Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                Introduced House Bill 4648
               By Delegate Pushkin [Introduced January 12, 2024; Referred to the Committee on the Judiciary then Finance]
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  A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
         designated §1-2-2a, relating to creating the Independent Redistricting Commission of the
         Joint Committee on   Government and Finance;    establishing the Redistricting
         Commission’s purpose and composition; providing qualifications and appointment
         procedure for commission members; establishing a process for filling commission
         vacancies; establishing that commission members are not to receive compensation;
         providing for approved reimbursement of commission member expenses; providing for
         payment of necessary equipment and materials; requiring the commission to acquire
         appropriate information; requiring the commission to develop programs and procedures to
        draw congressional and legislative redistricting plans on the basis of the federal census; to
        prepare congressional and legislative redistricting; requiring the commission plan and
        propose congressional and legislative districts; providing specific criteria that the
        redistricting office must observe in proposing district mappings; requiring the redistricting
        office to advertise a proposed draft map of districts to the public; requiring a period for
        public comment on the proposed redistricting plan; providing for members of the
        Legislature to make inquiries about the commission’s methodology or proposed redistrict
        mapping; requiring the commission to publish a report and final proposals for district
        boundaries; requiring a recommended redistricting plan to the Legislature including
        identical bills for consideration by the House and Senate; requiring the full Legislature to
        vote on plan ratification; providing for subsequent submissions of plans and vote by
        Legislature; requiring that commission certify to the Secretary of State that its final
        proposal for district boundaries is in accordance with Constitutional and legal
        requirements; and prohibiting certain persons from influencing or attempting to influence
        district mapping proposals of the redistricting office; and providing for completion of the
        commission's work with certain exceptions.
     Be it enacted by the Legislature of West Virginia:
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     ARTICLE             2.              APPORTIONMENT                  OF         REPRESENTATION.
     §1-2-2a. Independent Redistricting Commission of the Joint Committee on Government and Finance to study and propose fair, balanced, and rational plan to redistrict.
            (a) Purpose. ̶ There is hereby created the Independent Redistricting Commission of the
  Joint Committee on Government and Finance ("Redistricting Commission"), established generally
  to provide a proposed fair, balanced, and rational plan for redistricting of congressional and state
  legislative voting districts for final approval by the Legislature. The Redistricting Commission
  shall, among other duties and tasks noted herein, acquire, review, study, and evaluate appropriate
  information related to establishing and designating voting districts, prepare a report, 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.
           (b) Establishment of the Redistricting Commission. ̶ No later than February 28 of each
 year that ends in one, the Redistricting Commission shall be established by appointment in
 accordance with the procedures set forth in this section to provide for proposed redistricting of
 congressional and state legislative voting districts.
           (c) Composition of the Redistricting Commission. ̶ The Redistricting Commission shall
 consist of six members. Party membership, designated in terms of the state's primary political
 parties, shall be equally represented in the Redistricting Commission. The residence of members
 shall reflect a broad geographic representation of the state with at least one member from each
 congressional district.
           (d) Appointment and Qualifications of Redistricting Commission Members. ̶ The President
 of the Senate, the Speaker of the House of Delegates, and the minority leaders of the Senate and
 the House of Delegates shall each designate one member of the Redistricting Commission. The
 state chair of the two largest political parties, determined by the vote cast for Governor in the last
 gubernatorial election, shall each designate one member of the Redistricting Commission. Any
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 official who fails to make an appointment within the specified time shall forfeit the appointment
 privilege. If 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.
         (1) At the time of their selection each member shall be a registered West Virginia voter
 who has been continuously registered with the same political party, or unaffiliated, for three or
 more years immediately preceding their appointment.
         (2) No person may serve on the Redistricting Commission who is or has been a registered
 lobbyist, an elected official, or state party officer within five years prior to selection.
         (3) At the time of selection each member shall be knowledgeable and possess expertise
 relative to constitutional and legal requirements and considerations which bear on the issue of fair
 reapportionment and redistricting and be 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.
         (e) Vacancy. ̶ If a commissioner or chairperson does not complete the term of office for
 any reason, the person making the initial appointment in section (d) shall also make the
 replacement appointment.
         (f) Reimbursement of Redistricting Commission Members, Staff.                 ̶ Members of the
 Redistricting Commission may not be compensated for the performance of their duties as a
 member of the Redistricting Commission. However, each member of the 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 Redistricting Commission. The Joint
 Committee on Government and Finance shall provide any necessary staff for the Redistricting
 Commission.
         (g) Necessary Expenses.         ̶ Funds shall be expended for the purchase or lease of
 necessary equipment and materials only with prior approval of the Joint Committee on
 Government and Finance.
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        (h) Preparation for redistricting. ̶ The Redistricting Commission 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.
        (1) As soon as possible after January 1 of each year ending in one, the Redistricting
 Commission shall obtain from the United States Bureau of the Census the population data needed
 for legislative districting which the Census Bureau is required to provide this state under the United
 States Census 2000 Public Law 94-171 and will use that data to assign a population figure based
 upon certified federal census data to each geographic or political unit described pursuant to the
 provisions of this subsection.
        (2) Upon completing that task, the Redistricting Commission shall begin the preparation of
 congressional and legislative districting plans as required by this section and use the data so
 obtained to:
        (A) Prepare necessary descriptions of geographic and political units for which census data
 will be reported, and which are suitable for use as components of legislative districts; and
        (B) Prepare maps of counties, cities, and other geographic units within the state, which
 may be used to illustrate the locations of legislative district boundaries proposed in plans drawn in
 accordance with this section.
        (3) If population data from the federal census which is sufficient to permit preparation of a
 congressional districting plan complying with article one, section four of the Constitution of West
 Virginia becomes available at an earlier time than the population data needed to permit
 preparation of a legislative districting plan in accordance with this section, the Redistricting
 Commission shall so inform the presiding officers of the Senate and House of Delegates.
        (4) If the population data for legislative districting which the United States Census Bureau
 is required to provide this state under United States Census 2000 Public Law 94-171 is not
 available to the Redistricting Office of the Joint Committee on Government and Finance on or
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  before February 1 of the year ending in one, the dates set forth in this section shall be extended by
  a number of days equal to the number of days after February 1, of the year ending in one, that the
  federal census population data for legislative districting becomes available.
         (i) Factors to be Considered in the Mapping Process. ̶ The Redistricting Commission shall
  plan and propose congressional and legislative districts, to include the commencement of the
  proposed mapping process for both the congressional and legislative districts. The mapping
  process shall strive to create districts of equal population in a grid-like pattern across the state.
  Adjustments to the redistricting map shall then be made as necessary to accommodate the goals
  set forth below:
         (1) Congressional and legislative districts shall comply with the United States Constitution,
  the United States Voting Rights Act, and to every extent possible, Article six, Sections seven and
  eight of the Constitution of West Virginia.
         (2) Congressional and legislative districts shall have equal population to the extent
  practicable.
         (3) Congressional and legislative 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.
         (5) To the extent practicable, competitive districts should be favored where to do so would
  create no significant detriment to the other goals.
         (6) 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.
         (7) The geographic integrity of any city, county, and local neighborhood, or local community
 of interest shall be respected in a manner that minimizes their division to the extent possible
 without violating the requirements of any of the preceding subdivisions.
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         (8) To the extent practicable, and where this does not conflict with the criteria above,
 districts shall be drawn to encourage geographical compactness such that nearby areas of
 population are not bypassed for more distant population.
         (9) To the extent practicable, competitive districts should be favored where to do so would
 create no significant detriment to the other goals.
         (10) Districts may not be drawn for favoring or discriminating against an incumbent,
 political candidate, or political party.
         (11) To the maximum extent possible, the plan shall avoid drawing districts that are oddly
 shaped.
         (12) Division of counties shall be avoided whenever possible. If a county must be divided,
 the number of such divisions, per county, shall be kept to a minimum.
         (13) To the extent that counties must be divided to create districts, such districts shall be
 composed of contiguous counties.
         (14) District boundaries shall respect communities of interest to the extent practicable;
         (15) To the extent practicable, district lines shall use visible geographic features, city, town,
 and county boundaries, and undivided census tracts; and
         (16) A district may not be drawn to favor 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.
         (17) 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.
         (18) Party registration and voting history data shall be excluded from the mapping process.
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 The places of residence of incumbents or candidates may not be identified or considered.
         (19) An 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 not influence or attempt to influence the district-mapping proposals of the Redistricting
 Commission.
         (20) When a legislative district contains more than one county or a portion of a county, the
 counties or portion of a county in the district shall be directly connected by roads and highways
 which are designated as part of the interstate highway system, the United States highway system,
 or the state highway system.
         (21) When the Redistricting Commission determines, by an affirmative vote of at least five
 members recorded in its minutes, that it cannot complete its duties for a legislative district by fully
 complying with the provisions of this subsection, this subsection is not appliable to the
 Redistricting Commission or legislative redistricting plan it adopts.
         (j) Advertisement, publication, certification, and submission of the commission report for
 legislative approval. ̶    The Redistricting Commission shall advertise proposed draft maps of
 congressional and legislative districts to the public for comment, to include on-line publication and
 access, which comment period shall be taken for at least 30 days, also including on-line access.
 The Redistricting Commission shall hold a public hearing in each Congressional district at a
 location, or locations, to be determined by the Redistricting Commission.
         (1) Any member of either body of the Legislature may, within this period, make written or
 on-line inquiry of the Redistricting Commission concerning its apportionment methodology or
 proposed redistrict mapping, which inquiry shall be fully addressed by the Redistricting
 Commission.
         (2) Within 20 days after the period for comment, the Redistricting Commission shall certify
 to the Secretary of State that its final proposal for boundaries of congressional and legislative
 districts are in accordance with constitutional and legal requirements and considerations as
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 provided in this section.
         (3) Not later than April 1 of each year ending in one, the Redistricting Commission shall
 make and publish its final proposal for district boundaries, a report to include identical bills
 embodying a plan of legislative and congressional districting prepared in accordance with this
 section, and deliver that plan to the Clerk of the Senate and the Clerk of the House of Delegates
 with recommendation of the plan to the Legislature, which shall vote as a full body upon it.
         (4) The Redistricting Commission may not meet or incur expenses after the proposed
 redistricting plan is completed, unless:
         (A) Litigation or legislative approval of the plan is pending;
         (B) Necessary to revise districts if required by court decisions;
         (C) The number of congressional or legislative districts is changed; or,
         (D) The Redistricting Commission shall prepare a bill in accordance with subsections (k)(2)
 and (k)(3) of this section.
         (5) The provisions regarding this section are self-executing.
         (k) Legislative approval.
         (1) The Legislature shall bring the bill embodying the plan submitted by the Redistricting
 Commission to a vo