Pennsylvania Redistricting Take 2

Reprinted courtesy of the Jewish Social Policy Action Network

A new set of district maps for the Pennsylvania House and Senate was proposed on April 12, 2012, by the Legislative Reapportionment Commission. In response to the Supreme Court of Pennsylvania’s ruling in February in Holt v. LRC, the Commission proposed new maps with fewer divisions of counties and municipalities. A thirty-day period is provided for members of the public to testify at a hearing on May 2 or to file written comments with respect to the proposed maps. JSPAN and the Philadelphia Jewish Voice are members of a coalition of non-profit agencies and individuals studying the newly proposed districts. We invite your comments and suggestions.

LRC Press Release After the Jump

Video continues at LRC website.
Legislative Reapportionment Commission Press Release

On Thursday, April 12, 2012, the 2011 Legislative Reapportionment Commission, by a majority vote, approved and filed with the Secretary of State a Preliminary Reapportionment Plan for the Commonwealth of Pennsylvania. A copy of the Preliminary Plan is located on the Commission’s website.

In accordance with Article II, Section 17(c), of the Pennsylvania Constitution, all persons aggrieved by the Preliminary Plan must file exceptions with the Commission within thirty days of the April 12, 2012 filing date. All exceptions must be in writing and contain the name of the individual, a signature, mailing address, and daytime telephone number. Individuals who wish to submit an alternative plan with their written exceptions to the Commission are requested to file a paper copy, and, if that alternative plan is prepared using computer software, a copy of the
“shapefile” of that plan. Written exceptions to the Preliminary Plan must be received by the
Commission on or before 5:00 p.m. on May 14, 2012.
Written exceptions submitted in a traditional format may be mailed to: Charles E. O’Connor, Jr., Esquire, Executive Director, 2011 Legislative Reapportionment Commission, 104 North Office Building, Harrisburg, PA 17120

Individuals who wish to file written exceptions via email are requested to use “Contact Us” link located at the bottom of the home page of the Pennsylvania Redistricting Website at and, in the first line of the message, type the word “EXCEPTION.”

The exception may thereafter be typed directly into the “Message” box or electronically attached
using the “Message Attachments” box.

A public hearing will also be held on May 2, 2012 at 2:00p.m., in Hearing Room #1, North Office Building, Harrisburg, PA 17120 to receive any comments on the Preliminary Plan. Please note that individuals who file written exceptions to the plan and wish to present their exceptions at this hearing shall also make a request to be scheduled for that presentation at the public hearing. Please call (717) 705-6339 for additional information.

The Legislative Reapportionment Commission Strikes Out

Great news to report from the Pennsylvania Supreme Court!

Gerrymandering declared unconstitutional in Holt v. 2011 Legislative Reapportionment Commission.

Our recent article The Legislative Reapportionment Commission Strikes Back explained Pennsylvania’s flawed redistricting process. Many local leaders petitioned the Pennsylvania Supreme Court about how their communities had been diced into a number of legislative districts. The LRC countered those claims by appealing to the big picture: those splits were “necessary”. Meanwhile, Amanda Holt et al and State Senator Jay Costa et al each proposed a complete redistricting map superior to the LRC’s official map according to all of the relevant criteria: they split fewer communities, the districts were more compact and equal in population, etc. The LRC countered these petitions saying that they usurped the LRC’s traditional authority.


Amanda Holt

In the past few citizens had the technological know how to propose redistricting maps of their own so unfair maps went unchallenged. Now private citizens like Amanda Holt can produce such maps on their personal computers. In fact,  Philadelphia, Ohio, Michigan, Virginia and Arizona have held redistricting contests literally inviting their citizens to help draw the lines.

The Pennsylvania Supreme Court agreed with the petitioners and rejected the LRC’s gerrymander. The vote was 4-3 with Justices Castille (R), Baer (D), Todd (D) and McCaffery (D) in the majority, and Justices Saylor (R), Eakin (R) and Melvin (R) dissenting. Chief Justice Ronald D. Castille crossed party lines and joined the three democratic Associate Justices in the per curium order remanding the redistricting back to the Legislative Reapportionment Commission which will have to start over again.

AND NOW, this 25th day of January, 2012, upon consideration of the petitions for review and briefs in these legislative redistricting appeals, and after entertaining oral argument on January 23, 2012, this court finds that the final 2011 Legislative Reapportionment Plan is contrary to law. PA. CONST. art. II, Sec. 17(d). Accordingly, the final 2011 Legislative Reapportionment Plan is REMANDED to the 2011 Legislative Reapportionment Commission with a directive to reapportion the Commonwealth in a manner consistent with this Court’s Opinion which will follow.

The 2001 Legislative Reapportionment Plan… shall remain in effect until a revised final 2011 Legislative Reapportionment Plan having the force of law is approved.

In the meantime, we will stick with the old districts drawn in 2001.

Is the idea that voters should choose their representatives passé?

For too long, politicians have usurped the rights of citizen’s to choose their representatives, instead gerrymandering their states, effectively choosing the people who are most likely to elect them. Hopefully this decision will limit the ability of politicians to choose their constituents and put the power back where it belongs — in the hands of the people.

The new calendar for nominating petitions follows the jump.

  • Today, January 26. Nomination petitions can be circulated using the old districts. Signatures dated January 24 or January 25 will still be accepted even if they come from the districts on the rejected LRC plan.
  • Thursday, February 16, last day to file nominating petitions.
  • Thursday, February 23, last day to file objections to nominating petitions.
  • Monday, February 27, last day court may hold hearings on objections to nominating petitions.
  • Friday, March 2, list of candidates for the primary is finalized. This is the last day for the court to rule on objections to nominating petitions, and the last day for candidates to withdraw.

The Legislative Reapportionment Commission Strikes Back


Pennsylvania’s historic gerrymander is approaching a conclusion.

Let’s review the story so far.

  • Act One: Stacking the Deck. The Census Bureau released the data for Pennsylvania from the 2010 Census on March 11, 2011, but the Legislative Reapportionment Commission on a party-line vote delayed choosing their fifth and final member until the Republican-controlled Pennsylvania Supreme Court stepped in and named Judge Stephen McEwen (R) on April 19.
  • Act Two: Running Out The Clock. According to a plain reading of the Pennsylvania Constitution, the LRC then had a 90-day deadline and had to prepare a preliminary plan by July 18. There would then be 60 days for “corrections” and hearings, leading to a final plan by September 17.
    Any appeals to that plan would have to be filed within 30 days or by October 16. This schedule is designed to give plenty of time for potential candidates to plan before filing to run in next year’s elections. However, according to the Republicans on the Legislative Reapportionment Commission, Pennsylvania does not have census data until they say that Pennsylvania has census data. The LRC’s first public meeting was not until August 17, and at that time, they certified their approval of the United States Census data for Pennsylvania and declared that this would start the 90-day clock. By a stroke of the pen, the Republicans bought themselves four months of time.
  • Act Three: Bait and Switch. Republicans on the Committee pretend to negotiate with the Democrats in good faith, and then reveal their secret, partisan redistricting plan minutes before the LRC votes along party lines. The 2011 poster child for the abuse of voters’ rights to fair elections is manifested in central Pennsylvania’s 15th Senatorial district shown above. Currently, the district encompasses Harrisburg and its suburbs east of the Susquehanna River, plus a small adjacent section of York County. But in an attempt to protect an embattled incumbent Senator, the LRC created a new district that eliminates troublesome Harrisburg constituents. So instead of being contained almost entirely in a compact Dauphin County region, the new 15th district snakes through Dauphin, Cumberland, Perry, York and Adams counties creating a 150 mile horseshoe that dismantles any sense of community.
  • Act Four: General Outrage. Local community leaders object that their communities have been  divided into multiple districts — contrary to the protections offered by the Pennsylvania Constitution. The plan has been opposed by public officials throughout the gerrymander. Concerned citizen Amanda Holt develops a map of her own using more compact districts which minimizes splits of county and townships.
  • Act Five: Our Protests Fall On Deaf Ears. December 12, the LRC issues its final redistricting plan, and eleven groups of Pennsylvanians file petitions with the Pennsylvania Supreme Court challenging this map.

Now, the Legislative Reapportionment Commission has responded to the various petitions.

Some of the petitions are by mayors and other locals officials whose communities have been split, packed, cracked and otherwise gerrymandered by the proposed map. The LRC argues that such local concerns should be ignored because splits are necessary in one corner of the state in order to avoid other problems elsewhere.

However, the complaints by Amanda Holt et al and Senator Jay Costa et al take a holistic approach. They both propose complete maps which satisfying the Federal and State requirements of equal population, compact districts, etc. while avoiding splits better than does the LRC map. However, the LRC does not accept this sort of map, saying that approving a map which was not created by the LRC would “invite the public at large to usurp the Commission’s responsibilities and subvert its constitutional role.”

The LRC argues that their plan is no more gerrymandered than previous redistricting maps, and perhaps they are correct on this point. However, computer technology is much more widespread now than it was in 1980 or 1990 or 2000. Back then the only people who could understand the arcane world of redistricting were experts with years of training and expensive equipment, so political operatives were able to get away with a lot of mischief. Now, ordinary citizens like Amanda Holt are able to work with the same data that the LRC has been working with, and if her map is better than the LRC’s map according to all of the criteria mentioned in the Voting Rights Act, the United States Constitution and the Pennsylvania Constitution, then it should be adopted in place of the flawed plan put forward by the LRC.

Oral arguments are scheduled for this Monday, January 23 in the Supreme Court Courtroom at the Capitol Building in Harrisburg.

Because of the delays imposed by the Republicans on the LRC, the Supreme Court will have little time to decide. Candidates will start circulating nominating petitions for the primaries the very next day: Tuesday, January 24. It would be very confusing to change the district lines once the primary is underway. (The nominating petitions are due on February 14.)

The question is whether the Pennsylvania Supreme Court will act like a partisan body and rubber stamp the gerrymander by a 4-3 party line vote, or whether they will stand up for the Pennsylvania Constitution and protect the voting rights of Pennsylvanians across the political spectrum.