a community of
14   people who have broadly shared interests and representational
15   needs that are greater than those of other overlapping
16   communities of interest. A community of interest shall not
17   include common relationships with political parties or political
18   candidates.
19      Section 3.   (a)   Upon the first passage by the General
20   Assembly of these proposed constitutional amendments, the
21   Secretary of the Commonwealth shall proceed immediately to
22   comply with the advertising requirements of section 1 of Article
23   XI of the Constitution of Pennsylvania and shall transmit the
24   required advertisements to two newspapers in every county in
25   which such newspapers are published in sufficient time after
26   passage of these proposed constitutional amendments.
27      (b)   Upon the second passage by the General Assembly of these
28   proposed constitutional amendments, the Secretary of the
29   Commonwealth shall proceed immediately to comply with the
30   advertising requirements of section 1 of Article XI of the

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 1   Constitution of Pennsylvania and shall transmit the required
 2   advertisements to two newspapers in every county in which such
 3   newspapers are published in sufficient time after passage of
 4   these proposed constitutional amendments. The Secretary of the
 5   Commonwealth shall:
 6          (1)   Submit the proposed constitutional amendments under
 7      section 1 of this resolution to the qualified electors of
 8      this Commonwealth as a single ballot question at the first
 9      general or municipal election which meets the requirements of
10      and is in conformance with section 1 of Article XI of the
11      Constitution of Pennsylvania and which occurs at least three
12      months after the proposed constitutional amendments are
13      passed by the General Assembly.
14          (2)   Submit the proposed constitutional amendment under
15      section 2 of this resolution to the qualified electors of
16      this Commonwealth as a separate ballot question at the first
17      general or municipal election which meets the requirements of
18      and is in conformance with section 1 of Article XI of the
19      Constitution of Pennsylvania and which occurs at least three
20      months after the proposed constitutional amendment is passed
21      by the General Assembly.




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