HOUSE JOINT RESOLUTION NO. 109
(By Delegate Overington)
[Introduced February 22, 2002; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section ten, article six thereof, relating
to redistricting of legislative and congressional districts;
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 two thousand two, which proposed amendment is that section
ten, article six thereof be amended, to read as follows:
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.
The Legislature shall propose by general law that 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 and the manner in which
this process shall be performed: Provided, That no district may 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.
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 "Modern Redistricting of Legislative and Congressional
Districts Amendment," and the purpose of the proposed amendment is
summarized as follows: "To provide a nonpolitical procedure for
redistricting legislative and congressional districts following the
census."
NOTE: The purpose of this resolution is to propose an
amendment to the state constitution that would provide a
nonpolitical procedure for redistricting legislative and
congressional districts following the census every ten years.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.