WEST virginia Legislature
2019 regular session
House Joint Resolution 22
By Delegate Doyle
January 28, 2019; Referred
to the Committee on Political Subdivisions then Government Organization then Judiciary]
Proposing an amendment to the Constitution of the State of West Virginia, amending article IV thereof by adding thereto a new section, designated section thirteen, relating to the arrangement of congressional, senatorial and delegate districts after census by creating a State Redistricting Commission; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2020, which proposed amendment is that article IV thereof, be amended by adding thereto a new section, designated section thirteen, to read as follows:
§13. State Redistricting Commission.
No later than March first, two thousand twenty and every ten years after that, or when a reapportionment is required by court order, a Redistricting Commission shall be constituted. The commission consists of nine members. The President of the State Senate and the Speaker of the House of Delegates shall each select two members. Members of each house belonging to a party or parties different from that of the President or the Speaker shall designate two members of the commission. The eight members so selected, shall within ten days of all eight members being selected, select a ninth member. The members shall select a member as chair of the commission. If the eight members fail to select a qualified person to serve as the ninth member, the Chief Justice of the Supreme Court of Appeals shall select the ninth member. No more than four members may be members of the same political party. No more than one member may be a resident from the same senatorial district. Members of the Legislature and officers and employees of the state or of any county, municipality or other governmental unit of the state are not eligible to serve on the commission. Each commission member must have been a citizen of this state for at least ten years prior to appointment and may not have changed his or her political party affiliation within three years prior to being appointed. The term of each member of the commission expires upon submission of the commission’s draft legislation to the Legislature.
The commission shall meet at least once a month until it submits its draft legislation to the Legislature.
As compensation for his or her services on the commission, each member may receive $150 for each commission meeting attended. Each member may also be reimbursed for all reasonable and necessary expenses incurred in the discharge of his or her duties as a member of the commission.
The commission shall hold at least four public hearings throughout the state to obtain public comment concerning redistricting. No more than one hearing may be held in an existing senatorial district.
The commission shall prepare draft legislation that apportions congressional districts pursuant to section four, article I of this Constitution and senatorial and delegate districts pursuant to section ten, article VI of this Constitution.
No later than ninety days from the time the census data is available from the United States Government, the arrangement of senatorial and delegate districts shall be presented to the Legislature in draft legislation submitted for introduction in each house at the request of the commission. In order to consider any other measure providing for the arrangement of the congressional, senatorial and delegate districts, each house of the Legislature must consider without amendment and reject by two-thirds vote of those elected in each house the bill relating to that house as proposed by the commission. All voting on the floor of both houses on the question of passage of any general law shall be by yeas and nays to be entered on the journals. If either house rejects the bill, then the Legislature may consider any other measure and enact legislation that otherwise comports to the requirements of this and the United States Constitutions.
The draft legislation submitted to the Legislature by the commission shall conform to the United States Constitution, West Virginia Constitution, and case law governing redistricting.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, the proposed amendment is hereby numbered “Amendment No. 1" and designated as the “State Redistricting Commission” and the purpose of the proposed amendment is summarized as follows: “To allow citizens to participate directly in the formation of congressional and legislative districts by creating a nonpartisan citizen commission which will hold public hearings around the state and present redistricting legislation to the Legislature.”
NOTE: The purpose of this resolution is to propose an amendment to the State Constitution that would allow citizens to participate directly in the formation of legislative districts by creating a nonpartisan citizen commission which will hold public hearings around the state and present redistricting legislation to the Legislature.
Strike-throughs indicate language that would be stricken from a heading or the present Constitution and underscoring indicates new language that would be added.