Proper authority for apportioning districts in Pennsylvania

Fishking · Jan 31, 2018

It seems there are a lot of misunderstandings w/regard to how the districts are created and approved in Pennsylvania. This thread is to educate people so they can stop being suckered by propaganda and judicial overreach.

The apportionment of the districts occur after every Federal decennial census. There is a regulation on the creation of the commission and then a timeline for their submission to traverse until it is approved. If there is an aggrieved person has a timeline to file an exception, which will then be ruled upon by the PA Supreme Court. Once that has happened, and the PA Supreme Court has made it's ruling, the new districts goes into full effect and there is no redo or re-litigation of it. It is done, full stop. The courts only time to rule on it is after the next Federal decennial census, which is 2020. The PA Supreme Court already ruled the current districts as constitutional in 2013. The current ruling should never have even happened and they have overreached on their authority.

https://ballotpedia.org/Article_II,_Pennsylvania_Constitution

(c) No later than ninety 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 thirty days after filling the preliminary plan to make corrections in the plan. Any person aggrieved by the preliminary plan shall have the same thirty-day period to file exceptions with the commission in which case the commission shall thirty days after the date the exceptions were filled to prepare and file with such elections officer a revised reapportionment plan. If no exceptions are filled within thirty 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 thirty 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.

Casper · Jan 31, 2018

Fishking said:
It seems there are a lot of misunderstandings w/regard to how the districts are created and approved in Pennsylvania. This thread is to educate people so they can stop being suckered by propaganda and judicial overreach.

The apportionment of the districts occur after every Federal decennial census. There is a regulation on the creation of the commission and then a timeline for their submission to traverse until it is approved. If there is an aggrieved person has a timeline to file an exception, which will then be ruled upon by the PA Supreme Court. Once that has happened, and the PA Supreme Court has made it's ruling, the new districts goes into full effect and there is no redo or re-litigation of it. It is done, full stop. The courts only time to rule on it is after the next Federal decennial census, which is 2020. The PA Supreme Court already ruled the current districts as constitutional in 2013. The current ruling should never have even happened and they have overreached on their authority.

https://ballotpedia.org/Article_II,_Pennsylvania_Constitution

Did Penn adhere to the following:
Section 16

"Text of Section 16:
Legislative Districts

The Commonwealth shall be divided into fifty senatorial and two hundred three representative districts, which shall be composed of compact and contiguous territory as nearly equal in population as practicable. Each senatorial district shall elect one Senator, and each representative district one Representative. Unless absolutely necessary no county, city, incorporated town, borough, township or ward shall be divided in forming either a senatorial or representative district.

commission members shall forfeit all right to compensation not paid.

(g) 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.

(h) 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 male. 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."

I ask because there is some reason that a judge says that they need to redraw their lines, do you know the actual ruling?

Anagram · Jan 31, 2018

Fishking said:
It seems there are a lot of misunderstandings w/regard to how the districts are created and approved in Pennsylvania. This thread is to educate people so they can stop being suckered by propaganda and judicial overreach.

The apportionment of the districts occur after every Federal decennial census. There is a regulation on the creation of the commission and then a timeline for their submission to traverse until it is approved. If there is an aggrieved person has a timeline to file an exception, which will then be ruled upon by the PA Supreme Court. Once that has happened, and the PA Supreme Court has made it's ruling, the new districts goes into full effect and there is no redo or re-litigation of it. It is done, full stop. The courts only time to rule on it is after the next Federal decennial census, which is 2020. The PA Supreme Court already ruled the current districts as constitutional in 2013. The current ruling should never have even happened and they have overreached on their authority.

https://ballotpedia.org/Article_II,_Pennsylvania_Constitution

It took me awhile to find the reason behind the discrepancy. That provision refers to the State legislative districts of Pennsylvania. Only the State House and State Senate districts are handled by the Legislative Commission in Article II. And it was the state map, not the federal one, which was ruled Constitutional in 2013.

Sources:

Pa. high court upholds redistricting plan - Philly

Congressional Redistricting - Legislative Redistricting

Congressional redistricting is not handled by the Legislative Reapportionment Commission.

Rather, the boundaries of Congressional seats in Pennsylvania are redrawn after every Federal decennial census by legislative action – in other words, a bill which proceeds through both chambers of the General Assembly and is signed into law by the Governor.

Fishking · Jan 31, 2018

Anagram said:
It took me awhile to find the reason behind the discrepancy. That provision refers to the State legislative districts of Pennsylvania. Only the State House and State Senate districts are handled by the Legislative Commission in Article II. And it was the state map, not the federal one, which was ruled Constitutional in 2013.

Sources:

Pa. high court upholds redistricting plan - Philly

Congressional Redistricting*- Legislative Redistricting

Interesting point. And was it not vetting via the proper measures? I don't see much of anything on it and the procedures and methods for approvals and challenges.

Fishking · Jan 31, 2018

Casper said:
I ask because there is some reason that a judge says that they need to redraw their lines, do you know the actual ruling?

It may be the difference in what map is being talked about, as pointed out by Anagram.

Casper · Jan 31, 2018

Fishking said:
It may be the difference in what map is being talked about, as pointed out by Anagram.

I just got that.

Fishking · Jan 31, 2018

Casper said:
I just got that.

Anagram said:
It took me awhile to find the reason behind the discrepancy. That provision refers to the State legislative districts of Pennsylvania. Only the State House and State Senate districts are handled by the Legislative Commission in Article II. And it was the state map, not the federal one, which was ruled Constitutional in 2013.

I'll dig more into this and get back to you, one way or another, because I want to drill down into the various regulations in their contexts.

MrWonka · Feb 2, 2018

Fishking said:
It seems there are a lot of misunderstandings w/regard to how the districts are created and approved in Pennsylvania. This thread is to educate people so they can stop being suckered by propaganda and judicial overreach.

Apparently, it is you who are falling for propaganda and an obvious misunderstanding of the law. This is not a typical appeal, it is a challenge to the constitutionality of the districts. These districts violate federal law and your state laws are irrelevant. You can cite them until you're blue in the face, and it will not matter because federal law overrules it.