Pa. House speaker files suit to halt elections over maps
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HARRISBURG -- The Republican speaker of the state House of Representatives has filed a suit in federal court, seeking to prevent elections this year from being held under what he argues are now-unconstitutional boundaries set in 2001.
The suit, filed Monday in Philadelphia, is one result of the confusion created last week when the state Supreme Court declared that newly drawn legislative maps, based on the 2010 census data, could not be used.
The state's top court ordered that the current districts remain in effect and that the new maps must be redrawn, but has yet to release an opinion explaining the problems with those new boundary lines.
Meanwhile, candidates have begun to circulate petitions for this year's elections, despite questions surrounding the districts in which they will run.
Rep. Sam Smith, R-Jefferson, argued that elections under the 2001 legislative maps would violate the Constitution due to the population shifts since they were crafted.
Part of the urgency arises from the six currently vacant legislative seats, including one in Pittsburgh's South Hills previously held by former Democratic Rep. Chelsa Wagner.
Mr. Smith, who as speaker normally would be required to announce elections to fill those vacancies within 10 days of the new maps being approved, is asking the court for permission not to hold special elections under the decade-old maps that remain in effect.
"Without this remedy, the speaker would be required to perform a constitutional duty, issuing writs for special elections to fill vacancies in the House, in districts that do not meet constitutional requirements for elections," according to Mr. Smith's lawsuit.
A spokesman for Pennsylvania's Department of State said they share Mr. Smith's concern about the legality of holding elections using districts with population disparities.
"The issue that they're raising is legitimate for the court to consider because the population has shifted dramatically," said agency spokesman Ron Ruman.
Some Democrats, however, disagree, arguing that the state's population constantly is shifting, though new boundaries are only drawn every 10 years.
"Pennsylvania's 2001 reapportionment map was upheld as constitutional when written," said Sen. Daylin Leach, D-Montgomery, in a statement. "That map does not lose its constitutional validity simply because it is no longer equal in population."
Steve Miskin, spokesman for Mr. Smith and the House Republican caucus, said the lawsuit was filed to ask for clarity on the question of this year's elections.
"We hope they will respond quickly," he said. "Otherwise it just really creates confusion for the electorate."
First Published February 1, 2012 12:00 am
