[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.

2 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

3 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.

4 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 10 2 9 11 3 12 County boundaries 4 13