WEST virginia Legislature

2016 regular session

Introduced

House Joint Resolution 46

By Delegate Moffatt

[Introduced ; Referred
to the Committee on the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof, by adding thereto a new section, designated section fifty-seven, relating to appointing a five member independent commission to submit plans to the West Virginia Legislature on how to redistrict the state into one hundred separate delegate districts; the numbering and designating such 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 2016, which proposed amendment is that article VI thereof be amended by adding thereto a new section, designated section fifty-seven, to read as follows:

ARTICLE VI.  The Legislature.

§57.  Temporary Redistricting Commission.

A five member Temporary Redistricting Commission is hereby established and shall meet as prescribed in this section. Four of the commission members are to be selected by the respective Majority and Minority Leaders of the Senate and the House of Delegates convening in each year as prescribed in this section. Within thirty days after the four appointments have been made, the four commission members shall select, by a vote of at least three members, the fifth commission member who shall also serve as chairperson. A commission member must be an eligible voter of this state but may not hold a partisan political office or political party office or be related to or employed by a member of the United States Congress or the Legislature or be employed by the Congress or Legislature itself.

For the general election held in 2018, the commission shall meet no later than February 15, 2017, and shall use the population data available in the 2010 census. The commission members shall be appointed no later than January 1, 2017. The commission shall submit a plan to the Legislature on how to effectively and democratically redistrict the state into one hundred separate delegate districts by December 31, 2017.

For the general election held in 2022, the commission shall meet no later than February 15, 2021 and shall use the population data available in the 2020 census. The commission members shall be appointed no later than January 1, 2021. The commission shall submit a plan to the Legislature on how to effectively and democratically redistrict the state into one hundred separate delegate districts by December 31, 2021.

Thereafter, the commission shall: (1) Meet by February 15 of each year ending in one; (2) be appointed in each year ending in zero; and (3) submit a plan, based on the most recent census data, to the Legislature on how to effectively and democratically redistrict the state into one hundred separate delegate districts by December 31 of each year ending in one.

The commission may conduct public hearings and before submitting its plan to the Legislature. The commission may provide direction to the Legislature as to how to resolve certain redistricting questions that are not clearly answered by the West Virginia Code or applicable Constitutional mandates, upon written request by the Legislature. The commission has the authority to establish guidelines governing the release of information by the Legislature about a particular redistricting plan prior to its formal release to the Senate and House of Delegates. Once the redistricting plan is released to the Legislature, the commission is required to schedule and conduct at least three public hearings in different geographic regions of the state and to issue a report to the Legislature summarizing the information and testimony received.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Redistricting Amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to appoint a five member independent commission to submit plans to the West Virginia Legislature on how to redistrict the state into one hundred separate delegate districts.”

NOTE: The purpose of this bill is to appoint a five member independent commission to submit plans to the West Virginia Legislature on .how to effectively and democratically redistrict the state into one hundred separate delegate districts.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.