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APPORTIONMENT AND REDISTRICTING
Despite this Constitutional mandate many Pennsylvania House and Senate districts do not meet these standards. Instead, districts are drawn in such a way that incumbents and or candidates of a political party are protected from meaningful electoral competition. This type of redistricting is popularly known as gerrymandering. The term was coined in 1813 by combining the last name of the then governor of Massachusetts with the word salamander to describe the shape of an election district created by members of his party. Pennsylvania’s Legislative redistricting has been described as a “bipartisan incumbent protective gerrymander.” By one measurement Pennsylvania is the second most gerrymandered state in the country. Gerrymandering is one of the factors that reduce electoral competition. Until the 2006 primary election when a 2005 pay raise scandal resulted in many incumbent legislators losing their reelection bids, Pennsylvania had one of the highest rates of legislative incumbent reelection in the country. Uncompetitive elections and lack of meaningful choices results in unaccountable government, legislative gridlock and low voter turnout. The 2001 Reapportionment
plans for Pennsylvania Congressional and Legislative District can be
found on the PA Department of State website at this
link. Pennsylvania’s 2001 Congressional redistricting map was appealed to the US Supreme Court (Veith v. Jubelirer) and was upheld on a 5-4 split. The appeal was made by a township which was divided into four Congressional districts. One county is now represented by five different members of the U.S. House of Representatives. In this case all nine justices agreed that excessive partisanship in redistricting is unconstitutional but could not define a standard for what is excessive. The results of this
case and others show that citizens cannot rely on the courts to strike
down redistricting plans based on partisan gerrymandering. Instead,
citizens must find a way to control the process. Redistricting
Principles • Protect
the voting rights of minorities. The League believes that the redistricting process should: • Assign the
redistricting power to an independent commission.
Five Constitutional amendment proposals were introduced during the 2007-08 Legislative session. Three of these proposals would have placed the power to redraw both Congressional and Legislative districts in the hands of the same type of Reapportionment Commission which now has the exclusive power to redraw Legislative district boundaries. Removing Congressional redistricting from the direct control of the General Assembly is desirable. When both branches are controlled by the same party, the process will favor the party in power. In 2001, the Republican Party controlled both the PA House and Senate and the governorship. A bipartisan commission would ensure that both parties are equally represented in the process. The governor would have no role in approving any plan produced. A fourth proposal, HB 84 sponsored by Rep. Thomas Tangretti (D-Westmoreland) and SB 346, sponsored by Senator Lisa M. Boscola (D-Lehigh), would have more radically changed the process Two other proposals would more radically change the process. Under HB 84 sponsored by Rep. Thomas Tangretti (D-Westmoreland) and SB 346 sponsored by Senator Lisa M. Boscola (D-Lehigh) both Congressional and Legislative redistricting would be done by a Reapportionment Bureau. Its plans would be subject to approval by a majority of the House and Senate without amendment. In the event that a plan cannot get a majority of the House and Senate after being returned to the Bureau twice for revision, it can be amended. The bills would also create a five-member temporary redistricting advisory commission appointed by the legislative leadership who would then select a fifth member to serve as chair. Commission members and their relatives cannot hold public office. The advisory commission would be responsible for holding public hearings on any plan submitted to the General Assembly. The provisions of HB84 and SB346 failed the test of redistricting by independent commission. Final authority over approval of any plan rests with the General Assembly which could reject every plan submitted by the bureau and write its own plan. The League backed a fifth proposal (HB2420) sponsored by Rep. Steve Samuelson (D-Lehigh, Northampton) and a similar proposal sponsored by Senator Jeffrey E. Piccola as an amendment to SB 346. Under these proposals, the legislature would still vote to approve legislative and congressional plans but could not amend any plan. HB2420 had 95 cosponsors. The League supported bills defined parameters for compactness and for dividing political subdivisions and prohibit political considerations in drawing district lines, required that districts represent communities of interest and prohibit use of political affiliations of registered voters and addresses of incumbents in drawing districts. Our proposal also provided for public input which would at the start of the process when stakeholders can alert the redistricting body to their various concerns including communities of interest that should be considered in preparing a plan. The public could also be invited to submit redistricting plans for consideration. In the public comment period following submission of a plan prepared by the bureau or commission, interested groups and individuals should also be able to submit alternate plans for consideration. Our proposed amendment would have also provided that additional provision for public input and other redistricting parameters could be accomplished through the regular legislative process. Despite obvious
broad based bipartisan support among rank and file legislators, both
HB2420 and the amended version of SB 346 were stalled in the House and
Senate State Government committees respectively.
• Party affiliation
data of any political subdivision; Our proposal would also require that any plan proposed by the Commission that deviates from prescribed criteria to be accompanied by an explanation for why the deviation is necessary. It also establishes criteria for public input and participation. For a full description of our plan click here. Representative Babette Josephs (D-Philadelphia) and Representative Steve Samuelson (D-Lehigh, Northampton) have drafter the Redistricting Reform and Openness Act (ROFA) which contains many of the elements of the League’s proposals. We are working with them to develop legislation we can fully support. For more information please see the following documentation: The Shape of Representative Democracy Gerrymandering Index White Paper Updated 7/09
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Government - Election
Laws Social
Policy |
League of
Women Voters of Pennsylvania - 226 Forster Street Harrisburg, PA 17102 Citizen Information Center: 1-800-692-7281 - Phone (717) 234-1576 - Fax: (717) 234-8341 League Information: 800-JOIN-LWV - E-mail: info@palwv.org |