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No. 1 WM 2012

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

[J- 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 31- 2012]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT

No. 7 MM 2012

AMANDA E. HOLT, ELAINE TOMLIN, LOUIS 
NUDI, DIANE EDBRIL, DARIEL I. JAMIESON, 
LORA  LAVIN,  JAMES  YOEST,  JEFFREY 
MEYER,  CHRISTOPHER  H.  FROMME, 
TIMOTHY  F.  BURNETT,  CHRIS  HERTZOG, 
GLEN  ECKHART,  and  MARY  FRANCES 
BALLARD, 

Petitioners

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

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2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

Respondent

JUDITH 

SENATOR 
SENATOR 
JAY  COSTA, 
LAWRENCE  M.  FARNESE,  JR.,  SENATOR 
CHRISTINE  M.  TARTAGLIONE,  SENATOR 
SHIRLEY M. KITCHEN, SENATOR LEANNA 
M.  WASHINGTON,  SENATOR  MICHAEL  J. 
STACK,  SENATOR  VINCENT  J.  HUGHES, 
SENATOR  ANTHONY  H.  WILLIAMS, 
SENATOR 
SCHWANK, 
SENATOR  JOHN  T.  YUDICHAK,  SENATOR 
DAYLIN  LEACH,  SENATOR  LISA  M. 
BOSCOLA, 
E. 
DINNIMAN,  SENATOR  JOHN  P.  BLAKE, 
SENATOR 
KASUNIC, 
SENATOR  JOHN  N.  WOZNIAK,  SENATOR 
JIM  FERLO,  SENATOR  WAYNE  D. 
FONTANA, 
R. 
BREWSTER,  and  SENATOR  TIMOTHY  J. 
SOLOBAY, 

SENATOR 

SENATOR 

RICHARD 

ANDREW 

JAMES 

A. 

L. 

Petitioners

v.

v.

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2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

Respondent

MAYOR  CAROLYN  COMITTA, COUNCIL 
PRESIDENT  HOLLY  BROWN, WILLIAM  J. 
SCOTT,  JR.,  HERBERT  A.  SCHWABE,  II, 
JANE  HEALD  CLOSE, FLOYD  ROBERT 
BIELSKI,  DAVID  LALEIKE, E.  BRIAN 
ABBOTT, NATHANIEL  SMITH, and  W. 
DONALD BRACELAND, 

Petitioners

No. 2 MM 2012

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

MAYOR  LEO  SCODA  and  COUNCIL 
PERSON JENNIFER MAYO, 

No. 3 MM 2012

v.

v.

Respondent

Petitioners

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

Respondent

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

J.  AMDUR, 

THOMAS  SCHIFFER,  ALISON  BAUSMAN, 
RACHEL 
JOAN  TARKA, 
LAWRENCE  W.  ABEL,  MARGARET  G. 
MORSCHECK,  LAWRENCE  J.  CHRZAN, 
JULIA SCHULTZ and SHIRLEY RESNICK, 

No. 4 MM 2012

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 

[J- 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 31 -2012] - 2

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Petitioners

Commission, dated December 12, 2011

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

SEKELA  COLES,  CYNTHIA  JACKSON  and 
LEE TALIAFERRO, 

No. 5 MM 2012

v.

v.

v.

Respondent

Petitioners

Respondent

Petitioner

Respondent

Petitioners

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

PATTY KIM, 

No. 6 MM 2012

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

EDWARD  J.  BRADLEY,  JR.,  PATRICK 
MCKENNA,  JR.,  DOROTHY  GALLAGHER, 
RICHARD  H.  LOWE,  and  JOHN  F.  "JACK" 
BYRNE, 

No. 8 MM 2012

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

[J- 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 31 -2012] - 3

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2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

DENNIS J. BAYLOR, 

No. 9 MM 2012

v.

v.

v.

v.

Respondent

Petitioner

Respondent

Petitioner

Respondent

Petitioner

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

ANDREW DOMINICK ALOSI, 

No. 10 MM 2012

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

CARLOS A. ZAYAS, 

No. 17 MM 2012

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

Respondent

[J- 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 31 -2012] - 4

WILLIAM C. KORTZ, MICHELLE L. VEZZANI, 
MICHAEL  E.  CHEREPKO,  GREGORY 
EROSENKO,  JOYCE  POPOVICH,  JOHN 
BEVEC,  LISA  BASHIOUM,  and  RICHARD 
CHRISTOPHER, 

No. 4 WM 2012

Appeal from the Legislative 
Reapportionment Plan of the 2011 
Legislative Reapportionment 
Commission, dated December 12, 2011

Petitioners

v.

2011  LEGISLATIVE  REAPPORTIONMENT 
COMMISSION, 

Respondent

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ORDER

PER CURIAM

DECIDED:    January 25, 2012

AND NOW, this 25th day of January, 2012, upon consideration of the petitions for 

review  and  briefs in  these legislative  redistricting appeals,  and  after  entertaining  oral 

argument  on  January  23,  2012,  this  Court

finds that  the  final  2011  Legislative 

Reapportionment Plan is contrary to law.    PA. CONST. art. II, § 17(d).1    Accordingly, the 

final  2011  Legislative  Reapportionment  Plan  is REMANDED to  the  2011  Legislative 

Reapportionment  Commission  with  a  directive  to  reapportion  the  Commonwealth  in  a 

manner consistent with this Court’s Opinion, which will follow.    Id.   

The 2001 Legislative Reapportionment Plan, which this Court previously ordered 

to  “be  used  in  all  forthcoming  elections  to  the  General  Assembly  until  the  next 

constitutionally mandated reapportionment shall be approved,” Albert v. 2001 Legislative 

Reapportionment Commission, 790 A.2d 989, 991 (Pa. 2002) (quoting per curiam order),

                                           
1

For  administrative  purposes  only,  we  have  designated  the  appeal  in  Holt  v. 
2011 Legislative Reapportionment Commission, 7 MM 2012 / J-7-2012, as the lead case. 

[J- 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 31 -2012] - 5

shall remain in effect until a revised final 2011 Legislative Reapportionment Plan having

the force of law is approved.    PA. CONST. art. II, § 17(e).

All 2012 election dates shall remain the same, with the exception of the primary 

election calendar, which is adjusted as follows:

Thursday, January 26

First day to circulate nomination 
petitions

Thursday, February 16

Last day to file nomination 
petitions

Thursday, February 23

Monday, February 27

Friday, March 2

Friday, March 2

Last day to file objections to set 
aside nomination petitions

Last day that court may fix for 
hearings on objections to 
nomination petitions

Last day for court to finally
determine objections to 
nomination petitions

Last day for withdrawal by 
candidates who filed nomination 
petitions

Any  signatures  on  nomination  petitions  dated  January  24  or  January  25,  2012, 

shall be deemed valid as to timeliness, subject, however, to any other statutory challenge.   

Jurisdiction is retained. 

Madame Justice Orie Melvin join. 

Mr.  Justice  Saylor  files a  dissenting  statement,  in  which  Mr.  Justice  Eakin  and 

[J- 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 31 -2012] - 6

J-2-12&31-2012pco.docx

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Sourced from www.pacourts.us (2023-03)
Page(s): 6
Fields(s): 43
Average fields per page: 7
Reading Level: Grade 11
LIST Grouping(s): Unknown

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The Legal Innovation & Technology Lab's Form Explorer ^Beta @ Suffolk Law School Last updated 2023-04-02