FAQ “Single-Member Districts” One Person, One Vote in the West Virginia Legislature • What is legislative redistricting? Redistricting is the process in which the boundaries of elective districts are redrawn every ten years, based on the results of the U. S. Census, so equal representation on the basis of population can be maintained. The process conforms with the “one person, one vote” criteria mandated by the equal protection guarantee of the 14th Amendment to the U. S. Constitution • Why does the Legislature only redistrict their membership every ten years? The state Constitution mandates legislative redistricting “after every census.” The U. S. Census is undertaken every ten years. • What is meant by “one person, one vote”? In the 1964 case of Reynolds v. Sims, the U. S. Supreme Court determined the general basis for redistricting should be “one person, one vote.” That means that each member of a state legislature must represent approximately the same number of people. Originally described as “one man, one vote” the description was updated in the 1980’s to “one person, one vote” to reflect political correctness. • What is a “Single-Member District”? A single-member district has only one legislative member selected from each designated electoral district. • Does West Virginia have any Single-Member Districts? Yes, the state currently has 36 single-member districts in the House of Delegates. However, 22 House districts continue to be represented by multiple members. West Virginia is only one of ten states that still use multi-member districts. Clearly the state is out of touch with the rest of the country. 1 • What is the process for redistricting the West Virginia House of Delegates? The Legislature must enact legislation to modify districts by January 1, 2012. In the months leading up to the special session, a committee of legislators will be appointed by the legislative leadership and charged with developing a preliminary redistricting bill to be presented to the Legislature when the special session convenes in probably October or November. During these months, legislators will listen to input from citizens before making their decision. A bill will ultimately be passed by both the State Senate and the House of Delegates and then forwarded to the Governor for his signature. When the process is complete, new legislative districts will be established in time for the 2012 election. • By what authority does the Legislature act on redistricting? Article VI, Section 7 of the West Virginia Constitution states: 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. • What is the current situation in the West Virginia House of Delegates regarding districts? The 100 members of the House of Delegates are divided into 58 districts that are constituted as follows: o o o o o o 36 districts have one member 11 districts have two members Six districts have three members Three districts have four members One district has five members One district has seven members 2 Two extreme examples involve Mason and Kanawha Counties. Mason County hasn’t had a delegate in 20 years that resides in the county, due to sharing a district with more populous Putnam County. In the 30th District in Kanawha County, which is the largest multi-member district in the nation as a percentage of population, all seven delegates live in Charleston and South Charleston, leaving the remainder of the district, which is mostly rural, without local representation. • How does West Virginia compare with other states? Not well… West Virginia is one of just ten states that still uses multi-member districts and just one of three states that has delegate districts with more than two members. Furthermore, the Mountain State is one of only two states that has more than three members in a district. • What can a person or group do to make their support of single-member districts known? As soon as possible, contact your local legislator and let them know you are supportive of single-member districts so WV will be in compliance with the “one person, one vote” mandate guaranteed by the 14th Amendment to the U. S. Constitution. If you are unsure of how to reach your legislator, contact the WV Legislature at 877-565-3447 or search its website at www.legis.state.wv.us. 3
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