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Redistricting Appeal 1

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    SAMUEL C. STRETTON RECEIVEDATTORNEY AT LAW301 SOUTH HIGH STREET JAN 1 ~

    P.O. BOX 3231 VWEST CHESTER, PA 19381-3231 REAPPORTIONMENT

    (610) 6964243FAX (610) 6962919January 9, 2012 TI~ BENJAMIN FRANKLIN HOUSE834 CHESTNUT STREET, SUITE 206

    PHILADELPHIA, PENNSflVI2TIA 19107(215) 6278653Charles OConner, Jr., Executive Director2011 Legislative Reappointment Commission104 North Office BuildingHarrisburg, PA 171203079

    Re: Mayor Carolyn Comitta, et al. v. 2011 LegislativeReappointment CommissionDear Mr. OConner:

    Please be advised I represent the Petitioners, MayorCarolyn Comitta, et al., in the captioned matter. Enclosedplease find a copy of the Notice to Participate andCertificate of Service, a copy of which has been sent tothe Supreme Court fo r fi l ing.Also enclosed is the Petition fo r Review fi led withthe Pennsylvania Supreme Court.

    ry truly yours,

    -Samuel C. trettonSCS: jacEnc.Cc: Honorable Linda Kelly, Attorney General ofPennsylvaniaVIA FEDERAL EXPRESS, OVER NIGHT DELIVERY

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    SAMUEL C. STRETTONATTORNEY AT LAW301 SOUTH HIGH STREETP.O. BOX 3231.

    WEST CHESTER, PA 193813231(610) 6964243FAX (610) 6962919January 9, 2012 THE EENJMCN PRANaIN HOUSE834 CHESTNUT STREET, SUITE 206

    PHILADELPHIA, PENNSXLVANIA 19107(215) 6278653

    Irene M. Bizzoso, EsquireProthonotarySupreme Court of PennsylvaniaPennsylvania Judicial Center601 Commonwealth Ave., Suite 4500Harrisburg, PA 17120

    Re: Mayor Carolyn Comitta, et al. v. 2011 LegislativeReappointment CommissionDear Ms. Bizzoso:

    Please be advised I represent the Petitioners, MayorCarolyn Comitta, et al., in the captioned matter. Enclosedplease find the original and nine (9) copies of thePetitione rs Petition fo r Review and Certificate ofService. Pursuant to your request, I am simultaneouslysending a copy of the Petition fo r Review by FederalExpress, over-night delivery to the Respondent. I havealso enclosed a check in the amount of $73.50 fo r thefiling fee.

    Finally, I have enclosed a copy of the Notice toParticipate which was also sent by Federal Express to theRespondent.

    I would ask fo r your assistance in filing this ofrecord, and if you would return a time stamped copy to me

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    Irene M. Bizzoso, EsquireJanuary 9, 2012Page Two

    in the selfaddressed, stamped envelope provided, it wouldbe most appreciated. Thank you.

    SCS : jacEnc.Cc: Charles OConner, Jr.Honorable Linda KellyMayor Carolyn ComittaCouncil President Holly BrownWilliam J. Scott, Jr.Herbert A. Schwabe, IIJane Heald CloseFloyd Robert BielskiDavid Laleike

    E. Brian AbbottNathaniel SmithW. Donald Braceland

    Very truly yours,

    Samuel C. Stretton

    VIA FEDERAL EXPRESS, OVER-NIGHT DELIVERY

    PAY

    SAMUEL C. STRET~ONATIORNEY AT LAW301 SOUTH HIGH STREETWEST CHESTER, PENNSYLVANIA 19382

    REMITTANCEI ADVICE 1 -~1 30057-50310DOLLARSLn&~

    (ITELLS FARGO

    ID 3005 7n :03 A000 5031:2 LOOD L 1DB L6 2~,i

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    BEFORE THE SUPREb~ COURT OF PENNSYLVANIAMIDDLE DISTRICT

    ~YOR CAROLYN COMITTA, : SUPRE~C COURT DOCKETCOUNCIL PRESIDENT HOLLY BROWN, : NO .WILLIAM J. SCOTT, JR., HERBERTA. SCHWABE, II, JANE HEALDCLOSE, FLOYD ROBERT BIELSKI,DAVID LALEIKE, E. BRIAN ABBOTT,NATHANIEL SMITH and W. DONALDBRACELA}ID,

    PETITIONERSV.2011 LEGISLATIVE REAPPOINT~NTCOMMISSION,

    RESPONDENTNOTICE TO PARTICIPATE

    TO THE 2011 LEGISLATIVE REAPPOINTMENT COMMISSION:If you in tend to participate in this proceeding in the

    Supreme Court, you must serve and file a Notice of Interventionunder Rule 1531 of the Pennsylvania Rules o f Appella te Procedurewithin thirty (30) days.

    Respectfully submitted,

    Samuel C. Stretton, EsquireAttorney fo r Pe titioners ,P.O. Box 3231301 South High StreetWest Chester, PA 19381(610) 6964243Attorney 1.13. No. 18491

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    BEFORE THE SUPRE~ COURT OF PENNSYLVANIAMIDDLE DISTRICT

    MAYOR CAROLYN COMITTA, : SUPRE)~ COURT DOCKETCOUNCIL PRESIDENT HOLLY BROWN, NO.WILLIAM J. SCOTT, .JR., HERBERTA. SCHWABE, II, JANE HEALDCLOSE, FLOYD ROBERT BIELSKI,DAVID LALEIKE, E. BRIAN ABBOTT,NATHANIEL SMITH and W. DONALDBRACELAND,

    PETITIONERSV.

    2011 LEGISLATIVE REAPPOINT~CNTCOMMISSION,

    RESPONDENTPROOF OF SERVICE

    I hereby certify I am this date serving a copy of theNotice to Participate in the captioned matter upon the followingpersons by Federal Express, overnight delivery, which servicesfulfills the requirements of Pa.R.A.P. 121:

    1. Charles OConner, Jr., Executive Director2011 Legislative Reappointment Commission104 North Off ice Build ingHarrisburg, PA 1712030792. Honorable Linda KellyAttorney General of Pennsylvania~ Floor, Strawberry Square

    Harrisburg, PA 17120Respectfully submitted,

    Date Samu C. Stretton, EsquireAttorney fo r Petitioners301 South High StreetP.O. Box 3231West Chester, PA 193813231(610) 6964243Attorney I.D. No . 18491

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    BEFORE THE SUPREME COURT OF PENNSYLVANIAMIDDLE DISTRICTMayor Carolyn Comitta No.155 S. Brandywine StreetWest Chester, PA 19382andCouncil President Holly Brown122 E. Bittle StreetWest Chester, PA 19380andWilliam J. Scott, Jr.405 N. FranWin StreetWest Chester, PA 19380andHerbert A. Schwabe, II133 W. Barnard StreetWest Chester, PA 19382andJane Heald Close300 W. Virginia AvenueWest Chester, PA 19380andFloyd Robert Bielski615 5. Bradford AvenueWest Chester, PA 19382andDavid LaLeike400 W. Nields StreetWest Chester, PA 19382andE. Brian Abbott416 Clinton AlleyWest Chester, PA 19382andNathaniel Smith513 W. Nields StreetWest Chester, PA 19382andW. Donald Braceland423 W. Nields StreetWest Chester, PA 19382,

    PETITIONERS

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    VS.2011 Legislative ReapportionmentCommission,

    RESPONDENT

    PETITION FOR REVIEWIn The Nature of An Appeal From The Final Plan of the 2011 LegislativeReapportionment Commission Splitting the Borough ofWest Chester

    In The New 156~ and 160(h Legislative DistrictsPursuant to Section 17(d) of Article 2 of the Pennsylvania Constitution and

    Pennsylvania Rule of Appellate Procedure 3321, the Petitioners, Mayor CarolynComitta, Council President Holly Brown, William J. Scott, Jr., Herbert A. Schwabe, Jane1-leald Close, Floyd Robert Bielski, David LaLeike, F. Brian Abbott, Nathaniel Smith andW. Donald Braceland (Petitioners), as individual voters in the Commonwealth ofPennsylvania in either the 156th or 160th Legislative Districts, file this Petition forReview, seeking this Courts review of the December 12 , 2011 final reapportionmentplan (Final Plan) approved by the 2011 Legislative Reapportionment Commission(Commission). In support of the Petition, the Petitioners state as follows:

    Statement of Jurisdiction1. The basis for the jurisdiction of this Court is Section 17(d) of Article 2 of the

    Pennsylvania Constitution and 42 Pa. C.S. 725(1), which provides that the SupremeCourt shall have exclusive jurisdiction of appeal from final Orders of certainconstitutional and judicial agencies, including the Legislative ReapportionmentCommission.

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    2. This appeal is addressed to the Courts appellate jurisdiction and is in thenature of a Petition for Review, pursuant to Rule of Appellate Procedure 3321.

    Identity of Parties Seeking Review3. Mayor Carolyn Comitta is a citizen and resident of the Commonwealth of

    Pennsylvania residing therein at 155 S. Brandywine Street, West Chester, PA 19382.Further, she is the elected Mayor of the Borough ofWest Chester and a registered voterin Chester County, Pennsylvania in the 160th Legislative District and brings this Petitionas an elected official and an individual registered Democratic voter who is aggrieved bythe Final Plan.

    4. Council President Holly Brown is a citizen and resident of the Commonwealthof Pennsylvania residing therein at 12 2 E. Bittle Street, West Chester, PA 19382.Further, she is the elected Council President of the Borough ofWest Chester and aregistered voter in Chester County, Pennsylvania in the 1 56th Legislative District andbrings this Petition as an elected official and an individual registered Democratic voterwho is aggrieved by the Final Plan.

    5. William J. Scott, Jr . is a citizen and resident of the Commonwealth ofPennsylvania residing therein at 405 N. Franklin Street, West Chester, PA 19380.Further, he is also a registered voter in Chester County, Pennsylvania in the 156thLegislative District and brings this Petition as an individual registered Democratic voterwho is aggrieved by the Final Plan.

    6. Herbert A. Schwabe, II is a citizen and resident of the Commonwealth ofPennsylvania residing therein at 13 3 W. Barnard Street, West Chester, PA 19382.Further, he is also a registered voter in Chester County, Pennsylvania in the I 56

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    Legislative District and brings this Petition as an individual registered Republican voterwho is aggrieved by the Final Plan.

    7. Jane Heald Close is a citizen and resident of the Commonwealth ofPennsylvania residing therein at 300 W. Virginia Avenue, West Chester, PA 19380.Further, she is also a registered voter in Chester County, Pennsylvania in the 156thLegislative District and brings this Petition as an individual registered Independent voterwho is aggrieved by the Final Plan.

    8. Floyd Robert Bielski is a citizen and resident of the Commonwealth ofPennsylvania residing therein at 61 5 S. Bradford Avenue, West Chester, PA 19382.Further, he is also a registered voter in Chester County, Pennsylvania in the 160thLegislative District and brings this Petition as an individual registered Republican voterwho is aggrieved by the Final Plan.

    9. David LaLeike is a citizen and resident of the Commonwealth of Pennsylvaniaresiding therein at 400 W. Nields Street, West Chester, PA 19382. Further, he is also aregistered voter in Chester County, Pennsylvania in the 160th Legislative District andbrings this Petition as an individual registered Independent voter who is aggrieved by theFinal Plan.

    10. E. Brian Abbott is a citizen and resident of the Commonwealth ofPennsylvania residing therein at 416 Clinton Alley, West Chester, PA 19382. Further,he is also a registered voter in Chester County, Pennsylvania in the 16O~ LegislativeDistrict and brings this Petition as an individual registered Independent voter who isaggrieved by the Final Plan.

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    11 . Nathaniel Smith is a citizen and resident of the Commonwealth ofPennsylvania residing therein at 513 W. Nields Street, West Chester, PA 19382.Further, he is also a registered voter in Chester County, Pennsylvania in the l6O~Legislative District and brings this Petition as an individual registered Independent voterwho is aggrieved by the Final Plan.

    12 . W. Donald Braceland is a citizen and resident of the Commonwealth ofPennsylvania residing therein at 423 W. Nields Street, West Chester, PA 19382.Further, he is also a registered voter in Chester County, Pennsylvania in the 160111Legislative District and brings this Petition as an individual registered Independent voterwho is aggrieved by the Final Plan.

    Identity of Respondent13 . The Respondent is the 2011 Legislative Reapportionment Commission.14. Pursuant to Section 17(b) of Article 2 of the Pennsylvania Constitution, the

    Commission is composed of Senator Dominic Pileggi, the majority leader of the Senate;Senator Costa, the minority leader of the Senate; Representative Michael Turzai, themajority leader of the House of Representatives; Representative Frank Dermody, theminority leader of the House of Representatives; and the Honorable Stephen McEwen,the fifth member selected by this Court after the other four Commission members wereunable to agree on a fifth member. Judge McEwen served as Chair of the Commission.

    Determination to be Reviewed15. The determination for which the Petitioners seek review is the Final Plan for

    the Pennsylvania House for new Districts 156 and 160 splitting the Borough ofWestChester. Attached and marked Exhibit A is the Final Plan for the Pennsylvania House

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    new Districts 156 and 160. Attached and marked Exhibit B is the map of the FinalPlan for the Pennsylvania House Districts as published in the Daily Local News ofChester County on January 5,2012. Attached and marked Exhibit C is the LegislativeDistrict Plan for Chester County as published in the Daily Local News on January 5,2012.

    Controlling Constitutional Provision16 . Section 16 of Article 2 of the Constitution states:

    The Commonwealth shall be divided into fifty senatorial and twohundred three representative districts, which shall be comprised of compact andcontiguous territory as nearly equal in population as practicable. Each senatorialdistrict shall elect one Senator, and each representative district oneRepresentative. Unless absolutely necessary no county, city, incorporatedtown, borough, township or ward shall be divided in forming either asenatorial or representative district. Article 2, Section 16 of the PennsylvaniaConstitution (emphasis supplied).

    Relevant Procedural Background17. Pursuant to Section 17(a) of Article 2 of the Pennsylvania Constitution, in

    2011, the year following the Federal decennial census, the 2011 LegislativeReapportionment Commission was constituted for the purpose of reapportioning theCommonwealth.

    18 . Pursuant to Article 17(c) of Article 2 of the Pennsylvania Constitution, theCommission approved a preliminary reapportionment plan on October 31, 2011, by a 3 to2 vote, with Commission members Costa and Dermody dissenting. (Preliminary Plan).

    19. The Preliminary Plan was not revealed to the Senate and House minorityleader members of the Commission until one-half hour in advance of the time scheduledfor voting on the Preliminary Plan and no meaningful opportunity for review of thePreliminary Plan was provided.

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    20. The Commission conducted public hearings on the Preliminary Plan onNovember 18 and November 23, 2011, and allowed for the submission of writtencomments and concerns.

    21. During the course of the hearings, witnesses from across the Commonwealthtestified as to the importance of not dividing political subdivisions unnecessarily.

    22. A number of people of West Chester Borough objected to the redistricting atthe hearing. Those persons included some of the Petitioners such as Mayor CarolynComitta, Nathaniel Smith, and William J. Scott, Jr. Also included among those personswere members of the West Chester University student body since West ChesterUniversity was also divided by the new Plan.

    23. The aforementioned Final Plan divided West Chester, the County seat ofChester County. Wards 1, 2,6 and 7 in the Borough ofWest Chester are now in the new1561h Legislative District. Wards 3,4 and 5 in the Southern part of the Borough ofWestChester are now in the newly created 160th Legislative District. Previously, the BoroughofWest Chester was in the old 156th Legislative District.

    General Statement of Objections to the Final Reapportionment Plan SplittingThe Borough ofWest Chester in the 156h Legislative District into the

    New 136 and new 160 Legislative Districts24. The Petitioners object to the determination that divides the Borough of West

    Chester, the County seat of Chester County, in halfplacing three Wards into the new160th Legislative District and four Wards into the new 156 Legislative District.

    25. Previously, all of the Borough ofWest Chester was in the 156 LegislativeDistrict.

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    26. This determination divides the County seat in half.27. The said division violates the Pennsylvania Constitution under Article 2,

    Section 16.28. This Constitutional section prohibits the division of townships and boroughs I

    forming a Representative District.The Commonwealth shall be divided into fifty senatorial and twohundred three representative districts, which shall be comprised of compact andcontiguous territory as nearly equal in population as practicable. Each senatorialdistrict shall elect one Senator, and each representative district oneRepresentative. Unless absolutely necessary no county, city, incorporated

    town, borough, township or ward shall be div ided in forming either asenatorial or representative district. Article 2, Section 16 of the PennsylvaniaConstitution (emphasis supplied).29. The said division of the Borough of West Chester in half violates this

    particular provision of the Constitution.30. The Petitioners have prepared an alternative plan, which maintains the

    Borough of West Chester in one Legislative District. Attached and marked Exhibit Dis the alternative Plan where the Borough ofWest Chester can be maintained intact andmeet all the requirements of the Redistricting.

    31. There is no absolute necessity for dividing the Borough of West Chester.32. Further, the Borough ofWest Chester, in 1987, was the subject of Court

    decisions and Findings that there had been 100 years of voting discrimination against theminority population. See In the Matter of Petition to Establish Wards in the Borough ofWest Chester, 36 Chester County Reporter 12(1988). This decision is attached andmarked Exhibit E.

    33. That decision found there had been intentional discrimination anddisenfranchisement of the minority population.

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    34. The current division in West Chester will divide the minority voting blockand minority voters.

    35. This objection being made now is that, because there has been a finding inthe past of racial discrimination, the Borough ofWest Chester should not be divided.

    36. Further, this would violate Section 5 of the Federal Voting Rights Ac t of1965. For a district with a history of racial discrimination, there has to be a preclearance.

    37. There is such a finding of past voting discrimination based on race in theBorough of West Chester, as referenced in the aforementioned In the Matter of Petition toEstablish Wards in the Borou h ofWest Chester Opinion.

    38. The Petitioners object based on case law in Pennsylvania, which precludesgerrymandering based on racial or ethnic bases.

    39. Because of the past history of discrimination and because the minoritypopulation is spli t with the current gerrymandering in the Borough of West Chester, thePetitioners contend that this will dilute the voting strength ofminorities in the newLegislative Districts. See In Re Reapportionment Plan for the General Assembly ofPennsylvania, 442 A.2d 661, 668 (Pa., 1981).

    40. The Petitioners contend that the aforementioned new reapportionment fencesout racial and/or ethnic groups with a purpose to minimize or cancel out the votingstrength of racial or political elements of the voting population in the new LegislativeDistricts.

    41. The Petitioners object that the redistricting of the Borough of West Chesterinto two Legislative Districts, the lS6~ and 160Lh does not meet the Constitutionalrequirements of Article 2, Section 16 of the Pennsylvania Constitution.

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    42. The Petitioners object in that the division of the Borough of West Chester,which is primarily a Democratic borough where all elected officials are from theDemocratic party, was an attempt by the Republican party to dilute the Democraticstrength in the 156th Legislative District and was done solely for the purpose of ensuringthat a Republican will win the two new divided Districts, the 156Lh and 160th

    43. The Petitioners contend that there was no good faith effort by theRespondent, 2011 Legislative Reapportionment Commission, in establishing equaldistricts when they divided the Borough of Wcst Chester in half.

    44. The Petitioners object in that the redistricting and cutting in half the Boroughof West Chester fails to note that the County seat and Borough is a community that needsto be within one Legislative District to protect its shared interests.

    45. Splitting the district into a lower half, the 160111, which goes into DelawareCounty and which has no connection with Chester County, ignores the communityinterest and Borough interest.

    Relief Requested by the PetitionersThe Petitioners, by their counsel, Samuel C. Stretton, Esquire, respectfully request

    that this Honorable Court, pursuant to Article 2, Section 17(d) of the PennsylvaniaConstitution, remand the Plan and direct the Commission to reapportion the LegislativeDistricts to allow the Borough of West Chester to remain intact since the current Planviolates Article 2, Section 16 of the Pennsylvania Constitution and also dilutes anddivides minority votes. The request, therefore, is to include in the 156uhi Legislative

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    District all Wards 1 through 7 of the Borough of West Chester, as reflected in thealternative proposal, which is attached and marked Exhibit D.

    Respectfiully u mi ed,

    Samuel C. Stretton, Es~thaAttorney for PetitionersAttorney ID 18491301 S. High StreetP.O. Box 3231West Chester, PA 19381-323 1610-696-4243

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    BEFORE THE SUPREME COURT OF PENNSYLVANIAMIDDLE DISTRICT

    MAYOR CAROLYN COMITTA, : SUPREME COURT DOCKETCOUNCIL PRESIDENT HOLLY BROWN, : NO.WILLIAM J. SCOTT, JR., HERBERTA. SCUWABE, II, JANE HEAJJDCLOSE, FLOYD ROBERT BIELSKI,DAVID LALEIKE, E. BRIAN ABBOTT,NATHANIEL SMITH and W. DONALDBRACELAND,

    PETITIONERSV.2011 LEGISLATIVE REAPPOINTMENTCOMMISSION,RESPONDENT

    PROOF OF SERVICEI hereby certify I am this date serving a copy of the

    aforegoing Petition fo r Review in the captioned matter upon thefollowing persons by Federal Express, overnight delivery, whichservices fulfills the requirements of Pa.R.A.P. 121:

    1. Charles OConner, Jr., Executive Director2011 Legislative Reappointment Commission104 North Office BuildingHarrisburg, PA 1712030792. Honorable Linda KellyAttorney General of Pennsylvania~ Floor, Strawberry Square

    Harrisburg, PA 17120Respectfull submi3tted,

    Date Samuel C. Str~tton, EsquireAttorney fo r Petitioners301 South High StreetP.O. Box 3231West Chester, PA 193813231(610) 6964243Attorney I.D. No . 18491

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    HOUSE OF REPRESENTATIVES DISTRICTS

    Dist. 155 CHESTER County.Part of CHESTER County consisting of the TOWNSHIPS ofEast Brandywine, East Pikeland, Upper Uwchlan,Uwchlan, West Brandywine and West Vincent and theBOROUGHS of Phoenixvil le (PART, Wards Middle [PART,Division 01], North [PART, Division 03] and West[PART, Division 01]) and Spring City.Tota l population: 62,940

    Dist. 156 CHESTER County.Part of CHESTER County consisting of the TOWNSHIPS ofEast Bradford (PART, District North), East Goshen,West Goshen and Westtown (PART, Precincts 01, 02, 03and 05) and the BOROUGH of West Chester (PART, Wards01, 02, 06 and 07)

    ~&I~opuatioi 62, 874

    Dist. 157 CHESTER and MONTGOMERY Counties.Part of CHESTER County consisting of the TOWNSHIPS ofSchuylki l l and Tredyffrin and the BOROUGH ofPhoenixvi l le (PART, Wards East, Middle [PART,Divisions 02 and 03], North [PART, Divisions 01 and02) and West [PART, Divisions 02 and 03]) and Part ofMONTGOMERY County consist ing of the TOWNSHIPS of LowerProvidence (PART, District 03 [PART, Divisions 01 and02)) and Upper Providence (PART, Distr icts Mont dareand Oaks).Tota l population: 62,145

    Dist. 158 CHESTER County.Part of CHESTER County consisting of the TOWNSHIPS ofEast Marlborough, High land, Kennet t, London Britain,New Garden, Newlin, Pennsbury, Pocopson, West Bradfordand West Marlborough and the BOROUGHS of Avondale andKennett Square.Tota l population: 60,831

    / IIA

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    HOUSE OF REPRESENTATIVES DISTRICTS

    Dist. 159 DELAWARE County.Part of DELAWARE County cons is ting o f the CITY ofChester and the TOWNSHIPS of Chester, LowerChichester, Nether Providence (PART, Ward 01), Ridley(PART, Wards 01 [PART, Division 01], 02 [PART,Division 02] and 07 [PART, Division 02]) and UpperChichester (PART, Ward 02 [PART, Division 02]) andthe BOROUGHS of Eddystone, Marcus Hook, Swarthmore(PART, Precincts Eastern and Western) , Trainer andUpland.Tota l population: 60,874

    C~ ~ CHESTER and DELAWARE Counties.Part of CHESTER County consisting of the TOWNSHIPS ofBirmingham and East Bradford (PART, District South)and the BOROUGH of West Chester (PART, Wardsand 05) and Part of DELAWARE County cons is ting o f theTOWNSHIPS of Bethel, Chadds Ford, Concord and UpperChichester (PART, Wards 01, 02 [PART, Division 01],03, 04 and 05)Tota l population: 63,438

    Dist. 161 DELAWARE County.Part of DELAWARE County consisting of the TOWNSHIPSof Aston (PART, Wards 01, 04, 06 and 07), Marple(PART, Wards 02 [PART, Division 02] and 05), NetherProvidence (PART, Wards 02, 03, 04, 05, 06 and 07),Ridley (PART, Wards 01 [PART, Division 03], 02 [PART,Divisions 01 and 03], 03, 05, 07 [PART, Division 01]and 08), Springfield (PART, Ward 03 [PART, Divisions02 and 02]) and Upper Providence (PART, Precincts 02,03 and 05) and the BOROUGHS of Brookhaven, Parkside,Rose Valley, Rutledge and Swarthmore (PART, PrecinctNorthern).Tota l population: 63,144

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    ~1~ES E-~ g73~OUSE OF REPRESENTATIVES D

    District 13 CHESTER and LAN CASTER Counties. Part of CHESTERSHIPS of East Nottingham. Elk, Fianfriin, London Grove. LondondPenn. Upper Oxford. West FaIk,wfiel& and West Nottingham andand West Grove and Part of I.ANCASTER County consisting of thBOROUGH of Chdstiana. Total population: 62.174District 26 CHESTER and MONTGOMERY Counties. Part of CHESTOWNSHIPS of East Coventry, East Nantineal. EastVinc&it. HoCoventry, Wallace. Warwick West CaIn, WestNantme6l and Wof Elverson and Honey Brook and Part of MONTGOMERY CountyPottstown (PART. Districts 01.02 (PARE Division 01) and I]? IPA62,855District 45 CHESTER County. Part of CHESTER County consistingTOWNSHIPS of Cat East CaIn, East Fallowfield, Sadsbury and Vingrown, Modena, Parkesburg and South Coatestille. Total popuDistrict 155 CHESTER County. Part of CHESTER CountyconsistinBrandywine, East Rkeland, Upper Uwchlan, ~chlan, West BraBOROUGHS of Phoenixville (PAST, Wards Middle (PART DivisionWest (PART Division 01)) and Spring City. Total popviation: 62,9District 156 CHESTER County. Part of CHESTER County consistinford (PART. District North). East Geshen, West Goshen and Wesand 05) and the BOROUGH of West Chester (PART, Wards 01.062,874District 158 CHESTER County. Part of CHESTER County consistinborough. Highland, Kennett, London Britain, New Garden. NewliBradford and West Marlborough and the BOROUGHS of Avondalation: 60,831Oistnct 160 CHESTER and DELAWARE Counties. Part of CHESTESHIPS of Birmingham and East Bradford (PART District South) aPART Wards 03, 04 and 05) and Part of DELAWARE County coSethel, Chadds Ford, Concord and Upper Chichester (PART, War04 and 05) . Total population: 63.438District 167 CHESTER County. Part of CHESTER County consistinCharlestown, EastWiiteland, Easttown, West Pikeland, West ~BOROUGH of Malvern. Total population: 62,591District 168 CHESTER and DELAWARE Counties. Part of CHESTESHIPS of Thombury and Westtown (PART Precinct D4) and Partthe TOWNSHIPS of Aston (PART Wards 02, 03 and 05). EdgmoPrecincts 01. 02, 04.05, 06 and 08). Thornbury and Upper Provand the BOROUGHS of Chester Heights and Media Total popula

    SENATORIAL DISTRICTSDistrict 09 CHESTER and DELAWARE Counties. Part of CHESTER County consisting of theTOWNSHIPS of Birmingham, East Goshen, East Marlborough, Kenneti, London Britain,New Garden, Newlin, Pannsbury. Pricopson, Thornbury and Westtown andthe BOROUGHof Kennett Square and Part of DELAWARE County consist ing of the Clii of Chesterandthe ItWNSHIPS of Aston. Bethel, Chadds Ford, Chester. Concord, Edgmont. LowerChichester, Middletown, Nether Providence, Thornbury and Upper Chicfiester and theBOROUGHS of Brookhaven, Chester Heights. Eddystone, Marcus Hook, Parkside, Rose 44

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    CONSTITUTIONALLY COMPLIANTPROPOSAL FOR REDISTRICTING

    Dist. 156 CHESTER CountyPart of CHESTER County consisting of the TOWNSHIPS of East Bradford (PART DistrictSouth, Precinct 01), East Goshen, West Goshen, and the BOROUGH ofWest Chester.Total Population: 62,282

    Dist. 158 CHESTER CountyPart of CHESTER COUNTY consisting of the TOWNSHIPS of East Bradford (Part, DistrictNorth, District South Precinct 02), Highhind, East Marlborough, Kennett, London Britain, NewGarden, Newlin, Pennsbury, West Bradford, an d West Marlborough and the BOROUGHS ofAvondale and Kennett Square.Total Population: 62,262

    Dist. 160 CHESTER and DELAWARE CountiesPart of CHESTER County consisting of the TOWNSHIPS of Birmingham, Thornbury, an dPocopson and Part of DELAWARE County consisting of the Townships of Bethel, Chadds Ford,Concord, Thornbury (PART, District 01, 02, 04, 05), an d Upper Chichester.Total Population: 63,236

    Dist. 168 CHESTER and DELAWARE CountiesPart of CHESTER County consisting of the Townships of Westtown and Part of DELAWARECounty consisting of the townships of Aston (PART Wards 02, 03, 05), Edgmont, Middletown,Newtown (PART Precinct 0 I, 02, 04, 05, 06, 08), Thornbury (PART District 3), and UpperProvidence (PART, Precincts 01 , 04), and the BOROUGHS of Chester Heights and Media.Total Population: 61,571

    1

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    12 CRESTER COUNTY REPORTSIn The Matter Of The Petit ion To EstablishWards In The Borough Of Wst Chester ( 36 Che s. C o. R ep .

    In the Matter of the Petition to EstablishW ards in the Borough of West Chester(Opinion #1)Constitutional law Borough Code, 53 PS. 45601, et seq.JurisdicuonRiglit tovote Equal protection Vote dilution.1. Under the Borough Code, 53 P.S. 45601, the Court of Quarter Sessions has theauthority and power to alter, amend or otherwise change voting districts.2. The nght to vote in local, s tate and federal elections, a nd to have those votes counted,is a constitutionally protected right.3. The right to vote may be enforced under the Equal Protection clause of the FederalConstitution in that each citizens vote must have the same significance and impact as that ofevery other citizen.4. The Equal Protection clause is violated, and the right to vote is unconstitutionallyimpaired when the weight of the vow of one citizen is in a substantial fashion diluted ascompared to the weight given the vote of another citizen living in another part of the s tate ormunicipality.5. Voting systems which operate to minimize or cancel out the voting strength of racialminorities are not unconstitutional per se.6. The test for unconsitutionality is whether the political processes are not o pe n toparticipation to the minority group in a meaningful way7. To show impermissible vote dilution, the Petitioner must prove both intent and resultsby a preponderance of the evidence.8. On petition to change the current system of electing members to WestCheste r BoroughCouncil, which is an at-large system, t o o ne of ward representation, the Court He14 the Courthas jurisdiction over the subject matter and the par ties pursuant to the Borough Code. TheCourt further He14 (1) the current sys tem was implemented (in 1892) with the intention ofdepriving the black citizens of West Chester of their right to vote by minimizing the impactand strength of each vote relative to the vote of the white citizens; (2) the current system hasresulted in the discriminatory effects of preventing the election of Borough Council memberswho are respons ive to the needs of the Black electorate; and (3) that West Cheste rs currentsystem is violative of the Equal Protection clause of the Federal Constitution, is invalid, andmu st b e replaced by a Ward Representation system.

    I.lXfl.C.? Chester County, No . 85-07949, Civil Action Law; In the Matter of the Petition toEstablish Wards in the Borough of West Cheste r.

    &ztnuel C Stretron, for petitioners.

    CHESTER CI n The Matter Of12 (1988)) Wards In The B

    Stively, S. 1, September 9, 19DE

    The instant matter, which was53 P.S. 45601, et seq.. by the filingvoters in the Borough of West Cheinto wards for purposes of vot ingpresentation of extensive evidence b1115 pages of testimony, 55 exhibitsconclusions of law.FINDIN

    1. The Borough of West Chgovernment for the County of Chest he l as t decennial (1980) census. (N

    2. Twenty percent (20%) of theis black. (N.T. 12/19/86, 60, 63; E

    3. The local government of Wea seven-member Borough Council, w1/29/87, 337-339; 4/14/87, 10;Borough Council were elected in thewill be elected in the municipal elec4. There are twelve voting preWest Chester with polling places desand local elections. (Exhibit P-2).5. The majority of the black popresently the Third, Fourth and 9-1predominantly white population; thwith a predominantly black or non-w36, 53-54; 1/29/87, 330-336; 3/166. Since 1892, voting in counciwhereby all residents of the Borougcandidates and those candidates wBorough Council. (Exhibit P.8).7. In 1875, the Borough ofelectoral system to a defacro four wa

    of f ive black residents were electedCouncil. (NJ. 1/29/87, 387400; 3

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