SENATE JOINT RESOLUTION NO. 5

(By Senator Sprouse and Minear)

(Introduced February 19, 1997; referred to the

Committee on the Judiciary.)


Proposing an amendment to the Constitution of the State of West Virginia, amending section ten, article six thereof, relating to the Legislature; arrangement of senatorial and delegate districts; creating an independent commission; 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 the year one thousand nine hundred ninety-eight, which proposed amendment is that section ten, article six thereof be amended to read as follows:
ARTICLE VI. LEGISLATURE.
§10. Arrangement of senatorial and delegate districts.

The arrangement of the senatorial and delegate districts, and apportionment of delegates, shall hereafter be declared by law, as soon as possible after each succeeding census, taken by authority of the United States. When so declared they shall apply to the first general election for members of the Legislature, to be thereafter held, and shall continue in force unchanged, until such districts shall be altered, and delegates apportioned, under the succeeding census: Provided, That there shall be an independent commission composed of nine members to be appointed by the governor, three of whom shall be democrats, three of whom shall be republicans and three of whom shall be independents, whose responsibility shall be to determine the arrangement of the senatorial and delegate districts, and apportionment of delegates, as soon as possible after each succeeding census, taken by authority of the United States. The independent commission shall comply with the "one man -- one vote" principle and with the Voting Rights Act of 1965. The independent commission shall create compact, contiguous districts that maintain as many county and municipal districts as possible. The independent commission may not use any political data such as the addresses of incumbents or the breakdown of registered voters along party lines in determining the arrangement of senatorial and delegate districts. The independent commission shall submit the proposed redistricting plans and maps of the arrangement of senatorial and delegate districts, along with congressional districts to the Legislature, which shall accept or reject the plans and maps, without amendment. If the plans and maps of the independent commission are rejected, the independent commission shall submit a second set of plans and maps. If the Legislature rejects the second set of plans and maps, the independent commission shall submit a third set of plans and maps, which the Legislature may amend.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Redistricting by Independent Commission Amendment" and the purpose of the proposed amendment is summarized as follows: "To provide for the arrangement of senatorial and delegate districts following the census by an independent commission of nine members to be appointed by the governor."




NOTE: The purpose of this amendment is to provide for the arrangement of senatorial and delegate districts following the United States Census by an independent commission of nine members appointed by the governor, rather than arranged by the Legislature.

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