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Introduced Version - Originating in Committee Senate Bill 163 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 163

(By Senators Wooton, Burnette, Caldwell, Fanning, Kessler, Mitchell, Oliverio, Redd, Ross, Rowe, Snyder, Deem and McKenzie)

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[Originating in the Committee on the Judiciary;

reported January 10, 2002.]

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A BILL to amend and reenact section two-b, article two, chapter one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to precinct boundary changes.

Be it enacted by the Legislature of West Virginia:
That section two-b, article two, chapter one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. APPORTIONMENT OF REPRESENTATION.
§1-2-2b. Precinct boundary changes.

(a) If an election precinct of this state includes territory contained in more than one senatorial or delegate district, as such senatorial districts are established by section one of this article and as such delegate districts are established by section two of this article, it is the duty of the county commission of the county in which the precinct is located shall, prior to the fifteenth day of March, two thousand two, to alter the boundary lines of its election precincts so that no precinct contains territory included in more than one senatorial or delegate district.
(b) Every county commission shall, prior to the fifteenth day of March, two thousand two, alter the boundary lines of its election precincts so that the geographical boundaries of the precincts are consistent with the voting districts geographically defined by the bureau of the census of the United States department of commerce for the taking of the two thousand census of population and described on census maps prepared by the bureau of the census. The maps are, at the time of the reenactment of this section in the year two thousand one, maintained by the bureau of the census and filed with the joint committee on government and finance. A voting district may contain more than one election precinct if:
(1) The geographical boundaries of the election precincts when combined are identical to the geographical boundaries of the voting district; and
(2) The election precinct lines are established so that no precinct contains territory included in more than one senatorial district or in more than one delegate district, consistent with subsection (a) of this section.
(c) The joint committee on government and finance may provide assistance to county commissions in altering the boundary lines in compliance with this section. The joint committee may further assist county commissions in drawing other county boundaries and magisterial districts, if requested by the county commission.
(d) The provisions of this section govern and control notwithstanding any conflicting provision of section seven, article one, chapter three of this code.
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(NOTE: The purpose of this bill is to delete from the redistricting bill the requirements that voting precinct boundaries be altered to reflect the boundaries of voting districts established by the Bureau of the Census. The census voting districts do not correspond to the existing precinct boundaries and may conflict with the requirements of W.Va. §3-1-5 regarding the minimum and maximum population of each precinct and a centralized voting place location.

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