Introduced Version
House Joint Resolution 5 History
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Key: Green = existing Code. Red = new code to be enacted
HOUSE JOINT RESOLUTION NO. 5
(By Delegate Lane)
[Introduced February 13, 2013; referred to the Committee on
Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section four, article I thereof and section
ten, article VI thereof, relating to representatives to
Congress, the arrangement of Congressional, Senatorial and
Delegate Districts after census by creating a Citizens'
Redistricting Commission; designating the terms of office and
duties of commissioners; providing that Citizens'
Redistricting Commission must submit redistricting plans to
each house; providing that each house may reject its plan by
a two-thirds vote of the members elected; numbering and
designating the proposed amendment; and providing a summarized
statement of the purpose of such proposed amendments.
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 2014, which proposed amendment is that section four,
article I thereof and section ten, article VI thereof, be amended
and reenacted to read as follows:
ARTICLE I. RELATIONS TO THE U.S. GOVERNMENT.
§4. Representatives to Congress.
For the election of representatives to Congress, the state
shall be divided into districts, corresponding in number with the
representatives to which it may be entitled; which districts shall
be formed of contiguous counties, and be compact. Each district
shall contain, as nearly as may be, an equal number of population,
to be determined according to the rule prescribed in the
Constitution of the United States. No later than ninety days from
the time the census data is available from the United States, the
arrangement of Congressional Districts shall be presented to the
Legislature in a bill submitted for introduction in each house at
the request of the Citizens' Redistricting Commission hereinafter
created. In order to consider any other measure providing for the
arrangement of the Congressional Districts, each house of the
Legislature must consider without amendment and reject by two-
thirds vote of those elected in each house the bill as proposed by
the Citizens' Redistricting Commission. All voting on the floor of
both houses on the question of passage of any general law shall be by yeas and nays to be entered on the journals. Prior to
submission of the bill by the Citizens' Redistricting Commission,
the commission shall hold no less than a total of five public
hearings, with one hearing being held in each of the various
regions of the state. The bill submitted to the Legislature by the
commission shall conform to the United States Constitution, West
Virginia Constitution, and case law governing redistricting. In
drafting the proposed arrangement of Congressional Districts, the
commission may not consider the residency of incumbents.
ARTICLE VI. THE 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.
No later than ninety days from the time the census data is
available from the United States, the arrangement of Senatorial and
Delegate Districts shall be presented to the Legislature in a bill
submitted for introduction in each house at the request of the
Citizens' Redistricting Commission hereinafter created. In order to consider any other measure providing for the arrangement of the
Senatorial and Delegate Districts, each house of the Legislature
must consider without amendment and reject by two-thirds vote of
those elected in each house the bill relating to that house as
proposed by the Citizens' Redistricting Commission. All voting on
the floor of both houses on the question of passage of any general
law shall be by yeas and nays to be entered on the journals. Prior
to submission of the bill by the Citizens' Redistricting
Commission, the commission shall hold no less than a total of five
public hearings, with one hearing being held in each of the various
regions of the state. The bill submitted to the Legislature by the
commission shall conform to the United States Constitution, West
Virginia Constitution, and case law governing redistricting. In
drafting the proposed arrangement of Senatorial and Delegate
Districts, the commission may not consider the residency of
incumbents. In drafting the proposed arrangement of Delegate
Districts, the commission shall arrange for districts containing
one delegate.
____The Citizens' Redistricting Commission is hereby created. It
shall be composed of seven members who have been residents and
registered voters of this state for at least ten years prior to the
date of appointment, to be appointed by the Governor during the
year in which the decennial census is taken, no more than four of
whom shall be members of the same political party. The members shall be broadly representative of the public at large. Members of
the Legislature and officers and employees of the state or of any
county, municipality or other governmental unit of the state are
not eligible for appointment to or to serve as members of the
commission. The term of each member of the commission expires
upon the submission of the commission's proposed bill to the
Legislature. Any member may be reappointed for any number of
terms, and any vacancy shall be filled by the Governor for the
unexpired term. Any member of the commission may be removed by the
Governor prior to the expiration of the member's term for official
misconduct, incompetency or neglect of duty. The Governor shall
designate one member of the commission as chairman. The members of
the commission shall serve without compensation, but shall be
entitled to be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of their duties as members.
For purposes of fulfilling the duties proscribed herein, the
Legislature shall make available to the commission all necessary
information and staff.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such the proposed amendment is hereby numbered
"Amendment No. 1" and designated as the "Citizens' 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 present a redistricting bill to the
Legislature."
NOTE: The purpose of this Resolution is to propose an
amendment to the State Constitution that would allow citizens to
participate directly in the formation of legislative districts by
creating a nonpartisan citizen commission which will hold public
hearings around the state and present a redistricting bill to the
Legislature.
Strike-throughs indicate language that would be stricken from
the present Constitution and underscoring indicates new language
that would be added.