Redistricting Appeal 2

8/3/2019 Redistricting Appeal 2

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RE01t40SAMUEL C. STRETTON JAN iq~iiATTORNEY AT LAW

301 SOUTH HIGH STREET REAPPORTIONMENTP.O. BOX 3231WEST CHESTER, PA 193813231

(610) 6964243FAX (610) 6962919January 9, 2012 THE BENJAMIN FRMUCIN HOUSE834 CHESTNUT STREET, SUITE 206

PHILADELPHIA, PENNSflVMIA 19107(215) 6278653

Charles OConner, Jr., Executive Director2011 Legislative Reappointment Commission104 North Off ice Build ingHarrisburg, PA 171203079Re: Mayor Leo Scoda and Council Person Jennifer Mayov. 2011 Legislative Reappointment Commission

Dear Mr. OConner:Please be advised I represent the Petitioners, MayorLeo Scoda and Council Person Jennifer Mayo, in thecaptioned matter. Enclosed please find a copy of theNotice to Participate and Certificate of Service, a copy ofwhich has been sent to the Supreme Court fo r fi l ing.Also enclosed is the Petition fo r Review filed withthe Pennsylvania Supreme Court.

Very truly yours,

Samuel C. StrettonSCS:jacEnc.Cc: Honorable Linda Kelly, Attorney General ofPennsylvania


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BEFORE THE SUPRE)~ COURT OF PENNSYLVANIAMIDDLE DISTRICT

MAYOR LEO SCODA and COUNCIL : SUPRE)~ COURT DOCKETPERSON 3ENNIFER MAYO, : NO.

PETITIONERSV.

2011 LEGISLATIVE REAPPOINT~NTCOMMISSION,

RESPONDENTNOTICE TO PARTICIPATE

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

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

Respectfully submitted,

ittSamuel C. Stretton, EsquireAttorney for Petitioners,P.O. Box 3231301 South High StreetWest Chester, PA 19381(610) 6964243Attorney I.D. No . 18491


3/19

BEFORE THE SUPREME COURT OF PENNSYLVANIAMIDDLE DISTRICT

MAYOR LEO SCODA and COUNCIL : SUPREME COURT DOCKETPERSON JENNIFER MAYO, : NO.

PETITIONERSV.

2011 LEGISLATIVE REAPPOINTMENTCOMMISSION,

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 Office Build ingHarrisburg, PA 171203079

2. Honorable Linda KellyAttorney General of Pennsylvania16th Floor, Strawberry SquareHarrisburg, PA 17120

Respect ully submitted,

Date Samuel C. Stretton, EsquireAttorney fo r Petitioners301


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SAMUEL C. STRETTONATTORNEY AT LAW

301 SOUTH HIGH STREETP.O. BOX 3231WEST O4ESTER, PA 193813231.(610) 6964243FAX (610) 6962919January 9, 2012 T~ BEN3.)CN FRANKLIN HOUSE834 CHESTNUT STREET, SUITE 206

PHILADELPHIA, PENNSYLVANIA 19107(215) 6278653

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

Re : Mayor Leo Scoda and Council Person Jennifer Mayov. 2011 Legislative Reappointment CommissionDear Ms. Bizzoso:

Please be advised I represent the Petitioners, MayorLeo Scoda and Council Person Jennifer Mayo, in thecaptioned matter. Enclosed please find the original andnine (9) copies of the Petitioners Petition fo r Review andCertificate of Service. Pursuant to your request, I amsimultaneously sending a copy of the Petition fo r Review byFederal Express, overnight delivery to the Respondent.have also 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 self-addressed, stamped envelope provided, it wouldbe most appreciated. Thank you.Very truly yours,

SCS:jacEnc.

Samuel C. Stretton

Cc: Charles 0 Conner, Jr.Honorable Linda KellyVIA FEDERAL EXPRESS, OVER-NIGHT DELIVERY

SAMUEL C. STRETEONATtORNEY AT LAW301 SOUTh HIGH STREET

WEST CHESTER, PENNSYLVANIA 19382ct~~\/ ~hr~ ~7 REMITTANCE ADV ICE H4) /4~s 300563-50310DOLLARSI.OATF TO JclE ORDER OF REFERENCE1h/ ,J~~A&~~t I CHE~~AMCThTLSd~


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BEFORE THE SUPREME COURT OF PENNSYLVANIAMIDDLE DISTRICTMayor Leo Scoda : No.312 Virginia AvenuePhoenixville, PA 19460andCouncil Person Jennifer Mayo215 Walnut StreetPhoenixville, PA 19460,PETITIONERS

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 of Phoenixville

Into The New 155th and 157th Legislative DistrictsPursuant to Section 17(d) of Article 2 of the Pennsylvania Constitution and

Pennsylvania Rule of Appellate Procedure 3321, the Petitioners, Mayor Leo Scoda andCouncil Person Jennifer Mayo (Petitioners), as individual voters in the Commonwealthof Pennsylvania in either the 155th or 157ih Legislative District, file this Petition forReview, seeking this Courts review of the December 12, 2011 final reapportionmentplan (Final Plan) approved by the 2011 Legislative Reapportionment Commission


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Court shall have exclusive jurisdiction of appeal from final Orders of certainconstitutional and judicial agencies, including the Legislative ReapportionmentCommission.

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 Leo Scoda is a citizen an d resident of the Commonwealth of

Pennsylvania residing therein at 312 Virginia Avenue, Phoenixville, Pennsylvania19460. Further, he is the elected Mayor of the Borough of Phoenixville and a registeredvoter in Chester County, Pennsylvania in the 157Ih Legislative District and brings thisPetition as an elected official and an individual registered Democratic voter who isaggrieved by the Final Plan.

4. Council Person Jennifer Mayo is a citizen and resident of the Commonwealthof Pennsylvania residing therein at 215 Walnut Street, Phoenixville, PA 19460. Further,she is an elected Council Person in the Borough of Phoenixville and a registered voter inChester County, Pennsylvania in the 155th Legislative District and brings this Petition asan elected official and an individual registered Democratic voter who is aggrieved by theFinal Plan.

Identity of Respondent5. The Respondent is the 2011 Legislative Reapportionment Commission.


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majority 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 Reviewed7. The determination for which the Petitioners seek review is the Final Plan for

the Pennsylvania House for new Districts 15 5 and 15 7 splitting the Borough ofPhoenixville. Attached and marked Exhibit A is the Final Plan for the PennsylvaniaHouse new Districts 15 5 and 157. Attached and marked Exhibit B is the map of theFinal Plan 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 Provision8. 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 div ided in forming either asenatorial or representative district. Article 2, Section 16 of the PennsylvaniaConstitution (emphasis supplied).


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Reapportionment Commission was constituted for the purpose of reapportioning theCommonwealth.

10. Pursuant to Article 17(c) ofArticle 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).

11. 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.

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

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

14 . There were objections by the Petitioners and others to the redistricting at thehearing.

15 . The aforementioned Final Plan divides the Borough of Phoenixville into twoLegislative Districts. In the new Legislative District 155 are PART Wards Middle(PART Division 01), North (Part, Division 03), and West (PART, Division 01) of theBorough of Phoenixville. In the new Legislative District 157 are PART Wards East,


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General Statement of Objections to the Final Reapportionment Plan SplittingThe Borough of Phoenixville in the 1571h Legislative District into the

New 155th and New 157 Legislative Districts16 . The Petitioners object to the Reapportionment Commissions determination

that divides the Borough of Phoenixville from the old 157111 Legislative District into thenew 155th Legislative District and the new I57~ Legislative District.

17 . Previously, all of the Borough of Phoenixville was in the 157~ LegislativeDistrict.

18 . This determination divides the Borough of Phoenixville in half.19 . The Borough of Phoenixville is now divided up into new Legislative District

155, which includes PART Wards Middle (PART Division 01), North (Part, Division03), and West (PART, Division 01), and new Legislative District 157, which includesPART Wards East, Middle (PART, Divisions 02 and 03), North (PART, Divisions 01and 02) and West (PART, Divisions 02 and 03).

20. The said redistricting violates the Pennsylvania Constitution under Article 2,Section 16 .

21. This Constitutional section prohibits the division of townships and boroughsin forming a Representative District unless it is absolutely necessary. There is noabsolute necessity in doing so now.


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senatorial or representative district. Article 2, Section 16 of the PennsylvaniaConstitution (emphasis supplied).22. The Petitioners object and contend that there is no absolute necessity for

dividing the Borough of Phoenixville under the current Reapportionment Plan. Attachedand marked Exhibit D is the Petitioners Proposal, which allows the Borough ofPhoenixville to remain entirely within the l57~ District.

23. Further, the said division separated areas that have heavy Hispanic and blackminority voters.

24. In the new 155th District, in the Middle (PART, Division 01) and North(PART, Division 03), there is a heavy Hispanic and black population. In the newDistrict, in the North (PART, Divisions 01 and 02), there is a large black and Hispanicpopulation.

25. The voting bloc was split by the redistricting and dilutes the voting bloc ofminorities that previously existed in the 157th District.

26. The said gerrymandering and redistricting of Phoenixville into the newLegislative Districts dilutes the voting strength of the black and Hispanic community.

27. This fences out racial ethnic groups so as to deprive them of their pre-existingmunicipal vote.

28. In Eastern Chester County where Phoenixville is located, there is not a hugeminority population so there is absolutely no reason to spli t i t. To do so would have


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29. The Reapportionment Plan has not shown an absolute necessity for notmaintaining the boundaries of the Borough of Phoenixville.

30. The Borough of Phoenixville has special needs that can only be taken care ofby being in one particular Legislative District and not split into two.

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

that this Honorable Court determine that the Reapportionment Plan dividing the Boroughof Phoenixville into two Legislative Districts, the 155 and 157th, is contrary to law underArticle 2, Sections 16 and 17(d) of the Pennsylvania Constitution, and, therefore, thisCourt should remand this matter with directions to the Commission to revise andreapportion the Plan to (a) include all of the Borough of Phoenixville in the IS7~~Legislative District as se t forth in the Petitioners Proposal, which is attached and markedas Exhibit D, and (b) make any other revisions to the Final Plan, which are required toconform to the Pennsylvania Constitution.

Respectfully s miffed,

Samuel C. Stretto~E~~irg~Attorney for PetitionersAttorney ID 1849130 1 5. High StreetP.O. Box 3231West Chester, PA 19381-3231610-696-4243


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BEFORE THE SUPREME COURT OF PENNSYLVANIAMIDDLE DISTRICT

MAYOR LEO SCODA and COUNCIL : SUPREME COURT DOCKETPERSON JENNIFER MAYO, : NO .PETITIONERS

V.2011 LEGISLATIVE REAPPOINTMENTCOMMISSION,

RESPONDENTPROOF OF SERVICE

I hereby certify I am this date serving a copy of theaforegoing 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 171203079

2. Honorable Linda KellyAttorney General of Pennsylvania16th Floor, Strawberry SquareHarrisburg, PA 17120

Respectful]jy~ubmitted,

/1hate Samtf~l C. Stret6ff. EsquireAttorney fo r Petitioners


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HOUSE OF REPRESENTATIVES DISTRICTS

ist. 155 HESTER County.Part of CHESTER County consist ing of the TOWNSHIPS ofEas t Brandyw ine, Eas t Pikeland, Upper Uwchlan,Uwchlan, West Brandywine and West Vincent and theBOROUGHS of Phoenixyif le (PART, Wards MiddleDiSt~U1TJA~thJPART, D siono3.sndjes t[PART, Division 011) and Spring City.Totaf population: 62,940

Dist. 156 CHESTER County.Part of CHESTER County consist ing 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).Total populat ion: 62,874

Dist. 157 CHESTER and MONTGOMERY Counties.Part of CHESTER County consist ing of the TOWNSHIPS ofSchuylki l l and Tredyffrin and the BOROUG1L9fPhoenixvi l le (PART, Wards East, Middle [P~T,Divisions 02 and~3.J-,~Ng~th [PART, Divisions 01 and02] an4_We~S2PART. Divisions 02 andO3JJ and Part of MONTGOMERY County consisting of the TOWNSHIPS of LowerProvidence (PART, District 03 [PART, Divisions 01 and02]) and Upper Providence (PART, Districts Mont Clareand Oaks).Total populat ion: 62,145

Dist. 158 CHESTER County.Part of CHESTER County consist ing of the TOWNSHIPS ofEast Mar lborough, Highland, Kennett, London Britain,New Garden, Newlin, Pennsbury, Pocopson, West Bradfordand West Marlborough and the BOROUGHS of Avondale andKennett Square.Total populat ion: 60,831


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HOUSE OF REPRESENTATIVES DISTRICTS

Dist. 159 DELAWARE County.Part of DELAWARE County consist ing of 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 popula tion : 60,874

Dist. 160 CHESTER and DELAWARE Counties.Part of CHESTER County consist ing of the TOWNSHIPS ofBirmingham and East Bradford (PART, District South)and the BOROUGH o f West Chester (PART, Wards 03, 04and 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 popu la tion : 63,438

Dist. 161 DELAWARE County.Part of DELAWARE County cons is ting o f 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 f 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).To ta l popula tion : 63,144


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Pethbrtr~ fr~csi /Dist. 155 CHESTER County.

Part of CHESTER County consist ing of the TOWNSHIPS ofEast Brandywine, East Pikeland, Schuylki l l (PART,Distr icts 01 and 02), Upper Uwchlan, Uwchlan, WestBrandywine and West Vincent and the BOROUGH of SpringCity.Total populat ion: 61,391

P1st. 157 CHESTER and MONTGO~RY CountiesPart of CHESTER County cons is ting o f the TOWNSHIPS ofSchuylki l l (PART, Districts 03 and 04) and Tredyffr inand the BOROUGH of Phoenixvi l le and Part of MONTGOt~RYCounty consisting of the TOWNSHIPS of Lower Providence(PART, District 03 [PART, Divisions 01 and 02]) andUpper Providence (PART, Distr icts Mont Clare andOaks).Total populat ion: 63,694


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Redistricting Appeal 2

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