WEST virginia Legislature
2017 regular session
By
[
Referred to the Committee on the
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 Apportionment Commission; designating for appointment, terms of office, duties of and eligibility
for commissioners; establishing process for commission to develop plans;
providing that State Apportionment Commission must submit redistricting plans
to each house; providing that each house may reject its plan by a two-thirds
vote of the members elected; 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
ARTICLE
IV.
§13.
State Apportionment Commission.
No later than thirty
days from the time the census data is available from the United States
Government, or if a reapportionment is required by court order, an
Apportionment Commission shall be constituted.
The commission shall consist 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, who shall serve 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.
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. The term of each member of
the commission expires upon submission of the commission’s proposed
apportionment legislation to the Legislature.
The commission shall
apportion 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.
Prior to submission of
the bill by the commission, the commission shall hold no less than a total of
five public hearings, with one hearing being held in various regions of the
state. The bill submitted to the
Legislature by the commission shall conform to the United States Constitution,
West Virginia Constitution, and case law governing redistricting.
No later than ninety
days from the time the census data is available from the United States, the
arrangement of senatorial and delegate districts shall be presented to the
Legislature in a bill 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.
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 Apportionment
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 a redistricting bill 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 a redistricting bill 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.