Introduced Version
House Bill 2742 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2742
(By Delegates Overington, Sobonya, Raines, Householder,
Frich, Ellington, Butler, Kump and Smith R.)
[Introduced February 26, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §1-2-2a,
relating to
requiring that the Redistricting Office of the Joint Committee
on Government and Finance plan and propose congressional and
legislative districts; providing specific criteria that the
redistricting office must observe in proposing district
mappings; requiring the redistricting office to advertise a
proposed draft map of districts to the public; requiring the
redistricting office to recommend redistricting plan to the
Legislature; requiring the full Legislature to vote on plan
ratification; providing for subsequent submissions of plans
and vote by Legislature; requiring that commission certify to
the Secretary of State that its final proposal for district
boundaries is in accordance with constitutional and legal
requirements; and prohibiting certain persons from influencing
or attempting to influence district mapping proposals of the redistricting office.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §1-2-2a, to read as
follows:
ARTICLE 2. APPORTIONMENT OF REPRESENTATION.
§1-2-2a. Redistricting Office of Joint Committee on Government and
Finance to study and propose fair, balanced and
rational plan to redistrict.
_____(a) Preparation for redistricting. -- The Redistricting Office
of the Joint Committee on Government and Finance shall acquire
appropriate information, review and evaluate available facilities,
and develop programs and procedures in preparation for drawing
congressional and legislative redistricting plans on the basis of
each federal census. Funds shall be expended for the purchase or
lease of equipment and materials only with prior approval of the
Joint Committee on Government and Finance.
_____(b) By December 31 of each year ending in zero, the
Redistricting Office of the Joint Committee on Government and
Finance shall obtain from the United States Bureau of the Census
information regarding geographic and political units in this state
for which federal census population data has been gathered and will
be tabulated. The Redistricting Office of the Joint Committee on Government and Finance shall use the data so obtained to:
_____(1) Prepare necessary descriptions of geographic and political
units for which census data will be reported, and which are
suitable for use as components of legislative districts; and
_____(2) Prepare maps of counties, cities and other geographic
units within the state, which may be used to illustrate the
locations of legislative district boundaries proposed in plans
drawn in accordance with this section.
_____(c) As soon as possible after January 1 of each year ending in
one, the Redistricting Office of the Joint Committee on Government
and Finance shall obtain from the United States Bureau of the
Census the population data needed for legislative districting which
the Census Bureau is required to provide this state under the
United States Census 2000 Public Law 94-171 and will use that data
to assign a population figure based upon certified federal census
data to each geographic or political unit described pursuant to the
provisions of this subsection. Upon completing that task, the
Redistricting Office of the Joint Committee on Government and
Finance shall begin the preparation of congressional and
legislative districting plans as required by this section.
_____(d) Timetable for preparation of plan. --
_____(1) Not later than April 1 of each year ending in one, the
Redistricting Office of the Joint Committee on Government and
Finance shall deliver to the Clerk of the Senate and the Clerk of the House of Delegates identical bills embodying a plan of
legislative and congressional districting prepared in accordance
with this section. It is the intent of this section that the
Legislature shall bring the bill to a vote in either the Senate or
the House of Delegates expeditiously, but not less than three
months after the report of the Redistricting Office of the Joint
Committee on Government and Finance required by this section is
received and made available to the members of the Legislature,
under a procedure or rule permitting no amendments except those of
a purely corrective nature. It is further the intent of this
section that if the bill is approved by the first house in which it
is considered, it shall expeditiously be brought to a vote in the
second house under a similar procedure or rule.
_____(2) If the bill embodying the plan submitted by the
Redistricting Office of the Joint Committee on Government and
Finance fails to be approved by a constitutional majority in either
the Senate or the House of Delegates, the Clerk of the Senate or
the Clerk of the House, as the case may be, shall at once transmit
to the Redistricting Office of the Joint Committee on Government
and Finance information which the Senate or House may direct
regarding reasons why the plan was not approved. The Redistricting
Office of the Joint Committee on Government and Finance shall
prepare a bill embodying a second plan of legislative and
congressional districting prepared in accordance with this section, and taking into account the reasons cited by the Senate or House of
Delegates for its failure to approve the plan insofar as it is
possible to do so within the requirements of this section. If a
second plan is required under this section, the bill embodying it
shall be delivered to the Clerk of the Senate and the Clerk of the
House of Delegates not later than two months after the date of the
vote by which the Senate or the House of Delegates fails to approve
the bill first submitted. It is the intent of this section that,
if it is necessary to submit a bill under this section, the bill be
brought to a vote not less than two months after the bill is
printed and made available to the members of the Legislature, in
the same manner as prescribed for the first bill required under
this section.
_____(3) If the bill embodying the plan submitted by the
Redistricting Office of the Joint Committee on Government and
Finance under subdivision (2) of this section fails to be approved
by a constitutional majority in either the Senate or the House of
Delegates, the same procedure as prescribed by subdivision (2)
shall be followed. If a third plan is required under this section,
the bill embodying it shall be delivered to the Clerk of the Senate
and the Clerk of the House of Delegates not later than two months
after the date of the vote by which the Senate or the House of
Delegates fails to approve the bill submitted under subdivision
(2), but before the beginning of the next regular session of the Legislature. It is the intent of this section that, if it is
necessary to submit a bill under this subsection, the bill be
brought to a vote within the same time period after its delivery to
the Clerk of the Senate and the Clerk of the House of Delegates as
is prescribed for the bill submitted under subdivision (2), but
shall be subject to amendment in the same manner as other bills.
_____(4) Notwithstanding any other provision of this section:
_____(A) If population data from the federal census which is
sufficient to permit preparation of a congressional districting
plan complying with article one, section four of the Constitution
of West Virginia becomes available at an earlier time than the
population data needed to permit preparation of a legislative
districting plan in accordance with this section, the Redistricting
Office of the Joint Committee on Government and Finance shall so
inform the presiding officers of the Senate and House of Delegates.
If the presiding officers so direct, the Redistricting Office of
the Joint Committee on Government and Finance shall prepare a
separate bill establishing congressional districts and submit it
separately from the bill establishing legislative districts. It is
the intent of this section that the Legislature shall proceed to
consider the congressional districting bill in substantially the
manner prescribed by this section.
_____(B) If the population data for legislative districting which
the United States Census Bureau is required to provide this state under United States Census 2000 Public Law 94-171 is not available
to the Redistricting Office of the Joint Committee on Government
and Finance on or before February 1 of the year ending in one, the
dates set forth in this section shall be extended by a number of
days equal to the number of days after February 1 of the year
ending in one that the federal census population data for
legislative districting becomes available.
_____(e) The Redistricting Office of the Joint Committee on
Government and Finance shall plan and propose congressional and
legislative districts. The commencement of the proposed mapping
process for both the congressional and legislative districts shall
be the creation of districts of equal population in a grid-like
pattern across the state. Adjustments to the grid shall then be
made as necessary to accommodate the goals as set forth below:
_____(1) Districts shall comply with the United States Constitution
and the United States Voting Rights Act;
_____(2) Congressional districts shall have equal population to the
extent practicable, and state legislative districts shall have
equal population to the extent practicable;
_____(3) Districts shall be geographically compact and contiguous
to the extent practicable;
_____(4) District boundaries shall respect communities of interest
to the extent practicable;
_____(5) To the extent practicable, district lines shall use visible geographic features, city, town and county boundaries, and
undivided census tracts; and
_____(6) A district may not be drawn for the purpose of favoring a
political party, incumbent Legislator or member of Congress, or
other person or group, or for the purpose of augmenting or diluting
the voting strength of a language or racial minority group. In
establishing districts, no use may be made of any of the following
data:
_____(A) Address of incumbent Legislators or members of Congress;
_____(B) Political affiliations of registered voters;
_____(C) Previous election results; and
_____(D) Demographic information, other than population head
counts, except as required by the Constitution and laws of the
United States.
_____(f) Party registration and voting history data shall be
excluded from the mapping process. The places of residence of
incumbents or candidates shall not be identified or considered.
_____(g) The Redistricting Office of the Joint Committee on
Government and Finance shall advertise a proposed draft map of
congressional districts and a proposed draft map of legislative
districts to the public for comment, which comment shall be taken
for at least thirty days. Any member of either body of the
Legislature may, within this period, make inquiry of the
independent redistricting commission concerning its methodology or proposed redistrict mapping, which inquiry shall be fully addressed
by the independent redistricting commission. The independent
redistricting commission shall then make and publish its final
proposal for district boundaries and recommend the plan to the
Legislature, which shall vote as a full body upon it.
_____(h) The provisions regarding this section are self-executing.
The independent redistricting commission shall certify to the
Secretary of State that its final proposal for district boundaries
of congressional and legislative districts are in accordance with
those constitutional and legal requirements and considerations as
provided in this section.
_____(i) An elected or appointed office holder, lobbyist, official
of a political party, or other person affiliated with an elected or
appointed office holder, lobbyist or official of a political party,
may not influence or attempt to influence the district-mapping
proposals of the Redistricting Office of the Joint Committee on
Government and Finance.
_____(j) The Redistricting Office of the Joint Committee on
Government and Finance may not meet or incur expenses after the
proposed redistricting plan is completed, except if litigation or
government approval of the plan is pending, or to revise districts
if required by court decisions or if the number of congressional or
legislative districts is changed.
NOTE: The purpose of this bill is to provide for the
Redistricting Office of the Joint Committee on Government and
Finance to propose redistricting plans during census years. The
main task of the Redistricting Office is to propose a plan to the
Legislature which is based on constitutional and legal requirements
and considerations. The bill provides specific criteria that the
redistricting office must observe in proposing district mappings.
The bill requires the redistricting office to advertise a proposed
draft map of districts to the public. The bill requires the
redistricting office to recommend redistricting plan to the
Legislature. The bill requires the full Legislature to vote on plan
ratification. The bill provides for subsequent submissions of plans
and vote by Legislature. The bill requires that the commission
certify to the Secretary of State that its final proposal for
district boundaries is in accordance with constitutional and legal
requirements. The bill prohibits certain persons from influencing
or attempting to influence district mapping proposals of the
redistricting office.
This section is new; therefore, it has been completely
underscored.