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.