(a) There is hereby
created the Independent Redistricting Commission, which shall be appointed in
accordance with the procedures set forth in this section to study population
trends and present proposed redistricting mappings, designed to reflect fair
reapportionment and redistricting in conformity with constitutional principles,
especially that which requires equality of population to the greatest extent
practicable. Commission members shall be knowledgeable and possess expertise
relative to constitutional and legal requirements and considerations which bear
on the issue of fair reapportionment and redistricting.
(b) By February 28 of
each year that ends in one, an Independent Redistricting Commission shall be
established to provide for proposed redistricting of congressional and state
legislative districts. The Independent Redistricting Commission shall consist
of five members. No more than two members of the Independent Redistricting Commission
shall be members of the same political party. No more than two members shall
reside in the same county. Each member shall be a registered West Virginia
voter who has been continuously registered with the same political party or
registered as unaffiliated with a political party for three or more years
immediately preceding appointment, who is committed to applying the provisions
of this section in an honest, independent and impartial fashion and to
upholding public confidence in the integrity of the redistricting process.
Within the three years previous to appointment, members shall not have been
appointed to, elected to, or a candidate for any other public office and shall
not have served as an officer of a political party, a registered paid lobbyist,
an officer of a candidate's campaign committee, or an officer of a political
action committee.
(c) The State Election
Commission shall nominate candidates for appointment to the Independent Redistricting
Commission.
(d) By January 8 of
years ending in one, the State Election Commission shall establish a pool of
persons who are willing to serve on and are qualified for appointment to the Independent
Redistricting Commission. The pool of candidates shall consist of twenty-five
nominees, with ten nominees from each of the two largest political parties in
West Virginia based on party registration, and five who are not registered with
either of the two largest political parties in West Virginia.
(e) Appointments to the Independent
Redistricting Commission shall be made in the
order set forth below. No later than January 31 of years ending in one, the Speaker
of the House of Delegates shall make one appointment to the Independent Redistricting
Commission from the pool of nominees, followed by one appointment from the pool
made in turn by each of the following: The minority party leader of the House
of Delegates, the President of the Senate and the minority party leader of the
Senate. Each official shall have a seven-day period in which to make an
appointment. Any official who fails to make an appointment within the
specified time period will forfeit the appointment privilege. In the event
that there are two or more minority parties within the House of Delegates or
the Senate, the leader of the largest minority party by statewide party
registration shall make the appointment.
(f) Any vacancy in the
above four Independent Redistricting Commission positions remaining as of March
1 of a year ending in one shall be filled from the pool of nominees by the
State Election Commission or its designee. The appointing body shall strive
for political balance and fairness.
(g) At a meeting called
by the Secretary of State by April 1 in each year that ends in one, the four Independent
Redistricting Commission members shall meet and conduct an organizational
meeting, which will constitute the commencement of their official duties, and
at which the commission will select by majority vote from the nomination pool a
fifth member who shall not be registered with any party already represented on
the Independent Redistricting Commission and who shall serve as chair. If the four commissioners fail
to appoint a fifth member within fifteen days, the State Election Commission or
its designee, striving for political balance and fairness, shall appoint a
fifth member from the nomination pool who shall not be registered with any
party already represented on the Independent Redistricting Commission and who
shall serve as chair.
(h) The five
commissioners shall then select by majority vote one of their members to serve
as vice-chair.
(i) After having been
served written notice and provided with an opportunity for a response, a member
of the Independent Redistricting Commission may be removed by the Governor,
with the concurrence of two thirds of the Senate, for substantial neglect of
duty, gross misconduct in office, or inability to discharge the duties of
office.
(j) If a commissioner or
chairperson does not complete the term of office for any reason, the State
Election Commission or its designee shall nominate a pool of three candidates
within the first thirty days after the vacancy occurs. The nominees shall be of
the same political party or status as was the member who vacated the office at
the time of his or her appointment, and the appointment other than the chair
shall be made by the current holder of the office designated to make the
original appointment. The appointment of a new chair shall be made by the
remaining commissioners. If the appointment of a replacement commissioner or
chair is not made within fourteen days following the
presentation of the nominees, the State Election Commission or its designee
shall make the appointment, striving for political balance and fairness. The
newly appointed commissioner shall serve out the remainder of the original
term.
(k) Three commissioners,
including the chair or vice-chair, constitute a quorum. Three or more affirmative
votes are required for any official action. Where a quorum is present, the Independent
Redistricting Commission shall conduct business in meetings open to the public,
with forty-eight or more hours of public notice provided.
(l) A commissioner,
during the commissioner's term of office and for three years thereafter, shall
be ineligible for public office or for registration as a paid lobbyist.
(m) The Independent Redistricting
Commission shall plan and propose congressional and legislative districts. The
commencement of the proposed mapping process for both the congressional and
legislative districts shall be the creation of districts of equal population in
a grid-like pattern across the state. Adjustments to the grid shall then be
made as necessary to accommodate the goals as set forth below:
(1) Districts shall
comply with the United States Constitution and the United States Voting Rights
Act;
(2) Congressional districts shall have equal
population to the extent practicable, and state legislative districts shall
have equal population to the extent practicable;
(3) Districts shall be
geographically compact and contiguous to the extent practicable;
(4) To the extent
practicable, district lines shall use visible geographic features, city, town
and county boundaries, and undivided census tracts; and
(5) To the extent
practicable, competitive districts should be favored where to do so would
create no significant detriment to the other goals.
(n) Party registration
and voting history data shall be excluded from the initial phase of the mapping
process but may be used to test maps for compliance with the above goals. The
places of residence of incumbents or candidates shall not be identified or
considered.
(o) The Independent Redistricting
Commission shall advertise a proposed draft map of congressional districts and
a proposed draft map of legislative districts to the public for comment, which
comment shall be taken for at least thirty days. During the public comment
period, the commission shall hold three public hearings in geographically
distinct areas of the state to present the plan and hear public comments. Any
member of either body of the Legislature may, within the public comment period,
make inquiry of the Independent Redistricting Commission concerning its methodology or proposed
redistrict mapping, which inquiry shall be fully addressed by the Independent Redistricting
Commission. After conclusion of the public comment period:
(1) The Independent Redistricting
Commission shall then make and publish its first proposal for district
boundaries and recommend the plan to the Legislature, which shall vote, during
an extraordinary session called by the Governor, upon it after an explanation
of the proposal on the floors of the House of Delegates and Senate. No
amendments to the first proposal shall be in order in either the House or the
Senate. The Senate and House of Delegates shall take a separate vote on the
plans for the congressional allocation, the House of Delegates allocation, and
the Senate allocation. If any plans pass, they shall be presented to the
Governor for his or her signature in the same manner as all pieces of
legislation adopted by the Legislature.
(2) If any of the first
proposal plans fail to obtain approval of the Senate, the House of Delegates
and the Governor, then the Independent Redistricting Commission shall meet and
confer in order to propose a second proposal to the Legislature. The second
proposal shall follow the same proposed draft plan and public comment requirements
contained in this subsection. The Independent Redistricting Commission shall
then make and publish its second proposal for district boundaries that were not
approved by the Legislature in the first proposal. The Legislature shall vote,
during an extraordinary session called by the Governor, upon the second
proposal after an explanation of the proposal on the floors of the House of
Delegates and Senate. No amendments to the second proposal shall be in order
in either the House or the Senate. The Senate and House of Delegates shall
take a separate vote on any plans not approved in the first proposal. If any
plans pass, they shall be presented to the Governor for his or her signature in
the same manner as all pieces of legislation adopted by the Legislature.
(3) If any of the second
proposal plans fail to obtain approval of the Senate, the House of Delegates
and the Governor, then the Independent Redistricting Commission shall meet and
confer in order to propose a third proposal to the Legislature. The third
proposal shall follow the same proposed draft plan and public comment
requirements contained in this subsection. The Independent Redistricting Commission
shall then make and publish its third proposal for district boundaries that
were not approved by the Legislature in the first proposal. The Legislature
shall vote, during an extraordinary session called by the Governor, upon the
third proposal after an explanation of the proposal on the floors of the House
of Delegates and Senate. The members of the House of Delegates and Senate may
vote to amend the third proposal. The Senate and House of Delegates shall take
a separate vote on any plans not approved in the first or second proposal. If
any plans pass, they shall be presented to the Governor for his or her
signature in the same manner as all pieces of legislation adopted by the
Legislature.
(4) If any of the third
proposal plans fail to obtain approval of the Senate, the House of Delegates
and the Governor, then the first, second and third proposal plans that were not
adopted shall be presented to the Supreme Court of Appeals. The Supreme Court
of Appeals shall choose, by majority vote, between the three proposals from the
Independent Redistricting Commission without any possibility of amending any of
the three plans or incorporating any amendments that were proposed in the
Senate or House of Delegates on the third proposal. The selection of the
Supreme Court of Appeals shall be final, subject to judicial review, and the
Legislature may not make any amendment to the final adopted plan until the Independent
Redistricting Commission proposes new plans during the next year that ends in
one.
(p) The provisions
regarding this section are self-executing. The Independent Redistricting Commission
shall certify to the Secretary of State that its proposals for district
boundaries of congressional and legislative districts are in accordance with
those constitutional and legal requirements and considerations as provided in
this section.
(q) Each member of the Independent
Redistricting Commission shall be reimbursed for all reasonable and necessary
expenses incurred in the performance of his or her duties as a member of the
commission and shall receive a per diem allowance equivalent to the per diem
received by members of the Legislature for each full work day actually engaged
in the performance of his or her duties as required by this section. Members
shall keep expense vouchers and time sheets demonstrating dates and times in
which they are engaged fulfilling required obligations as well as a description
of the specific activity in which they are engaged. Seven hours of related
work and activity shall constitute payment for one day. Payment based on less
than seven hours shall be prorated in an appropriate proportionate manner. The
Legislature shall make the necessary appropriations by a majority vote to fund
the activities of the Independent Redistricting Commission.
(r) The Independent Redistricting
Commission, with fiscal oversight from the Department of Administration, shall
have procurement and contracting authority and may hire staff and consultants
in order to accomplish the purposes of this
section.
(s) No elected or
appointed office holder, lobbyist, official of a political party, or other
person affiliated with an elected or appointed office holder, lobbyist or
official of a political party, may influence or attempt to influence the
district-mapping proposals of the Independent Redistricting Commission.
(t) Each commissioner's
duties established by this section expire upon the completion of
redistricting. The Independent Redistricting Commission may not meet or incur
expenses after the proposed redistricting plan is completed, except if
litigation or government approval of the plan is pending, or to revise
districts if required by court decisions or if the number of congressional or
legislative districts is changed.
NOTE: The purpose of this bill is
to provide for an Independent Redistricting Commission to propose redistricting
plans during census years. The commission consists of five members who are
initially nominated by the State Election Commission. The actual appointments
are made by the leaders of both houses of the Legislature and by the first four
commission members selected. The commission’s main task is to propose plans to
the Legislature based on constitutional and legal requirements and
considerations and which is removed from stark political aspirations or
concerns. The bill provides that commission members receive remuneration and
reimbursement of expenses associated with their work. The bill also requires
that the commission publish their proposal to the public at large, fully
address any legislator’s questions before issuing a final draft proposal and
submitting the plan to the full body of the Legislature for its action. The
bill allows for multiple plans, if the Legislature or Governor reject a plan.
The bill gives the Supreme Court of Appeals the final decision if the
Legislature and Governor cannot agree on three potential plans.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
WEST virginia Legislature