[EL] Residency requirements in redistricting years
Adam Bonin
adam at boninlaw.com
Wed Apr 20 09:31:37 PDT 2022
To set the stage, because of census and other delays, PA's Legislative
Redistricting Commission issued a final plan for the state legislative
chambers on February 4; it attained the force of law on March 16 when the
PA Supreme Court turned away all challenges to it (opinions still to
follow), and candidate nomination petition circulation ran during a
delayed/abbreviated March 18-March 28 period.
While opinions will follow, the PA Supreme Court held yesterday in a 5-1
decision that the traditional one-year in-district residency requirement
for state legislators in the state constitution (i.e., must be in district
by early November of the prior year) is not suspended or altered during
redistricting years. As such, a candidate who the parties stipulated was
living in the "old 165th" from November to February but not in the "new
165th" until sometime in February was found to not meet the residency
requirement and was booted from the ballot.
https://urldefense.com/v3/__https://www.pacourts.us/assets/opinions/Supreme/out/56*20MAP*2022*2004-19-22.pdf?cb=1__;JSUl!!CzAuKJ42GuquVTTmVmPViYEvSg!L_D3PzzOp2XaxQethgAMXGU1tBxLoftc7SSn2RazhmmUm8uiel65yrkWcKjKLmD69sfZNqGetbPASMN9YA$
So I couldn't help but wonder: are there states with residency requirements
for candidates where those requirements are altered or suspended during
redistricting years? Mostly just curious, as this issue won't arise again
here for another decade.
Adam C. Bonin
The Law Office of Adam C. Bonin
121 S. Broad Street, Suite 400
Philadelphia, PA 19107
(267) 242-5014 (c)
(215) 827-5300 (f)
adam at boninlaw.com
https://urldefense.com/v3/__http://www.boninlaw.com__;!!CzAuKJ42GuquVTTmVmPViYEvSg!L_D3PzzOp2XaxQethgAMXGU1tBxLoftc7SSn2RazhmmUm8uiel65yrkWcKjKLmD69sfZNqGetbMcvPRANQ$
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