HOUSE JOINT RESOLUTION NO. 4
(By Delegate Kump)
[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 7, article VI thereof, relating to
creating a legislative districting and apportionment
commission for the apportionment of the Senate and House of
Delegates after census; 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 2014, which proposed amendment is that section 7, article
VI thereof be amended, to read as follows:
ARTICLE VI. THE LEGISLATURE.
§7. After census, delegate apportionment; creation of legislative
__________districting and apportionment commission.
After every census the delegates shall be apportioned as
follows: The ratio of representation for the House of Delegates
shall be ascertained by dividing the whole population of the state
by the number of which the House is to consist and rejecting the
fraction of a unit, if any, resulting from such division. Dividing
the population of every delegate district, and of every county not
included in a delegate district, by the ratio thus ascertained,
there shall be assigned to each a number of delegates equal to the
quotient obtained by this division, excluding the fractional
remainder. The additional delegates necessary to make up the
number of which the House is to consist, shall then be assigned to
those delegate districts, and counties not included in a delegate
district, which would otherwise have the largest fractions
unrepresented; but every delegate district and county not included
in a delegate district, shall be entitled to at least one delegate.
(a) In the year following each decennial census of the United
States or when required by the United States or by court order, a
legislative districting and apportionment commission shall be
_____(1) To divide the state into consecutively numbered
legislative districts that conform to the requirements of this
_____(2) To divide the state to create as many congressional
districts as there are representatives in congress apportioned to
_____(b) Legislative districts shall be established in accordance
with the Constitution of the United States of America and the
Constitution of West Virginia and shall be as nearly equal in
population as practical, but may not deviate more than one percent
in population between districts.
_____(c) The legislative districting and apportionment commission
shall be composed of seven members. A member of the commission:
_____(1) Shall be a registered voter in this state for at least
three years preceding appointment to the commission;
_____(2) Shall affirm that the member is committed to applying the
provisions of this section in an honest, independent and impartial
manner and to upholding public confidence in the integrity of the
redistricting process; and
_____(3) During the three years immediately preceding appointment
to the commission may not have been appointed to, elected to, or a
candidate for any other public office or served as an officer in a
political party; and may not have served as a registered lobbyist
or as an officer of a campaign finance entity.
_____(d) On or before January 1 in the year following a decennial
census, the Supreme Court of Appeals shall nominate a pool of
thirty candidates who are willing to serve and who meet the qualifications for service on the commission. The pool of
candidates shall consist of:
_____(1) Ten candidates from the majority party;
_____(2) Ten candidates from the principal minority party; and
_____(3) Ten candidates who are not registered with any political
party or who are from a political party other than the majority
party or the principal minority party.
_____(e) On or before February 1 in the year following a decennial
census, or within fifteen days after legislative apportionment or
congressional districting is required by law or by court order,
from the pool of candidates established by the Supreme Court of
_____(1) The President of the Senate shall make one appointment;
_____(2) The Minority Leader of the Senate shall make one
_____(3) The Speaker of the House of Delegates shall make one
_____(4) The Minority Leader of the House of Delegates shall make
_____(f)(1) Following the appointment of the four members specified
under subsection (g) of this section, the Secretary of State shall
convene a meeting of those four appointees who then by majority
vote shall select from the pool of candidates established by the
Supreme Court of Appeals three additional members of the commission. The three additional members may not result in the
commission having more than two members who are affiliated with the
same political party or who are not affiliated with any political
party. Once it is fully constituted, the commission, by majority
vote, shall elect its chair from among its members. The commission
shall establish rules and procedures to govern its operations.
_____(2) Any official act of the commission shall require at least
four affirmative votes. Any meeting and any record of the
commission shall be subject to applicable state law governing open
meetings and access to public information.
_____(g) On notice and after an opportunity for a hearing, a member
of the commission may be removed by the Governor, on advice and
consent of two thirds of the Senate, for substantial neglect of
duty, gross misconduct, or inability to discharge the duties of the
_____(h) If for any reason a member does not complete the term of
office, within thirty days after the vacancy, the Supreme Court of
Appeals shall nominate a pool of three candidates from which the
appointing authority who made the original appointment shall select
a new member to fill the vacancy.
_____(i) Within one hundred eighty days after the commission is
certified to the Secretary of State, the commission shall file with
the Secretary of State its final report, including all required
redistricting plans. Within fifteen days after the final report of the commission is filed with the Secretary of State, the Attorney
General shall petition the Supreme Court of Appeals to review and
determine the validity of the apportionment plans. After the
Supreme Court of Appeals determines that the required plans are
valid, the commission shall be dissolved. If the commission does
not file its final report in a timely manner, including all
required plans, with the Secretary of State:
_____(1) The commission shall be dissolved;
_____(2) The Attorney General shall, within five days, petition the
Supreme Court of Appeals to make the apportionment; and
_____(3) No later than the sixtieth day after the filing of the
petition, the Supreme Court of Appeals shall file with the
Secretary of State an order making the apportionment.
_____(j)(1) A judgment of the Supreme Court of Appeals determining
the apportionment to be valid or ordering judicial apportionment
shall be binding on all citizens of the state.
_____(2) If the Supreme Court of Appeals determines that the
apportionment made by the commission is invalid, the commission,
within twenty days after the ruling, shall adopt and file with the
Secretary of State an amended plan that conforms to the judgment of
the Supreme Court of Appeals.
_____(k) Within five days after the filing of an amended plan, the
Attorney General shall petition the Supreme Court of Appeals to
determine the validity of the amended plan; or if the commission has failed to file an amended plan, the Attorney General shall
report that fact to the Supreme Court of Appeals.
_____(l) If the commission fails to file an amended plan or if the
Supreme Court of Appeals determines that the amended plan is
invalid: (1) The commission shall be dissolved; and (2) the Supreme
Court of Appeals shall, not later than sixty days after receiving
the petition of the Attorney General, file with the Secretary of
State an order making the apportionment.
_____(m) The commission shall have staff and other resources as
provided in the state budget.
_____Resolved further, That in accordance with provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Legislature Reapportionment
Amendment" and the purpose of the proposed amendment is summarized
as follows: "To amend the State Constitution to create a
legislative districting and apportionment commission for the
purpose of determining the numbers of the members of the House of
Delegates and the Senate following every census."
NOTE: The purpose of this resolution is to amend the State
Constitution to create a legislative districting and apportionment
commission for the purpose of determining the numbers of the
members of the House of Delegates and the Senate following every
census. The resolution sets forth how members of the commission
are to be chosen and their duties. The resolution also sets forth
responsibilities of certain elected offices.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.