Article II, Section 17 of the Constitution of the Commonwealth of Pennsylvania states, “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.”
With the 2020 Census having finished on October 15 and 99.98 percent of American households being counted, the redistricting process can begin in Pennsylvania. However, this is further complicated by recent developments since the last census in 2010. In 2018, the Pennsylvania Supreme Court ruled in League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania that the Republican-controlled legislature’s 2011 redistricting plan was fueled by partisan gerrymandering, making it unconstitutional according to the Constitution of the Commonwealth.
As part of this action, the Supreme Court gave the Republican-controlled legislature and Governor Tom Wolf until February 15, 2018 to reach a deal on a new, more equitable map. However, the deadline passed with no deal, therefore the Supreme Court redrew the map on February 19, 2018, which took effect for the May 15, 2018 primary election. This map changed the House delegation from a 13-5 Republican advantage to a competitive 9-9 split following the May primary. The 9-9 split was maintained after the 2020 election cycle.
Following the trend since the 1930 census, Pennsylvania has been losing congressional seats. The largest delegation to date was between 1913 and 1933 when the Commonwealth sent 36 officials to the House of Representatives. Currently, under the 2018 Supreme Court map, Pennsylvania has 18 members in the House. According to census data, Pennsylvania will lose yet another seat in the next redistricting process, setting the stage for a partisan fight over which two present districts will be merged. In terms of population distribution, the 2018 map allows for approximately 700,000 people per congressional representative. Under the new map, this is expected to increase to approximately 750,000 per representative.
In drawing the congressional maps there are some major considerations. First, the idea that districts should be compact, meaning that there should be minimum distance possible between all parts of a constituency. Usually, this means that districts will be in the shape of a circle, square or hexagon to maintain its compactness. Second, the idea of contiguity – that lines should not split municipalities, counties, school districts or other consolidating entities. Finally, preservation of prior districts in order to ensure some continuity in representation if desired by the voting population.
Pennsylvania’s Constitution requires a Legislative Reapportionment Commission to draw the map for the Assembly and Governor’s approval. The makeup of the commission is mandated as “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… The four members… shall select the fifth member, who shall serve as chairman of the commission… 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…”
Because of the composition of the Supreme Court, the Philadelphia Inquirer projects that Democrats will have a 3-2 advantage on the commission. The four members of this cycle’s commission are Sen. Kim Ward (R-38), Rep. Kerry Benninghoff (R-171), Sen. Jay Costa (D-43) and Rep. Joanna McClinton (D-191). The commission is currently reviewing applications for their civilian chairman. Previous commission chairs include former Superior Court Judge Stephen J. McEwen, Jr. (2011), former Supreme Court Justice Frank J. Montemuro, Jr., (2001), attorney Robert J. Cindrich (1991), Dean of the University of Pennsylvania Law School James O. Freedman, (1981) and University of Pennsylvania Law School Professor A. Leo Levin (1971).
For more information on redistricting in Pennsylvania, visit www.redistricting.state.pa.us, or, for other states, visit your department of state or state legislature’s website to learn more!
