Carter, C., Pets. v. Chapman, L. ( 2022 )

[J-20-2022]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
CAROL ANN CARTER, MONICA : No. 7 MM 2022
PARRILLA, REBECCA POYOUROW, :
WILLIAM TUNG, ROSEANNE MILAZZO, : ARGUED: February 18, 2022
BURT SIEGEL, SUSAN CASSANELLI, LEE :
CASSANELLI, LYNN WACHMAN, :
MICHAEL GUTTMAN, MAYA FONKEU, :
BRADY HILL, MARY ELLEN BALCHUNIS, :
TOM DEWALL, STEPHANIE MCNULTY :
AND JANET TEMIN, :
:
Petitioners :
:
:
v. :
:
:
LEIGH M. CHAPMAN, IN HER OFFICIAL :
CAPACITY AS THE ACTING SECRETARY :
OF THE COMMONWEALTH OF :
PENNSYLVANIA; JESSICA MATHIS, IN :
HER OFFICIAL CAPACITY AS DIRECTOR :
FOR THE PENNSYLVANIA BUREAU OF :
ELECTION SERVICES AND NOTARIES, :
:
Respondents :
:
----------------------------------------------------------- :
PHILIP T. GRESSMAN; RON Y. DONAGI; :
KRISTOPHER R. TAPP; PAMELA GORKIN; :
DAVID P. MARSH; JAMES L. :
ROSENBERGER; AMY MYERS; EUGENE :
BOMAN; GARY GORDON; LIZ MCMAHON; :
TIMOTHY G. FEEMAN; AND GARTH :
ISAAK, :
:
Petitioners :
:
:
v. :
:
:
LEIGH M. CHAPMAN, IN HER OFFICIAL :
CAPACITY AS THE ACTING SECRETARY :
OF THE COMMONWEALTH OF :
PENNSYLVANIA; JESSICA MATHIS, IN :
HER OFFICIAL CAPACITY AS DIRECTOR :
FOR THE PENNSYLVANIA BUREAU OF :
ELECTION SERVICES AND NOTARIES, :
:
Respondents :
ORDER
PER CURIAM
AND NOW, this 23rd day of February, 2022, this Court, following full deliberation
and consideration, hereby orders as follows:
First, the Pennsylvania primary and general elections for seats in the United States
House of Representatives commencing in the year 2022 shall be conducted in
accordance with the “Carter Plan” submitted in the record before the Special Master and
as described by 2020 Census block equivalency (denominated the “Carter Plan – Block
Assignments”) and ESRI shape files (denominated “Carter Plan – Shape Files”) uploaded
to this Court’s website at https://www.pacourts.us/2022-redistricting-opinions.1 The
Carter Plan, in its constituent parts, is hereby made part of this Order, and is hereby
ADOPTED as the division of this Commonwealth into seventeen congressional districts,
unless and until the same shall be lawfully changed. For reference, images of the Carter
Plan, submitted to the Court, are attached at Appendix A, and are available at the above
website.
Second, Executive Respondents together with the General Assembly’s Legislative
Data Processing Center (LDPC),2 shall prepare textual language that describes the
Carter Plan and submit the same to the Secretary of the Commonwealth without delay.
The Secretary of the Commonwealth shall thereafter file with this Court’s Prothonotary a
1 As noted, we adopt the “Carter Plan” submitted in the record before the Special
Master as opposed to the additional plan submitted by Petitioner Carter in Exhibit A to the
brief in support of exceptions to the Special Master’s Report.
2 The LDPC was established by the Act of Dec. 10, 1968, P.L. 1158, No. 365, and
routinely provides technical services relating to congressional and legislative redistricting.
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certification of compliance of the preparation of the textual description of the Carter Plan,
along with a copy of the textual description.
Third, Respondent Secretary of the Commonwealth shall, without delay, following
the preparation of the textual description of the Carter Plan, publish notice of the
Congressional Districts in the Pennsylvania Bulletin.
Fourth, this Court’s February 9, 2022 order, that temporarily suspended the
General Primary Election calendar, is VACATED. To provide for an orderly election
process, the schedule for the primary election to be held May 17, 2022, for the election
of Representatives to the United States Congress and statewide elections is MODIFIED
only in the following respects:
First day to circulate and file nomination petitions February 25, 2022
Last day to circulate and file nomination petitions March 15, 2022
First day to circulate and file nomination papers March 16, 2022
Deadline to file objections to nomination petitions March 22, 2022
Last day that may be fixed by the Commonwealth
March 25, 2022
Court for hearing on objections that have been filed
to nomination petitions
Last day for the Commonwealth Court to render
March 29, 2022
decisions in cases involving objections to
nomination petitions
Last day for the County Boards of Elections to send
April 2, 2022
remote military-overseas absentee ballots. See 25
Pa.C.S. §3508; 52 U.S.C. §20302(a)(8)(A)
In all other respects, the dates under the 2022 General Election Primary calendar for
Congressional and statewide offices are not modified by this Order. Along these lines, it
is NOTED that, with respect to Congressional and statewide offices, the appeal period
set forth in Rule of Appellate Procedure 903(c)(1)(ii) (relating to appeals arising under the
Election Code) remains in effect. This schedule shall be implemented by the Secretary
of the Commonwealth and all election officers within the Commonwealth in accordance
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with this Court’s Order. By separate Order, this Court has temporarily suspended the
General Primary Election calendar relative to seats in the Pennsylvania General
Assembly. See In re Petitions for Review Challenging the Final 2021 Legislative
Reapportionment Plan, 569 Judicial Administration docket (order dated February 23,
2022).
Fifth, should there be any congressional vacancies existing now or occurring after
the entry of this Order, but prior to the commencement of the terms of the members to be
elected in the General Election of 2022, the districts prescribed in the Remedial Plan
adopted by this Court by Order dated February 19, 2018, shall control.
Sixth, the Secretary of the Commonwealth is directed to notify this Court by 4:00
p.m. on February 25, 2022, should it foresee any technical issues concerning the
implementation of the Carter Plan.
So Ordered.
Jurisdiction retained.
Opinions to follow.
Justices Todd, Mundy, and Brobson dissent as to the selection of the Carter Plan
as the congressional redistricting plan.
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Susquehanna
Wayne
Bradford
Tioga
Wyoming Lackawanna
Erie
McKean
Potter 8 Pike
Warren Sullivan
Cameron
Lycoming 9 Luzerne Monroe
Crawford
Forest Elk
15 Clinton Columbia
16
Carbon Northampton
Venango Montour
Union 7
Mercer Clarion Northumberland Lehigh
Jefferson Schuylkill
Clearfield Centre
Snyder
Bucks
Lawrence Mifflin Juniata
Berks
4 1
Butler Montgomery
Armstrong Dauphin Lebanon
Indiana
Perry
6 3 2
Beaver Cambria
Blair
10 Lancaster
Chester
5 Philadelphia
17
Huntingdon
Allegheny
Cumberland
11 Delaware
12 Westmoreland 13 York
Adams
Franklin
Bedford
Washington Fulton
14 Somerset Proposed Plan 14
15
5
6
Fayette Districts: 16 7
1
17 8
Greene 102 9
11
3
12 County boundaries
4
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