HB 706 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in election districts and polling places, providing for residence of incarcerated individuals and individuals attending a college or university living in congregate student housing.

PRIOR PRINTER'S NO.

676 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2177 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

NELSON, KINSEY, HILL-EVANS, SANCHEZ, BURGOS, SCHLOSSBERG, SAPPEY, WHEATLEY, ISAACSON, GALLOWAY, CIRESI, DELLOSO, T.

DAVIS,,DAVIS, PARKER, FREEMAN, WEBSTER, SIMS, WARREN, BROOKS, SCHWEYER, RABB, ZABEL, KINKEADKINKEAD, AND INNAMORATO, MARCHPISCIOTTANO, 1,D. 2021 REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 1, 2021 AN ACT Amending the act of June 3, 1937 (P.L.1333, No.320), entitled "An act concerning elections, including general, municipal, special and primary elections, the nomination of candidates, primary and election expenses and election contests;

WILLIAMS, MADDEN, A.

DAVIS, OTTEN AND A.

BROWN, MARCH 1, 2021 AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 2021 AN ACT Amending the act of June 3, 1937 (P.L.1333, No.320), entitled "An act concerning elections, including general, municipal, special and primary elections, the nomination of candidates, primary and election expenses and election contests;

imposing duties upon the Secretary of the Commonwealth, imposingcourts, penaltiescounty forboards violation of theelections, act,county andcommissioners; codifying, revising and consolidating the laws relating thereto;

andimposing repealingpenalties certainfor actsviolation and parts of actsthe relatingact, toand elections,"codifying, inrevising election districts and pollingconsolidating places,the providinglaws forrelating residencethereto; of incarcerated individuals.

and repealing certain acts and parts of acts relating to providing for residence of incarcerated individuals AND <-- INDIVIDUALS ATTENDING A COLLEGE OR UNIVERSITY LIVING IN CONGREGATE STUDENT HOUSING.

Residence of Incarcerated Individuals.--(a) <-- The population count used after each Federal decennial census for the purpose of creating the congressional districting plan used to elect this Commonwealth's representatives in Congress:

and 20210HB0706PN2177 - 2 - (ii) were not residents of this Commonwealth before their incarceration or placement in a facility.

20210HB0706PN0676 - 2 - (2) Shall count individuals incarcerated or held in a facility, as determined by the Federal decennial census, at their last known residence before incarceration or placement in a facility if the individuals were residents of this Commonwealth.

20210HB0706PN2177 - 3 - (f) The Secretary of the Department of Corrections shall request from the Federal Bureau of Prisons the information 20210HB0706PN0676 - 3 - listed under subsection (e) for every individual held in a facility under the jurisdiction of the Federal Bureau of Prisons and located in this Commonwealth.

SECTION 507.

RESIDENCE OF INCARCERATED INDIVIDUALS AND <-- INDIVIDUALS ATTENDING A COLLEGE OR UNIVERSITY LIVING IN CONGREGATE STUDENT HOUSING.--(A) THE POPULATION COUNT USED AFTER THE 2030 FEDERAL DECENNIAL CENSUS AND EACH FEDERAL DECENNIAL CENSUS THEREAFTER FOR THE PURPOSE OF CREATING THE 20210HB0706PN2177 - 4 - CONGRESSIONAL DISTRICTING PLAN USED TO ELECT THIS COMMONWEALTH'S REPRESENTATIVES IN CONGRESS:

(1) MAY NOT INCLUDE INDIVIDUALS WHO:

(I) WERE INCARCERATED OR HELD IN A FACILITY, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS, AND WERE NOT RESIDENTS OF THIS COMMONWEALTH BEFORE THEIR INCARCERATION OR PLACEMENT IN A FACILITY;

OR (II) ARE ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS AND ARE NOT RESIDENTS OF THIS COMMONWEALTH.

(2) SHALL COUNT INDIVIDUALS INCARCERATED OR HELD IN A FACILITY OR ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS, AT THEIR LAST KNOWN RESIDENCE BEFORE INCARCERATION OR PLACEMENT IN A FACILITY OR RESIDENCE IN CONGREGATE STUDENT HOUSING IF THE INDIVIDUALS WERE RESIDENTS OF THIS COMMONWEALTH.

(B) THE POPULATION COUNT USED AFTER EACH FEDERAL DECENNIAL CENSUS BY THE LEGISLATIVE REAPPORTIONMENT COMMISSION FOR THE PURPOSE OF CREATING THE LEGISLATIVE DISTRICTING PLAN FOR THE GENERAL ASSEMBLY:

(1) MAY NOT INCLUDE INDIVIDUALS WHO:

(I) WERE INCARCERATED OR HELD IN A FACILITY, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS, AND WERE NOT RESIDENTS OF THIS COMMONWEALTH BEFORE THEIR INCARCERATION OR PLACEMENT IN A FACILITY;

OR (II) ARE ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS AND ARE NOT RESIDENTS OF THIS COMMONWEALTH.

(2) SHALL COUNT INDIVIDUALS INCARCERATED OR HELD IN A 20210HB0706PN2177 - 5 - FACILITY OR ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS, AT THEIR LAST KNOWN RESIDENCE BEFORE INCARCERATION OR PLACEMENT IN A FACILITY OR RESIDENCE IN CONGREGATE STUDENT HOUSING IF THE INDIVIDUALS WERE RESIDENTS OF THIS COMMONWEALTH.

(C) THE POPULATION COUNT USED AFTER EACH FEDERAL DECENNIAL CENSUS FOR THE PURPOSE OF CREATING THE LEGISLATIVE DISTRICTS THAT ARE USED TO ELECT THE GOVERNING BODY OF A MUNICIPALITY:

(1) MAY NOT INCLUDE INDIVIDUALS WHO:

(I) WERE INCARCERATED OR HELD IN A FACILITY, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS, AND WERE NOT RESIDENTS OF THIS COMMONWEALTH BEFORE THEIR INCARCERATION OR PLACEMENT IN A FACILITY;

OR (II) ARE ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS AND ARE NOT RESIDENTS OF THIS COMMONWEALTH.

(2) SHALL COUNT INDIVIDUALS INCARCERATED OR HELD IN A FACILITY OR ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS, AT THEIR LAST KNOWN RESIDENCE BEFORE INCARCERATION OR PLACEMENT IN A FACILITY OR RESIDENCE IN CONGREGATE STUDENT HOUSING IF THE INDIVIDUALS WERE RESIDENTS OF THIS COMMONWEALTH.

(D) IN EACH YEAR IMMEDIATELY FOLLOWING THE YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN AND IN WHICH THE UNITED STATES CENSUS BUREAU CONTINUES TO COUNT AN INDIVIDUAL AS A RESIDENT OF THE FACILITY IN WHICH THEY ARE INCARCERATED OR HELD OR THE COLLEGE OR UNIVERSITY WHERE THE INDIVIDUAL IS LIVING IN CONGREGATE STUDENT HOUSING, THE DEPARTMENT OF CORRECTIONS, THE 20210HB0706PN2177 - 6 - DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HUMAN SERVICES, THE STATE SYSTEM OF HIGHER EDUCATION AND STATE-RELATED INSTITUTIONS IN THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION SHALL FURNISH TO THE LEGISLATIVE REAPPORTIONMENT COMMISSION, THE LEGISLATIVE DATA PROCESSING CENTER AND OTHER BODIES USED TO REAPPORTION DISTRICTS FOR POLITICAL SUBDIVISION ELECTIONS THE INFORMATION NECESSARY TO IMPLEMENT THIS SECTION NO LATER THAN FIFTEEN DAYS AFTER THE UNITED STATES CENSUS BUREAU RELEASES THE PL-94-171 POPULATION DATA FOR PENNSYLVANIA.

(E) THE INFORMATION REQUIRED UNDER SUBSECTION (D) SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:

(1) A UNIQUE IDENTIFIER, NOT INCLUDING THE NAME OF EVERY INDIVIDUAL INCARCERATED OR HELD IN A FACILITY OR STUDENT ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE STUDENT HOUSING AT THE TIME OF THE FEDERAL DECENNIAL CENSUS.

(2) THE LAST KNOWN ADDRESS OF AN INDIVIDUAL DESCRIBED UNDER PARAGRAPH (1) BEFORE INCARCERATION OR PLACEMENT IN A FACILITY OR RESIDENCE IN CONGREGATE STUDENT HOUSING.

(3) THE CENSUS BLOCK OF THE FACILITY IN WHICH AN INDIVIDUAL UNDER PARAGRAPH (1) WAS INCARCERATED OR HELD OR IN WHICH THE CONGREGATE STUDENT HOUSING WAS LOCATED.

(4) THE RACE, ETHNICITY AND AGE OF EVERY INDIVIDUAL INCARCERATED OR HELD IN A FACILITY OR LIVING IN CONGREGATE STUDENT HOUSING DESCRIBED UNDER PARAGRAPH (1), IF KNOWN.

(F) THE SECRETARY OF CORRECTIONS SHALL REQUEST FROM THE FEDERAL BUREAU OF PRISONS THE INFORMATION LISTED UNDER SUBSECTION (E) FOR EVERY INDIVIDUAL HELD IN A FACILITY UNDER THE JURISDICTION OF THE FEDERAL BUREAU OF PRISONS AND LOCATED IN THIS COMMONWEALTH.

(G) ENTITIES RESPONSIBLE FOR DRAFTING REDISTRICTING PLANS IN 20210HB0706PN2177 - 7 - THIS COMMONWEALTH SHALL USE THE DATA PROVIDED UNDER SUBSECTIONS (E) AND (F) TO ADJUST THE PL-94-171 POPULATION DATA FOR PENNSYLVANIA TO ENSURE INDIVIDUALS INCARCERATED OR HELD IN A FACILITY OR ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE STUDENT HOUSING ARE COUNTED AT THEIR LAST KNOWN RESIDENCE WITH REGARDS TO REDISTRICTING IF THEY WERE RESIDENTS OF THIS COMMONWEALTH.

(H) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: