In 2021, Byer was appointed as chief counsel to the 2021 Pennsylvania Legislative Reapportionment Commission, which has the responsibility under the Pennsylvania Constitution for redistricting the Pennsylvania House of Representatives and Pennsylvania Senate based upon the 2020 Census. The commission’s final redistricting plan, adopted in February, has been lauded as a significant improvement over the previous redistricting (which followed the 2010 census) for its responsiveness to dramatic population shifts in Pennsylvania and fairness in reducing partisan bias while improving compliance with all constitutional metrics. The 2022 plan also for the first time addressed the issue of “prison gerrymandering,” by reallocating many state prisoners to their home districts, where they are required to vote, instead of counting them where imprisoned. The plan also created new minority opportunity and influence districts.

In March, the Pennsylvania Supreme Court affirmed the commission’s final plan by a vote of 7-0, one of only two times that the court has approved a legislative redistricting plan without dissent and the only time that the court has done so by a per curiam order without the need for an opinion. Byer’s work can be highlighted as nonpartisan, grounded in fairness, and based upon a sound understanding and application of both federal and Pennsylvania constitutional requirements.

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