RE01t40

SAMUEL C. STRETTON ATTORNEY AT LAW 301 SOUTH HIGH STREET P.O. BOX 3231 WEST CHESTER, PA 193813231 (610) 6964243 FAX (610) 6962919 January 9, 2012

JAN iq~ii
REAPPORTIONMENT

THE BENJAMIN FRMUCIN HOUSE 834 CHESTNUT STREET, SUITE 206 PHILADELPHIA, PENNSflVMIA 19107 (215) 6278653

Charles OConner, Jr., Executive Director 2011 Legislative Reappointment Commission 104 North Office Building Harrisburg, PA 171203079 Re: Mayor Leo Scoda and Council Person Jennifer Mayo v. 2011 Legislative Reappointment Commission

Dear Mr. OConner: Please be advised I represent the Petitioners, Mayor Leo Scoda and Council Person Jennifer Mayo, in the captioned matter. Enclosed please find a copy of the Notice to Participate and Certificate of Service, a copy of which has been sent to the Supreme Court for filing. Also enclosed is the Petition for Review filed with the Pennsylvania Supreme Court. Very truly yours,

Samuel C. Stretton SCS:jac Enc. Cc: Honorable Linda Kelly, Attorney General of Pennsylvania VIA FEDERAL EXPRESS, OVER NIGHT DELIVERY

BEFORE THE SUPRE)~ COURT OF PENNSYLVANIA MIDDLE DISTRICT MAYOR LEO SCODA and COUNCIL PERSON 3ENNIFER MAYO, PETITIONERS V. 2011 LEGISLATIVE REAPPOINT~NT

: :

SUPRE)~ COURT DOCKET NO.

COMMISSION,
RESPONDENT NOTICE 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 Intervention under Rule 1531 of the Pennsylvania Rules of Appellate Procedure within thirty (30) days. Respectfully submitted,

Samuel C. Stretton, Esquire Attorney for Petitioners,

P.O. Box 3231 301 South High Street

itt

West Chester, PA
(610) 6964243 Attorney I.D. No.

19381 18491

BEFORE THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT MAYOR LEO SCODA and COUNCIL PERSON JENNIFER MAYO, PETITIONERS V. 2011 LEGISLATIVE REAPPOINTMENT : : SUPREME COURT DOCKET NO.

COMMISSION,
RESPONDENT PROOF OF SERVICE

I hereby certify I am this date serving a copy of the Notice to Participate in the captioned matter upon the following persons by Federal Express, overnight delivery, which services fulfills the requirements of Pa.R.A.P. 121: 1. Charles OConner, Jr., Executive Director 2011 Legislative Reappointment Commission 104 North Office Building Harrisburg, PA 171203079 Honorable Linda Kelly Attorney General of Pennsylvania 16th Floor, Strawberry Square Harrisburg, PA 17120 Respect ully submitted,

2.

Date

Samuel C. Stretton, Esquire Attorney for Petitioners 301 South High Street P.O. Box 3231 West Chester, PA 193813231 (610) 6964243 Attorney I.D. No. 18491

SAMUEL C. STRETTON ATTORNEY AT LAW 301 SOUTH HIGH STREET P.O. BOX 3231 WEST O4ESTER, PA 193813231. (610) 6964243 FAX (610) 6962919

January 9, 2012

T~ BEN3.)CN FRANKLIN HOUSE 834 CHESTNUT STREET, SUITE 206 PHILADELPHIA, PENNSYLVANIA 19107 (215) 6278653

Irene M. Bizzoso, Esquire Prothonotary Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Ave., Suite 4500 Harrisburg, PA 17120 Re: Mayor Leo Scoda and Council Person Jennifer Mayo v. 2011 Legislative Reappointment Commission

Dear Ms. Bizzoso: Please be advised I represent the Petitioners, Mayor Leo Scoda and Council Person Jennifer Mayo, in the captioned matter. Enclosed please find the original and nine (9) copies of the Petitioners Petition for Review and Certificate of Service. Pursuant to your request, I am simultaneously sending a copy of the Petition for Review by Federal Express, overnight delivery to the Respondent. have also enclosed a check in the amount of $73.50 for the filing fee. Finally, I have enclosed a copy of the Notice to Participate which was also sent by Federal Express to the Respondent. I would ask for your assistance in filing this of record, and if you would return a time stamped copy to me

Irene M. Bizzoso, Esquire January 9, 2012 Page Two in the self-addressed, stamped envelope provided, it would be most appreciated. Thank you. Very truly yours,

Samuel C. Stretton SCS:jac Enc. Cc: Charles 0 Conner, Jr. Honorable Linda Kelly VIA FEDERAL EXPRESS, OVER-NIGHT DELIVERY

SAMUEL C. STRETEON
ATtORNEY AT LAW 301 SOUTh HIGH STREET WEST CHESTER, PENNSYLVANIA 19382

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BEFORE THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT Mayor Leo Scoda 312 Virginia Avenue Phoenixville, PA 19460 and Council Person Jennifer Mayo 215 Walnut Street Phoenixville, PA 19460, PETITIONERS VS. 2011 Legislative Reapportionment Commission, RESPONDENT : No.

PETITION FOR REVIEW In The Nature of An Appeal From The Final Plan of the 2011 Legislative Reapportionment Commission Splitting the Borough of Phoenixville Into The New 155th and
157th

Legislative Districts

Pursuant to Section 17(d) of Article 2 of the Pennsylvania Constitution and Pennsylvania Rule of Appellate Procedure 3321, the Petitioners, Mayor Leo Scoda and Council Person Jennifer Mayo (Petitioners), as individual voters in the Commonwealth of Pennsylvania in either the
155th

or

157ih

Legislative District, file this Petition for

Review, seeking this Courts review of the December 12, 2011 final reapportionment plan (Final Plan) approved by the 2011 Legislative Reapportionment Commission (Commission). In support of the Petition, the Petitioners state as follows: Statement of Jurisdiction 1. 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 Supreme

Court shall have exclusive jurisdiction of appeal from final Orders of certain constitutional and judicial agencies, including the Legislative Reapportionment Commission. 2. This appeal is addressed to the Courts appellate jurisdiction and is in the nature of a Petition for Review, pursuant to Rule of Appellate Procedure 3321. Identity of Parties Seeking Review 3. Mayor Leo Scoda is a citizen and resident of the Commonwealth of Pennsylvania residing therein at 312 Virginia Avenue, Phoenixville, Pennsylvania 19460. Further, he is the elected Mayor of the Borough of Phoenixville and a registered voter in Chester County, Pennsylvania in the
157Ih

Legislative District and brings this

Petition as an elected official and an individual registered Democratic voter who is aggrieved by the Final Plan. 4. Council Person Jennifer Mayo is a citizen and resident of the Commonwealth of 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 in Chester County, Pennsylvania in the
155th

Legislative District and brings this Petition as

an elected official and an individual registered Democratic voter who is aggrieved by the Final Plan. Identity of Respondent 5. The Respondent is the 2011 Legislative Reapportionment Commission. 6. 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, the

majority leader of the House of Representatives; Representative Frank Dermody, the minority leader of the House of Representatives; and the Honorable Stephen McEwen, the fifth member selected by this Court after the other four Commission members were unable to agree on a fifth member. Judge McEwen served as Chair of the Commission. Determination to be Reviewed 7. The determination for which the Petitioners seek review is the Final Plan for the Pennsylvania House for new Districts 155 and 157 splitting the Borough of Phoenixville. Attached and marked Exhibit A is the Final Plan for the Pennsylvania House new Districts 155 and 157. Attached and marked Exhibit B is the map of the Final Plan for the Pennsylvania House Districts as published in the Daily Local News of Chester County on January 5,2012. Attached and marked Exhibit C is the Legislative District Plan for Chester County as published in the Daily Local News on January 5, 2012. Controlling Constitutional Provision 8. Section 16 of Article 2 of the Constitution states: The Commonwealth shall be divided into fifty senatorial and two hundred three representative districts, which shall be comprised of compact and contiguous territory as nearly equal in population as practicable. Each senatorial district shall elect one Senator, and each representative district one Representative. Unless absolutely necessary no county, city, incorporated town, borough, township or ward shall be divided in forming either a senatorial or representative district. Article 2, Section 16 of the Pennsylvania Constitution (emphasis supplied). Rclcvant Proccdural Background 9. Pursuant to Section 17(a) of Article 2 of the Pennsylvania Constitution, in 2011, the year following the Federal decennial census, the 2011 Legislative

Reapportionment Commission was constituted for the purpose of reapportioning the Commonwealth.

10. Pursuant to Article 17(c) of Article 2 of the Pennsylvania Constitution, the

Commission approved a preliminary reapportionment plan on October 31, 2011, by a 3 to 2 vote, with Commission members Costa and Dermody dissenting. (Preliminary Plan). 11. The Preliminary Plan was not revealed to the Senate and House minority leader members of the Commission until one-half hour in advance of the time scheduled for voting on the Preliminary Plan and no meaningful opportunity for review of the Preliminary Plan was provided. 12. The Commission conducted public hearings on the Preliminary Plan on November 18 and November 23, 2011, and allowed for the submission of written comments and concerns. 13. During the course of the hearings, witnesses from across the Commonwealth testified as to the importance of not dividing political subdivisions unnecessarily. 14. There were objections by the Petitioners and others to the redistricting at the hearing. 15. The aforementioned Final Plan divides the Borough of Phoenixville into two Legislative Districts. In the new Legislative District 155 are PART Wards Middle (PART Division 01), North (Part, Division 03), and West (PART, Division 01) of the Borough of Phoenixville. In the new Legislative District 157 are PART Wards East, Middle (PART, Divisions 02 and 03), North (PART, Divisions 01 and 02) and West (PART, Divisions 02 and 03). Previously, the entire Borough of Phoenixville was in the old
157th

Legislative District.

General Statement of Objections to the Final Reapportionment Plan Splitting The Borough of Phoenixville in the New
155th 1571h

Legislative District into the

and New 157 Legislative Districts

16. The Petitioners object to the Reapportionment Commissions determination that divides the Borough of Phoenixville from the old 157111 Legislative District into the new
155th

Legislative District and the new I57~ Legislative District.

17. Previously, all of the Borough of Phoenixville was in the 157~ Legislative District. 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, Division 03), and West (PART, Division 01), and new Legislative District 157, which includes PART Wards East, Middle (PART, Divisions 02 and 03), North (PART, Divisions 01 and 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 boroughs in forming a Representative District unless it is absolutely necessary. There is no absolute necessity in doing so now. The Commonwealth shall be divided into fifty senatorial and two hundred three representative districts, which shall be comprised of compact and contiguous territory as nearly equal in population as practicable. Each senatorial district shall elect one Senator, and each representative district one Representative. Unless absolutely necessary no county, city, incorporated town, borough, township or ward shall be divided in forming either a

senatorial or representative district. Article 2, Section 16 of the Pennsylvania Constitution (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. Attached and marked Exhibit D is the Petitioners Proposal, which allows the Borough of Phoenixville to remain entirely within the l57~ District. 23. Further, the said division separated areas that have heavy Hispanic and black minority 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 new District, in the North (PART, Divisions 01 and 02), there is a large black and Hispanic population. 25. The voting bloc was split by the redistricting and dilutes the voting bloc of minorities that previously existed in the
157th

District.

26. The said gerrymandering and redistricting of Phoenixville into the new Legislative 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-existing municipal vote. 28. In Eastern Chester County where Phoenixville is located, there is not a huge minority population so there is absolutely no reason to split it. To do so would have intentional ramifications. The Petitioners, therefore, object to the Reapportionment Plan. See In Re Reapportionment Plan for the General Assembly of Pennsylvania, 442 A.2d 661, 668 (Pa., 1981).

29. The Reapportionment Plan has not shown an absolute necessity for not maintaining the boundaries of the Borough of Phoenixville. 30. The Borough of Phoenixville has special needs that can only be taken care of by being in one particular Legislative District and not split into two. Relief Requested by the Petitioners The Petitioners, by their counsel, Samuel C. Stretton, Esquire, respectfully request that this Honorable Court determine that the Reapportionment Plan dividing the Borough of Phoenixville into two Legislative Districts, the 155 and
157th,

is contrary to law under

Article 2, Sections 16 and 17(d) of the Pennsylvania Constitution, and, therefore, this Court should remand this matter with directions to the Commission to revise and reapportion the Plan to (a) include all of the Borough of Phoenixville in the IS7~~ Legislative District as set forth in the Petitioners Proposal, which is attached and marked as Exhibit D, and (b) make any other revisions to the Final Plan, which are required to conform to the Pennsylvania Constitution. Respectfully s miffed,

Samuel C. Stretto~E~~irg~ Attorney for Petitioners Attorney ID 18491 301 5. High Street

P.O. Box 3231 West Chester, PA 19381-3231

610-696-4243

BEFORE THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT MAYOR LEO SCODA and COUNCIL PERSON JENNIFER MAYO, : :
SUPREME COURT DOCKET

NO.

PETITIONERS
V.

2011 LEGISLATIVE REAPPOINTMENT COMMISSION, RESPONDENT

PROOF OF SERVICE

I hereby certify I am this date serving a copy of the aforegoing Petition for Review in the captioned matter upon the following persons by Federal Express, overnight delivery, which services fulfills the requirements of Pa.R.A.P. 121: 1. Charles OConner, Jr., Executive Director 2011 Legislative Reappointment Commission 104 North Office Building Harrisburg, PA 171203079 Honorable Linda Kelly Attorney General of Pennsylvania 16th Floor, Strawberry Square Harrisburg, PA 17120 Respectful]jy~ubmitted,

2.

Thate

Samtf~l C. Stret6ff. Esquire Attorney for Petitioners 301 South High Street P.O. Box 3231 West Chester, PA 193813231 (610) 6964243 Attorney I.D. No. 18491

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HOUSE OF REPRESENTATIVES DISTRICTS

ist.

155

HESTER County. Part of CHESTER County consisting of the TOWNSHIPS of East Brandywine, East Pikeland, Upper Uwchlan, Uwchlan, West Brandywine and West Vincent and the BOROUGHS of Phoenixyifle (PART, Wards Middle DiSt~U1TJA~thJ PART, D siono3.sndjes t [PART, Division 011) and Spring City. Totaf population: 62,940

Dist.

156

CHESTER County. Part of CHESTER County consisting of the TOWNSHIPS of East Bradford (PART, District North), East Goshen, West Goshen and Westtown (PART, Precincts 01, 02, 03 and 05) and the BOROUGH of West Chester (PART, Wards 01, 02, 06 and 07). Total population: 62,874

Dist.

157

CHESTER and MONTGOMERY Counties. Part of CHESTER County consisting of the TOWNSHIPS of Schuylkill and Tredyffrin and the BOROUG1L9f Phoenixville (PART, Wards East, Middle [P~T, Divisions 02 and~3.J-,~Ng~th [PART, Divisions 01 and 02] an4_We~S2PART. Divisions 02 andO3JJ and Part of MONTGOMERY County consisting of the TOWNSHIPS of Lower Providence (PART, District 03 [PART, Divisions 01 and 02]) and Upper Providence (PART, Districts Mont Clare and Oaks). Total population: 62,145

Dist.

158

CHESTER County. Part of CHESTER County consisting of the TOWNSHIPS of East Marlborough, Highland, Kennett, London Britain, New Garden, Newlin, Pennsbury, Pocopson, West Bradford and West Marlborough and the BOROUGHS of Avondale and Kennett Square. Total population: 60,831

HOUSE OF REPRESENTATIVES DISTRICTS

Dist.

159

DELAWARE County. Part of DELAWARE County consisting of the CITY of Chester and the TOWNSHIPS of Chester, Lower Chichester, Nether Providence (PART, Ward 01), Ridley (PART, Wards 01. [PART, Division 01], 02 [PART, Division 02] and 07 [PART, Division 02]) and Upper Chichester (PART, Ward 02 [PART, Division 02]) and the BOROUGHS of Eddystone, Marcus Hook, Swarthmore (PART, Precincts Eastern and Western) , Trainer and Upland. Total population: 60,874

Dist.

160

CHESTER and DELAWARE Counties. Part of CHESTER County consisting of the TOWNSHIPS of Birmingham and East Bradford (PART, District South) and the BOROUGH of West Chester (PART, Wards 03, 04 and 05) and Part of DELAWARE County consisting of the TOWNSHIPS of Bethel, Chadds Ford, Concord and Upper Chichester (PART, Wards 01, 02 [PART, Division 01], 03, 04 and 05). Total population: 63,438

Dist.

161

DELAWARE County. Part of DELAWARE County consisting of the TOWNSHIPS of Aston (PART, Wards 01, 04, 06 and 07), Marple (PART, Wards 02 [PART, Division 02] and 05), Nether Providence (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, Divisions 02 and 02]) and Upper Providence (PART, Precincts 02, 03 and 05) and the BOROUGHS of Brookhaven, Parkside, Rose Valley, Rutledge and Swarthmore (PART, Precinct Northern). Total population: 63,144

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Dist. 155

CHESTER County. Part of CHESTER County consisting of the TOWNSHIPS of East Brandywine, East Pikeland, Schuylkill (PART, Districts 01 and 02), Upper Uwchlan, Uwchlan, West Brandywine and West Vincent and the BOROUGH of Spring City. Total population: 61,391 CHESTER and MONTGO~RY Counties Part of CHESTER County consisting of the TOWNSHIPS of Schuylkill (PART, Districts 03 and 04) and Tredyffrin and the BOROUGH of Phoenixville and Part of MONTGOt~RY County consisting of the TOWNSHIPS of Lower Providence (PART, District 03 [PART, Divisions 01 and 02]) and Upper Providence (PART, Districts Mont Clare and Oaks). Total population: 63,694

P1st.

157

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