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MELLOW v. PIZZINGRILLI

800 A.2d 350 (2002)

Robert J. MELLOW, Senator, 22nd District, Michael A. O'Pake, Senator, 11th District, Jack R. Wagner, Senator, 42nd District, Raphael J. Musto, Senator, 14th District, Vincent J. Fumo, Senator, 1st District, Richard A. Kasunic, Senator, 32nd District, J. Barry Stout, Senator, 46th District, Leonard J. Bodack, Senator, 38th District, Gerald J. Lavalle, Senator, 47th District, Vincent J. Hughes, Senator, 7th District, Christine M. Tartaglione, Senator, 2nd District, Jay Costa, Jr., Senator, 43rd District, Shirley M. Kitchen, Senator, 3rd District, Anthony H. Williams, Senator, 8th District, Lisa M. Boscola, Senator, 18th District, Michael J. Stack, Senator, 5th District, and Sean F. Logan, Senator, 45th District, Petitioners. v. Kim PIZZINGRILLI, Secretary of the Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 15, 2002.

Attorney(s) appearing for the Case

Mark A. Packman, Washington, DC, for petitioners.

Calvin R. Koons, Harrisburg, for respondent.

Linda J. Shorey, Harrisburg, for intervenors, Senators Jubelirer and Brightbill.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and FRIEDMAN, Judge, and LEADBETTER, Judge, and SIMPSON, Judge.

Opinion by President Judge COLINS.

BACKGROUND

This matter is a challenge by 17 Democratic state senators to an amendment to Article II, Section 17 of the Pennsylvania Constitution, adopted by the electorate of this Commonwealth at the Primary Election in May 2001.

Pursuant to Article II, Section 16 of the Pennsylvania Constitution, the Commonwealth is divided into 50 senatorial and 203 representative districts...

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