WEST virginia legislature

2021 regular session

Introduced

House Joint Resolution 27

By Delegates Doyle, Evans, Fleischauer, Zukoff, Young, Garcia, Williams, Griffith, Thompson, Hornbuckle and Bates

[Introduced March 9, 2021; Referred
to the Committee on Political Subdivisions then 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 Redistricting Commission; 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 2022, which proposed amendment is that article IV thereof, be amended by adding thereto a new section, designated section thirteen, to read as follows:

ARTICLE IV.

§13. State Redistricting Commission.

(a) Notwithstanding any provision of this Constitution to the contrary, on and after the enactment of this section, a Redistricting Commission established in this section has the exclusive authority to establish and apportion congressional districts pursuant to section four, article I of this Constitution and to establish and apportion senatorial and delegate districts pursuant to section ten, article VI of this Constitution, in accordance with the provisions of this section.

(b) No later than July 1, 2025, and on March 1, 2030 and every 10 years after that, or when a reapportionment is required by court order, a Redistricting Commission shall be constituted. The Redistricting Commission shall consist of not less than nine members who shall be residents of the state. No more than one member may be a resident from the same county.

(c) The Legislature shall prescribe by general law the membership, powers, duties and responsibilities of the Redistricting Commission.

Resolved further, That in accordance with the provisions of §3-11-1 et seq. of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “State Redistricting Commission Amendment” 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 adopt congressional and legislative redistricting plans.”

NOTE: The purpose of this resolution is to propose an amendment to the State Constitution that would create a nonpartisan citizen redistricting commission with the exclusive authority to adopt congressional and legislative redistricting plans for the state.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.