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Redistricting in West Virginia after the 2010 census

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Public Policy Logo-one line.pngin West Virginia

Note: Redistricting takes place every 10 years after completion of the United States Census. The information here pertains to the 2010 redistricting process. For information on more recent redistricting developments, see this article.


Redistricting in West Virginia
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General information
Partisan control:
Democrat
Process:
Legislative authority; Governor can veto
Deadline:
None
Total seats
Congress:
3
State Senate:
34
State House:
100

This article details the timeline of redistricting events in West Virginia following the 2010 census. It also provides contextual information about the redistricting process and census information.

Process

See also: State-by-state redistricting procedures

The West Virginia Constitution provides authority to the Legislature for redistricting and details the process in Sections 4-11 of Article VI. They are called into a special session to form new legislative districts after the Census data is received. The Governor has the authority to veto any plan for any reason.

Redistricting occurs during a special summer session after the county-level Census data is released. The population, per-delegate, of House districts should be approximately 18,500 as of 2010. Senate districts should contain approximately 54,500 residents per senator or 109,000 total. The House and Senate will each form a special committee, with members chosen by the leaders of each chamber. These committees work with the state's Redistricting Office, which provides analysis, maps, and reports for the final Redistricting Bill.[1][2]

Senator Herb Snyder (D) explained, "Basically, it will probably take a week to redistrict. ... Once we have official numbers for the whole state, we break that down further by county. We need to know the population by every square foot of the county; that's where you do the splits, physically putting people on maps to know where concentrations are so you can draw the lines."[1]

House Speaker Rick Thompson said that he expected the redistricting session to begin on August 1, 2011.[3] On July 26, Senate President Earl Ray Tomblin officially called the August 1 special session.[4]

Figure 1: This map shows the West Virginia congressional districts after the 2000 census.

Leadership

State Senate

On April 1, 2011, the West Virginia State Senate launched its Redistricting Task Force. The task force conducted meetings around the state and made recommendations to the full Senate. Half of the Senate's 34 members were members of the task force. The members were as follows:[5]

Democratic PartyDemocrats (14)

Republican PartyRepublicans (3)

House of Delegates

In late May, the House of Delegates announced its redistricting committee. The committee was composed of 30 members and began work on June 15, 2011.[6]

However, statements by Delegate Tiffany Lawrence (D) indicated that the House may already have been crafting maps, prompting criticism for delays in holding public hearings. Others dismissed the criticism, calling the closed door work preparation for the public process.[7][8] According to House Speaker Rick Thompson, the House Committee likely opted for open meetings at the capitol rather than statewide hearings due to the costs involved.[9]

Thompson was also criticized for failing to appoint Republican Minority Leader Tim Armstead to the committee. Armstead suggested that he was excluded because of his vocal support for single-member districts. Democratic Majority Leader and chairman of the committee, Brent Boggs, said "we are not working on an ‘incumbency protection plan,’ as some have indicated,” and that Thompson chose the committee with an eye to geographic diversity.[10]


Democratic PartyDemocrats (14)

Republican PartyRepublicans (10)

Public meeting schedule

The Senate Redistricting Task Force held several informational meetings around the state. Critics charged that the task force was not seeking genuine input on the plans, suggesting that members already had a plan in mind and did not even note public comments.[11] However, task force chairman John Unger defended the meetings, saying that no plans had been formed and public comments were noted. In addition, Unger said that the task force hoped to upload video of the hearings to its website.[12] The schedule of hearings was as follows:[13]



Census results

West Virginia did not lose nor gain congressional seats due to the 2010 Census.[14]

West Virginia received local data

On March 23, 2011 West Virginia received its local 2010 census data. The data guided the state as it redrew congressional, state, and local electoral districts.[15] Overall, the state grew at 2.5%, with six of the seven largest cities in the state losing population. Morgantown in the northeastern part of the state, was the only city that experienced net growth over the past decade, growing a respectable 10.6%. The data also corroborated shifts toward the panhandle and showed a slight increase in racial diversity.[16][17][18]

Population shifts

While West Virginia did not gain or lose any seats in Congress, population shifts within the state could have altered state House and Senate districts. 2009 estimates suggested that Southern West Virginia and the Northern Panhandle had lost population, while the state's Eastern Panhandle had shown marked growth. Since 1990, seven Southern counties had lost a total of 34,320 residents, and the Northern Panhandle had lost 23,675 residents. The Eastern Panhandle, on the other hand, had gained 76,425 residents since 1990.[19]

Legislative Auditor Aaron Allred and West Virginia Wesleyan College professor Robert Rupp confirmed that, according to early Census data, the state's Eastern Panhandle and north-central regions saw the most amount of growth. To that end, Rupp felt the fight over redistricting could have come down to geography, not partisanship.[20] "The amazing thing about redistricting is that this handful of people can virtually do anything they want to as long as the numbers add up," Rupp said, "But I just don't believe that this Democratic majority is that partisan ... but it's been done in other states."[21]

Congressional maps

West Virginia was able to avoid a major overhaul of the state's congressional districts. Only West Virginia's 1st and 2nd Districts had grown over the past decade, with the most dramatic growth occurring in District 2. However, by moving Mason County from District 2 to the shrinking District 3, the imbalance in the state's congressional districts could have been resolved. Moreover, this process would have left the partisan balance of the districts largely unchanged. Historical precedence was established for this method of population balance during the 1991 redistricting when Gilmer County was moved to the 1st District and Nicholas to the 3rd.[22][23]

Senate Majority Leader John Unger (D) said that keeping counties intact may not have been possible without creating unconstitutional population deviations. He criticized the Mason County option as being insufficiently compact and neglecting community interest.[24] Residents from Mason County expressed concern about being moved into the 3rd District, citing a lack of commonality between itself and the southern coalfields.[25] The Congressional map was drafted by the Senate during July in anticipation of the August 1 special session.[26]

Draft map paired Republicans

Under a working plan for West Virginia's Congressional districts, Republican Reps. Shelly Moore Capito and David McKinley were both drawn inside District 1. The plan, split Kanawha County between the 1st and 2nd Districts, shifting Charleston into District 1. This would have moved Capito's residence to the 1st District (represented by McKinley). The proposed change had outraged state Republicans.[27] A draft of the Congressional map can be found here.

"Mason County flip" adopted by committee

The West Virginia State Senate Redistricting Committee recommended what they called the “Mason County flip” for the state’s new congressional districts. The plan would have kept county lines intact by moving Mason County from the 2nd to the 3rd District. The plan was submitted to the committee by a Wheeling resident, Robert Miller. The county-preserving plan was favored over an earlier plan that split Kanawha County and paired Republican Reps. Shelly Moore Capito and David McKinley. Acting Senate President Jeff Kessler (D) predicted that the full Senate would approve the Mason County plan.[28]

Congressional plan approved

On August 5, 2011, the West Virginia State Legislature approved a congressional redistricting plan that shifted Mason County from the 2nd to the 3rd District. The plan passed the Senate 27-4 and the House of Delegates 90-5. The Senate rejected a plan by Senator Herb Snyder (D) that would have shifted six additional counties. The plan now moved to acting-Governor Earl Ray Tomblin (D) for approval.[29] Overall, the final plan involved minimal changes to existing Congressional districts.[30] Acting Governor Earl Ray Tomblin signed the plan on August 18, 2011.[31]

  • The approved congressional map can be found here.

Legislative maps


David "Bugs" Stover, the Circuit Clerk of Wyoming County and president of the West Virginia Association of Circuit Clerks, walked to the State Capitol Complex from Beckley, W.Va. to protest the redistricting maps that were passed by the legislature in August 2011.

The West Virginia panhandle's strong growth resulted in increased representation in the state legislature. The panhandle was expected to pick up two seats in the house and one in the senate. Two panhandle counties, Berkeley and Jefferson, showed the strongest growth in the state, growing 37% and 27% respectively.[32]

The Senate map was drafted by the Senate during July in anticipation of an August special session.[26]

Single-member districts

Previously, West Virginia elected 100 representatives from 58 districts. While 36 were single-member districts, the remaining 22 were split between 64 delegates. The multi-member system evolved from an earlier system of county-based districts.[33]

Several legislators had expressed support for eliminating multi-member districts and creating 100 individual districts.[34] Proponents of the plan suggested that single-member districts simplify elections and hold representatives to account. Opponents of the plan suggested that multi-member districts allow politicians to better pool resources and share expertise. Acting Senate President Jeffrey Kessler (D), House Minority Leader Tim Armstead (R), Delegate Marty Gearheart (R), and Delegate John O'Neal had voiced support for single-member districts.[35][36][37][38] The Democratic candidate for governor, Earl Ray Tomblin, had expressed qualified support for the plan, and Republican candidate Bill Maloney promised to veto any plan that did not include single-member districts.[39]

In addition, Delegate Rick Snuffer (R) said that the state's multi-member districts were unconstitutional.[33] The concept of single-member house districts also gained momentum among attendees of the Senate's redistricting hearings.[40]

In addition, the West Virginia Farm Bureau and West Virginia Chamber of Commerce came out in support of single-member districts. The Farm Bureau claimed that the system was biased against rural areas since it lumped rural areas and more densely populated cities into sizable at-large districts, diluting rural representation.[41] One of the districts that had received the most scrutiny is the seven-member 30th House District. The district is the largest in the country (in proportion to total state representation).[19]

Daryl Cowles (R) introduced legislation, HB 2367, which would mandate 100 single-member legislative districts for the West Virginia House of Delegates.[42] A Chamber of Commerce survey had revealed that 61 of the West Virginia's 100 delegates supported shrinking or eliminating some or all of the state's multi-member districts.[43] House Speaker Richard Thompson (D) said that he had no issue with creating single-member districts in specific areas. Thompson also said that he was waiting for proposals from the redistricting committee before he took a public position on the issue.[44] House Majority Leader and Chair of the House Redistricting Committee Brent Boggs (D) said that while an increase in single-member districts was very likely, a complete change would be difficult.[45] Boggs had reiterated this concern and suggested that downsizing larger multi-member districts was a more realistic goal.[46]

GOP files FOIA requests

The Republican Party, a minority in the state House and Senate, had filed several Freedom of Information Act requests concerning the redistricting process. Specifically, the party was seeking drafts of legislation/maps, communication (written or electronic) between the senate president and house speaker and the redistricting office, and drafts of single-member district proposals from the past ten years. Party Chairman Mike Stuart said the process had not done enough to include the public and would have benefited from public hearings. Census 2000 redistricting maps were only available four hours before the votes to approve them.[47]

Legislators produced draft maps

On July 19, 2011, members of the West Virginia House of Delegates submitted a range of legislative redistricting proposals. The plans represented the first round of drafts maps submitted for consideration. The plans reinforced the growing divide between Republicans and Democrats on the future of West Virginia's multi-member districts. One area of disagreement in the plans was Monongalia County. Since the last census, it had grown enough to warrant a fifth legislative seat. The question for legislators was whether to further expand the existing multi-member district by adding another seat or make the new seat its own district. Expanding the district would be a setback for smaller or single-member districts. However, making the seat its own district would have split the county.[48]

House of Delegates plan receives committee approval

On August 2, 2011, the House Redistricting Committee approved a proposal for House of Delegates districts. The bill, which moved to the full House, increased the number of single-member districts around the state from 36 to 47. However, an amendment to make all the districts single-member lost a floor vote, 39-61. A final House vote was expected August 5, 2011.[49][50]

Senate plan passed by State Senate

On August 3, 2011, the West Virginia State Senate passed a proposed Senate plan, 28-4. Three Democrats and one Republican opposed the plan. The plan largely preserved county lines and existing districts. The plan now moved to the West Virginia House of Delegates.[51]

Redistricting plans approved by legislature

On August 5, 2011, the House of Delegates gave final approval to its redistricting plan, 64-33, receiving Senate concurrence the same day. The House also concurred with a State Senate plan passed earlier in the week, giving its approval 82-13. The plan now moved to acting Governor Ray Tomblin (D).

The House plan increased the number of single-member districts around the state from 36 to 47. The plan would also break up the seven-member District 30, splitting it into three and four member districts. The five-member 27th District was also split, but the 44th District was expanded to five.[52] Unsatisfied with the partial shift toward single-member districts, opponents of the plan were considering a lawsuit challenging the maps. Chamber President Steve Roberts said that the plan "fails to provide an equitable distribution of legislative seats throughout the state."[53] In addition, Delegate Gary Howell (R) had asked the Governor to veto the map over the splitting of the town of Peidmont.[54] The Senate plan faced less controversy and largely preserved county lines and existing districts.[55]

  • The approved House map can be found here.
  • The approved Senate map can be found here.

Veto on House redistricting plan

According to reports, acting Gov. Earl Ray Tomblin (D) would veto the House of Delegates' redistricting plan. As of August 11, 2011, the final bill had yet to be transmitted to the Governor. Nevertheless, officials in governor's office said that enough errors had already been discovered in the bill to justify the veto. Republicans and other critics of the House plan said that the technical errors were the result of an unnecessarily rushed political process. Majority Leader Brent Boggs (D) said that the errors were the result of legislative amendments rather than the actions of the Redistricting Committee.[56][57]

House plan vetoed, session called

On August 17, 2011, acting-Governor Earl Ray Tomblin officially vetoed the House redistricting plan and called another special session, beginning August 18, 2011, to correct technical errors in the bill.[58] Opponents of the plan, however, asked legislators to start from scratch. Steve Roberts, president of the West Virginia Chamber of Commerce, said that the House should scrap the bill and redraw the map to include 100 single-member districts.[59] Estimates suggested that the special session could have cost taxpayers over $30,000 per day.[60]

Second session began, Senate redistricting signed

The special session for adjusting West Virginia's vetoed House redistricting plans began on Thursday, August 18, 2011. Delegates planned to give the maps final approval on Saturday, and the Senate planned to approve the maps on Sunday. There had been some controversy about whether to re-redraw the seven-member 30th District, but it appeared that the House would focus on correcting technical errors in the bill.[61][62] In addition, acting Governor Earl Ray Tomblin signed the State Senate plan on August 18.[63]

Legislature approved revised House plan

On Sunday, August 21, 2011 the West Virginia State Legislature approved revisions to the vetoed House of Delegates redistricting plans. Republicans attempted a number of amendments, from creating 100 single-member district to giving Mason County its own delegate, but all their amendments were rejected. House Republicans also called for a public hearing on the revisions, but this suggestion was also rejected. Ultimately, the revised bill made changes to almost half of chamber's districts, including shifting a seat between districts in Raleigh County. Despite the changes, many local interests remained upset. On August 20, 2011 the House passed the revised plan 55-38, while the Senate passed the bill the following day by a narrow 15-14 margin.[64] Notably, Senate Republicans also tried (and failed) to revise Mason County, arguing that the county had been promised its own delegate. The bill, House Bill 201, now moved to acting Governor Earl Ray Tomblin.[65][66][67][68]

  • The revised map can be found here.

Governor signed revised plan

On Friday, September 2, 2011, acting-Governor Earl Ray Tomblin (D) signed the revised map for the state's House of Delegates districts. Republicans criticized the decision, arguing that Tomblin had failed to take the lead on creating 100 single-member districts. In addition, Brooke County officials had suggested that the bill contained lingering technical errors. Tomblin, however, said that the technical flaws he had seen in the first map had been corrected.[69][70]

Legal issues

August 2011: Putnam, Hurricane, Chamber threaten lawsuits

Putnam County, the City of Hurricane, and the West Virginia Chamber of Commerce considered lawsuits over West Virginia redistricting. Putnam County Commission President Steve Andes said the county would either file or join a lawsuit against the plan. County officials were concerned that the new House of Delegates districts decreased their representation. The city of Hurricane also considered a lawsuit. Its mayor, Scott Edwards, said "It's wrong. The way it's done is absolutely wrong." The city was drawn into a district with southern counties that Hurricane officials contend shared little with the city.[71]

The West Virginia Chamber of Commerce expressed broader concerns. The group had been a vocal advocate for single members districts and a vocal critic of the House redistricting process. Referring to the decision to reduce rather than eliminate multi-member districts, Chamber President Steve Roberts said, "I think it might be fair to say that this was a session in which we took two steps back and maybe one step forward." He added that the chamber was investigating the redistricting plans to see if any voters had been inequitably treated.[72]

August 23, 2011: Putnam votes to sue, Mason and Raleigh considered

On August 23, Putnam County Commissioners voted 2-1 to challenge the state's legislative redistricting plan. Although the county could have accommodated three of its own house districts, the new plan divided Putnam between five districts with only one wholly contained within its boundaries. Opponents of the plan said that Putnam should be guaranteed more than one local representative. However, supporters said that three of the five delegates would likely be Putnam residents anyway.

Mason County, which could have justified a single delegate district, remained divided between two districts. A Mason resident had not been elected to the house in recent memory. County officials stated that they were considering joining the Putnam suit.[73][74][75]

Raleigh County also considered either joining the suit or filing its own. County Commission President John Aliff said "We need to look to see if, in fact, we are going to contemplate a lawsuit... would we be better doing it as an individual county, or with another county? Those things would have to be looked at." The major concern was that Raleigh would be divided among neighboring districts.[76][77]

September 8, 2011: Monroe in, Raleigh out

On September 8, Monroe County announced that the county would challenge the House of Delegates redistricting plan. Under the plan, nearly all of Monroe was part of a two-member district including parts of Summers and Raleigh counties. Monroe had a smaller population in the district than either of the other two counties. The rest of Monroe county would have been paired with Greenbrier county. Given that the county was at a population disadvantage in both districts, Monroe officials said that it would have difficulty electing its own representative. Raleigh county also considered a challenge, but announced later that it would not pursue the suit.[78][79]

September 2, 2011: FOIA request denied

On September 2, the West Virginia State Legislature denied a Freedom of Information Act request for internal redistricting communications. The request was filed by the West Virginia Republican Party. Legislative officials argued that the state’s FOIA law specifically exempted communications of that kind.[80]

  • Both the request and denial letters can be found here.

September 2, 2011: Republican FOIA request goes court

On September 2, the West Virginia State Legislature denied the state GOP's Freedom of Information Act request for internal redistricting communications. Party leaders had called the 2011 redistricting process a fiasco and called the denial a cover-up. Legislative officials said that the state’s FOIA law specifically exempted communications of that kind.[81]

On Monday, September 19, the West Virginia Republican Party announced that it planned to challenge the denial in court.[82] The GOP also asked the state to preserve all the relevant records relating to redistricting, advising the state of its obligation to preserve such records.[83]

  • The FOIA request and denial can be found here.
  • The GOP lawsuit press release can be found here.

September 13, 2011: Putnam issues notice of legal action, Mason in

On September 13, Putnam County issued a notice of pending legal action against West Virginia's House redistricting plan. Putnam County Commission President Steve Andes argued, "If this isn't gerrymandering, then they need to take that word out of the dictionary." Putnam county was divided among five House districts with only one fully contained within the county. By itself, the county warranted three House districts. Mason county would also join the suit, arguing that it deserved its own House district. According to Andes, five to six other counties were considering joining the suit.[84]

October 6, 2011: Cooper and three others file notice

Four notices of legal action were given concerning the House of Delegates redistricting plan. These four lawsuits were planned by attorney Thornton Cooper of Kanawha County as well as by county officials in Monroe, Putnam, and Mason counties. Stephen Skinner, an attorney from Jefferson County, was still considering a lawsuit over the congressional plans.[85][86]

October 13, 2011: Cooper first to file suit

On October 13, attorney and former congressional candidate Thornton Cooper filed the first lawsuit against West Virginia’s House redistricting plan. Cooper said that the map violated the West Virginia Constitution by failing to provide equal representation. He said that the court should overturn the map and order the legislature to draw a constitutional map by the end of the year. If the deadline was not met, said Cooper, the court should impose his own map, which contained 100 single-member districts. Several lawsuits were still expected against the House plan.[87]

October 27, 2011: Monongalia residents join Cooper

On October 27, former legislator Frank Deem and several Monongalia residents petitioned to join Thornton Cooper’s challenge of the House redistricting plan. However, unlike Cooper, Deem and the other intervenors sought to challenge the West Virginia State Senate plan. They said that if multi-member House districts were unconstitutional, then any Senate districts formed around those districts were unconstitutional. In addition, they said that the Senate districts did not keep with the state constitutional requirement that districts be “compact, formed of contiguous territory, bounded by county lines, and, as nearly as practicable, equal in population.” Their challenge centered on the division of Monongalia County into three Senate districts.[88]

October 20, 2011: County officials face uncertain districts

With one lawsuit filed and several more expected, the state’s House of Delegates districts, and possibly its congressional districts, were open to court-mandated revisions. State officials did not plan to dictate how and when county election officials implemented the new plans.[89]

October 21, 2011: Putnam and Mason counties file suit

On October 21, Putnam and Mason Counties formally filed suit against the House of Delegates redistricting plan in the West Virginia Supreme Court. Both counties maintained that their populations justified additional dedicated representatives.[90]

House Speaker seeks to intervene in defense of maps

House Speaker Rick Thompson (D) asked to intervened as a defendant in the two redistricting cases before the West Virginia Supreme Court. Thompson argued that court involvement in redistricting was a significant breach of the separation of powers. Thompson described the redistricting process as a "purely legislative task." Some speculated that Thompson decided to intervene because Secretary of State Natalie Tennant (named as a defendant in the lawsuits) was privately sympathetic to the challenges.[91]

November 4, 2011: Four more lawsuits filed

In total, five lawsuits were pending against West Virginia's legislative maps. The State Supreme Court had asked state officials to present arguments in defense of the legislative redistricting plans on November 17.[92]

Jefferson County

The Jefferson County Commission voted unanimously to challenge the state’s congressional redistricting map in federal court, specifically targeting the new 2nd District. Attorney Stephen Skinner, who prepared the lawsuit, filed his complaint on November 4. The complaint centered on the exclusion of Hampshire or Mineral counties and the Eastern Panhandle being split into two districts. The complaint also said that District 2 did not meet the state constitution’s compactness requirement. Several commission members joined the lawsuit as private individuals.[93][94]

Monroe County

Monroe County also officially filed its redistricting challenge on November 4, seeking to overturn the new House of Delegates redistricting plan. Under the plan, Monroe was divided into two districts. Given that the county was at a population disadvantage in both districts, Monroe officials said that it would have difficulty electing its own representative.[95]

Monongalia and Wood Counties, Thornton Cooper

Several Monongalia and Wood County residents (including Frank Deem) also officially filed suit on November 4, challenging West Virginia’s State Senate redistricting plan. In addition, Thornton Cooper, who was also challenging the State House maps, filed a separate petition against the Senate plan. The focus of the complaints was that several new districts exceeded population targets and unnecessarily divided counties. Secretary of State Natalie Tennant responded to the petition and defended the maps. House Speaker Richard Thompson also defended of the maps. Tennant’s response can be found here. (dead link)[96][97][98][99]

November 17, 2011: WV Supreme Court hears arguments

On November 17, the West Virginia Supreme Court heard arguments from several groups challenging the state’s legislative redistricting plans. According to reports, the court seemed cautious about usurping the prerogative of legislators. Attorneys for the state said that several US Supreme Court rulings supported the legislature’s approach. Justice Thomas E. McHugh acknowledged that lawmakers had considerable leeway in designing maps. However, the plaintiffs said that the West Virginia Constitution mandates compacted districts and the preservation of county lines. This, they said, must be the baseline from which legislators entertained other considerations.[100]

November 23, 2011: WV Supreme Court upholds redistricting maps

On November 23, the West Virginia Supreme Court upheld the state's new legislative districts, denying the five lawsuits filed against the plans. While the court did not immediately issue an opinion explaining its decision, the court had shown hesitance in interfering with the legislative redistricting process. Plaintiff Thornton Cooper said the ruling was evidence that a constitutional amendment was necessary to take the process out of the hands of state lawmakers.[101]

State GOP Chair Mike Stuart disagreed with the ruling, but said that the decision only upheld the plans with respect to the State Constitution. The Putnam County Commission, one of the plaintiffs, was reportedly considering a federal challenge.[102][103][104]

February 13, 2012: Full opinion released

On February 13, the West Virginia Supreme Court released it full opinion upholding the state's redistricting maps. The decision was handed down in late November. The majority opinion said that the court may only assess whether the maps satisfied constitutional requirements, not whether those maps were the best way of satisfying said requirements.[105]

  • The full opinion can be found here.

November 30, 2011: Federal case moved forward

Despite the State Supreme Court's ruling in favor of the new legislative plans, the Jefferson County lawsuit against the state's congressional districts moved forward. On November 30, a three-judge panel, including one Circuit Court judge and two District Court judges, was assigned to the case. Thorton Cooper was also allowed to intervene as a plaintiff in the case. Jefferson County said that the plan violated the one person, one vote principle. Further, the county said that the exclusion of Hampshire or Mineral counties from District 2 diluted representation in the Eastern Panhandle by splitting it into two districts. The county also maintained that District 2 was not sufficiently compact.[106][107][108]

December 18, 2011: Briefs filed

Both sides in the federal redistricting case filed briefs the week of December 18. The Jefferson County Commission was responsible for the suit and said that the new 2nd District violated compactness requirements and contained too many residents. Attorneys for the state said that the plan, known as the "Mason County flip" because it only moved Mason County, was able to preserve county lines and avoid incumbent matchups without significant changes. Notably, Senate Majority Leader John Unger (D) had voiced opposition to the congressional maps and agreed with the plaintiffs that they diluted the Eastern Panhandle.[109]

Panel set date for argument

The federal panel hearing a challenge to the state's congressional districts had scheduled arguments in the case for December 27, 2011.[110]

January 3, 2012: Panel rules map unconstitutional

On Tuesday, January 3, a three-judge panel ruled West Virginia's congressional redistricting plan unconstitutional due to its unequal distribution of population among the state’s three districts. The court gave the West Virginia Legislature until January 17 to come up with a new map -- otherwise, the panel would redraw the map. The state planed to appeal the ruling to the US Supreme Court and was seeking a stay on the decision. If granted, the stay could have given legislators more time to revise their maps even if the panel's ruling was not overturned on appeal.[111][112]

  • The decision in the case can be found here.

January 10, 2012: Deadline removed

After the state's new congressional map was struck down by a panel of federal judges, the judicial panel agreed to remove the January 17 deadline for the West Virginia Legislature to revise its maps. The panel's January 10 decision would also allow the state to change its candidate filing deadlines to accommodate the revision process. The state had asked for a stay of the decision while it pursued an appeal with the US Supreme Court, but its motion was denied.

January 20, 2012: US Supreme Court upholds map

On Friday, January 20, the US Supreme Court stayed a lower court's ruling requiring West Virginia lawmakers to redraw the state's congressional redistricting map. The order suggested that the court would be sympathetic to the state's defense in a full appeal. The order also allowed the state to move forward with the new maps for the 2012 elections. Prior to the ruling, several alternative plans had been considered in the state legislature.[113][114][115]

The state had until March 27 to file a brief with the Supreme Court or seek an extension on the stay. On March 27, the state filed a brief asking the court to hear the case. If the case did not go before the court, the lower court's ruling would have taken effect, and the maps would be redrawn.[116][117]

On September 25, 2012, the Supreme Court reversed the ruling of the lower federal court, upholding the new congressional districts as constitutional. In their eight-page ruling the Supreme Court stated somewhat unequal districts were permissible as the Legislature legitimately sought to avoid drawing incumbents into the same district while keeping counties intact.[118]

Reform legislation

August 2011: Citizen redistricting committee

Prior to the passage of the House redistricting bill, Del. Patrick Lane (R) attempted to add an amendment that would have created a citizen redistricting committee. However, Speaker Richard Thompson (D) ruled that the addition was not pertinent to the bill.[119]

March 2012: Unger backed reform study

Senate Majority Leader John Unger (D) proposed a bill instructing the Joint Committee on Government and Finance to study the possibility of creating an independent redistricting commission. The bill was known as SCR 69--the text and bill history can be found here. Sen. Unger was an opponent of the congressional plan overturned by a panel of federal judges.[120]

Timeline

Legislative Auditor Aaron Allred said that redistricting plans should be ready no later than January 2012 to allow for the state's May primary election.[121] House Speaker Rick Thompson said that he expected the redistricting session to begin in August or September.[3] Several County Clerks argued that redistricting should be completed by Labor Day to allow counties to move polling places and redraw precinct lines.[122] On July 26, Senate President Earl Ray Tomblin officially called a special session for August 1.[123]

History

Deviation from ideal districts

2000 Population Deviation[124]
Office Percentage
Congressional districts 0.22%
State House districts 9.98%
State Senate districts 10.92%
Under federal law, districts may vary from an ideal district by up to 10%, though the lowest number achievable is preferred. Ideal districts are computed through simple division of the number of seats for any office into the population at the time of the Census.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 The Journal, "Redistricting likely to be done in summer," January 6, 2011
  2. ↑ West Virginia Legislature Newsletter, Wrap-Up, "Census, Redistricting Office, Ensure Equal Representation in Government," February 10, 2010
  3. ↑ 3.0 3.1 The Charleston Gazette, "Redistricting special session might start Aug. 1," June 16, 2011 Cite error: Invalid <ref> tag; name "House" defined multiple times with different content
  4. ↑ Watchdog.org, "WV Senate President Issues Call for Redistricting Special Session Aug. 1," July 27, 2011
  5. ↑ WOWKTV, "W.Va. Senate Forms Redistricting Task Force," April 1, 2011 (dead link)
  6. ↑ The Intelligencer, "Redistricting Committee Convenes," June 15, 2011
  7. ↑ The Journal, "House should follow the Senate on redistricting," May 17, 2011
  8. ↑ The Journal, "Criticism of Doyle and Lawrence is unwarranted," May 18, 2011
  9. ↑ Greenfield Daily Reporter, "Speaker to pick W.Va. redistricting committee, not expecting statewide public hearings," May 17, 2011
  10. ↑ Register Herald, "Boggs rejects ‘incumbency protection’ charge," June 3, 2011
  11. ↑ The Intelligencer, "It’s Politics as Usual in W.Va." May 13, 2011
  12. ↑ Charleston Daily Mail, "Unger: W.Va. redistricting not politics as usual," May 15, 2011
  13. ↑ West Virginia Legislature, Redistricting, "Statewide Public Informational Meetings"
  14. ↑ Census Bureau, "Apportionment Data 2010"
  15. ↑ US Census Bureau, "U.S. Census Bureau Delivers West Virginia's 2010 Census Population Totals," March 23, 2010
  16. ↑ Charleston Daily Mail, "Census notes population rise," March 24, 2011
  17. ↑ National Journal, "Census Quick Cuts: South Carolina, West Virginia, Rhode Island," March 24, 2011
  18. ↑ Herald Mail, "Berkeley County was W.Va.'s fastest growing in last decade," March 23, 2011
  19. ↑ 19.0 19.1 59 WVNS, "Lawmakers Eyeball How to Redraw Political Lines," February 16, 2011 (dead link)
  20. ↑ The State Journal, "Redistricting Likely to be ‘Political Hot Button Issue’," January 7, 2011
  21. ↑ Charleston Daily Mail, "West Virginia faces redistricting," January 8, 2011
  22. ↑ Charleston Daily Mail, "Congressional voting districts nearly identical," April 5, 2011
  23. ↑ The Intelligencer, "‘Flip’ Good Plan For Redistricting," July 19, 2011
  24. ↑ Victoria Advocate, "W.Va. may have US House districts share counties," July 25, 2011
  25. ↑ The Republic, "W.Va. senate panel wrapping up redistricting review as likely special session approaches," June 27, 2011
  26. ↑ 26.0 26.1 Charleston Gazette, "State senators start drafting redistricting plans," June 27, 2011 (dead link)
  27. ↑ Herald-Dispatch, "Republicans fuming over redistricting," August 3, 2011
  28. ↑ The Intelligencer, "Committee OKs ‘Mason County Flip’," August 5, 2011
  29. ↑ Saturday Gazette-Mail, "W.Va.'s congressional shift is 'Mason County Flip'," August 5, 2011 (dead link)
  30. ↑ Politico, "W.Va. redistricting plan easy on GOP," August 8, 2011
  31. ↑ West Virginia Legislature, SB 1008, Bill History
  32. ↑ The Journal, "Eastern Panhandle to pick up legislators," March 25, 2011
  33. ↑ 33.0 33.1 Register-Herald, "Lawmaker says multi-delegate districts unconstitutional," May 23, 2011
  34. ↑ News and Sentinel, "Local lawmakers support redistricting," January 31, 2011
  35. ↑ Charleston Daily Mail, "Officials at odds over redistricting," January 3, 2011
  36. ↑ Bluefield Daily Telegraph, "Redistricting- Region bracing for losses," January 16, 2011
  37. ↑ Herald-Dispatch, "Tom Miller: Legislature likely to look at redistricting, ethics rules," January 8, 2011
  38. ↑ Charleston Daily Mail, "O'Neal wants look at multi-member districts," May 3, 2011
  39. ↑ The Register Herald, "House redistricting a political issue," June 2, 2011 (dead link)
  40. ↑ Charleston Gazette, "House redistricting dominates Senate hearing," May 18, 2011 (dead link)
  41. ↑ WBOY, "Multi-Delegate Districts in W.Va. Give Some Voters Louder Voices Than Others," February 16, 2011 (dead link)
  42. ↑ The Journal, "Session worries area delegates," January 29, 2011
  43. ↑ Charleston Daily Mail, "Many delegates back smaller state districts," May 25, 2011
  44. ↑ Metro News, "The House Speaker On Redistricting," June 20, 2011
  45. ↑ The Intelligencer, "W.Va. House eyes more single-seat districts," July 4, 2011 (dead link)
  46. ↑ Charleston Daily Mail, "Official says single-member districts unlikely soon," July 14, 2011
  47. ↑ News and Sentinel, "State GOP seeks redistricting information," February 19, 2011
  48. ↑ The Charleston Gazette, "Delegates divided over House redistricting," July 19, 2011
  49. ↑ Stamford Advocate, "W.Va. House panel approves redistricting plan," August 2, 2011
  50. ↑ News Times, "W.Va. House, US House plans advancing in session" August 4, 2011
  51. ↑ The State Journal, "Senate Passes Redistricting Plan," August 3, 2011 (dead link)]
  52. ↑ MetroNews, "Hoppy's Commentary on House Redistricting," August 6, 2011
  53. ↑ Stamford Advocate, "W.Va. redistricting spurs talk of lawsuits, veto," August 9, 2011
  54. ↑ News Tribune, "Howell asks Governor to veto bill that splits Piedmont," August 9, 2011 (dead link)
  55. ↑ The State Journal, "Senate Passes Redistricting Plan," August 3, 2011 (dead link)]
  56. ↑ Charleston Daily Mail, "Redistricting critics say veto no surprise," August 11, 2011
  57. ↑ Bluefield Daily Telegraph, "Technical problems could bring W.Va. House back to redistricting drawing board," August 11, 2011 (dead link)
  58. ↑ WTRF, "Tomblin Signs 2nd Redistricting Special Session Call," August 17, 2011
  59. ↑ The State Journal, "State Chamber Urges Member Input in Redistricting Process," August 12, 2011
  60. ↑ Daily Mail, "Redistricting fix will cost taxpayers," August 18, 2011
  61. ↑ Charleston Daily Mail, "House outlines plan to get redistricting right," August 19, 2011
  62. ↑ Charleston Daily Mail, "Redistricting change to 30th riles delegate," August 19, 2011
  63. ↑ West Virginia Legislature, SB 1006, Bill History
  64. ↑ MetroNews, "People Had Different Reasons," August 23, 2011
  65. ↑ The Republic, "W.Va. lawmakers complete 2nd redistricting session after Senate Oks fixed House plan," August 21, 2011
  66. ↑ The State Journal, "House Democrats Reject Call for Redistricting Public Meeting," August 20, 2011 (dead link)
  67. ↑ The State Journal, "Senate Narrowly Passes Redistricting Bill," August 21, 2011 (dead link)
  68. ↑ The Register Herald, "Proposal angers delegates," August 20, 2011 (dead link)
  69. ↑ Register-Herald, "Tomblin puts ink on House redistricting legislation," September 3, 2011 (dead link)
  70. ↑ The Intelligencer, "Brooke Officials Question Precincts in Redistricting," September 5, 2011
  71. ↑ WSAZ, "Lawsuit Pending Over Redistricting in Putnam County," August 17, 2011 (dead link)
  72. ↑ Charleston Daily Mail, "Lawsuit Pending Over Redistricting in Putnam County," August 9, 2011
  73. ↑ Charleston Daily Mail, "Redistricting splits Putnam commission," August 24, 2011
  74. ↑ The Charleston Gazette, "Putnam commissioners vote to sue over House redistricting," August 23, 2011 (dead link)
  75. ↑ Charleston Daily Mail, "Redistricting plan angers Putnam Republicans," August 23, 2011
  76. ↑ The Register-Herald, "Redistricting Lawsuit?" August 26, 2011
  77. ↑ The Register-Herald, "Attorney looking at lawsuit over redistricting," August 27, 2011 (dead link)
  78. ↑ Bluefield Daily Telegraph, "Monroe County proceeds with lawsuit to challenge House redistricting maps," September 9, 2011 (dead link)
  79. ↑ The Register-Herald, "Raleigh won’t file redistricting suit," September 7, 2011 (dead link)
  80. ↑ Watchdog.org, "W.Va. Legislature denies redistricting FOIA requests," September 8, 2011
  81. ↑ WV GOP, Press Release, "What Are You Hiding This Time, Earl Ray?" September 19, 2011
  82. ↑ WTRF, "GOP Heads to Court Over FOIA Requests," September 19, 2011 (dead link)
  83. ↑ WVNS 59, "W.Va. GOP Issues Preservation Notice on Redistricting Documents," September 30, 2011 (dead link)
  84. ↑ Metro News, "Putting The State On Notice About Redistricting," September 13, 2011
  85. ↑ Real Clear Politics, "Lawsuits coming vs W.Va. redistricting plans," October 6, 2011
  86. ↑ Herald-Dispatch, "Lawsuits coming against W.Va. redistricting plans," October 6, 2011
  87. ↑ Charleston Gazette, "Cooper files suit over House redistricting," October 13, 2011
  88. ↑ News and Sentinel, "Deem joins redistricting challenge," October 28, 2011
  89. ↑ ‘’Daily Mail, “Redistricting lawsuits leave elections officials in limbo,” October 20, 2011
  90. ↑ Point Pleasant Register, "Mason, Putnam counties file suit over redistricting," October 22, 2011 (dead link)
  91. ↑ Charleston Daily Mail, "Thompson says court should not interfere in redistricting," October 31, 2011
  92. ↑ News and Sentinel, "High court to review state plans," November 10, 2011
  93. ↑ The Journal, "Commissioners to join ongoing suit," November 4, 2011
  94. ↑ The Journal, "Lawsuit challenges state district map," November 5, 2011
  95. ↑ The Record, "Monroe Co. Commission jumps into House redistricting fight," November 7, 2011
  96. ↑ Metro News, "SOS Responds To Redistricting Lawsuit," November 4, 2011
  97. ↑ The Record, "Mon, Wood counties challenge Senate redistricting plan," November 8, 2011
  98. ↑ The State Journal, "Monongalia and Wood County Challenge Senatorial Redistricting Law," accessed November 11, 2011
  99. ↑ The State Journal, "Cooper Files Second Redistricting Suit," accessed November 11, 2011
  100. ↑ The Republic, "Supreme Court arguments hear challenges of W.Va. redistricting for state House, Senate," November 17, 2011
  101. ↑ Bluefield Daily Telegraph, "MORNING UPDATE: WVa justices uphold redistricting plans," November 25, 2011
  102. ↑ West Virginia MetroNews, "Case Not Closed?" November 27, 2011
  103. ↑ Register Herald, "GOP leader disappointed with ruling," November 26, 2011
  104. ↑ The State Journal, "Putnam Commissioners Consider Federal Redistricting Lawsuit," November 25, 2011
  105. ↑ Legal Newsline, "W.Va. SC: Role of high court in redistricting limited to plans' validity," February 14, 2012
  106. ↑ The Journal, "Commissioners to join ongoing suit," November 4, 2011
  107. ↑ The Journal, "Lawsuit challenges state district map," November 5, 2011
  108. ↑ State Journal, "Three Judges Appointed to Federal Redistricting Case," December 1, 2011
  109. ↑ Charleston Daily Mail, "Lawyers plead cases in redistricting lawsuit," December 22, 2011
  110. ↑ Real Clear Politics, "Fed panel sets Dec. 27 W.Va. redistricting hearing," December 07, 2011
  111. ↑ West Virginia Watchdog, "Three-judge panel rules West Virginia congressional redistricting plan unconstitutional," accessed January 3, 2012
  112. ↑ [https://www.dailymail.com/News/statehouse/201201050138 Charleston Daily Mail, "Redistricting battle to be appealed to U.S. Supreme Court," January 5, 2012.
  113. ↑ Chicago Tribune, "Supreme Court keeps West Virginia redistricting map intact," January 20, 2012 (dead link)
  114. ↑ State Journal, "Legal Experts Comment on Congressional Redistricting Case," January 17, 2012
  115. ↑ WV Gazette, "Congressional redistricting plan introduced produces grumbling," January 16, 2012
  116. ↑ WV Gazette, "W.Va. lawmakers seek OK of congressional districts," March 27, 2012
  117. ↑ The Journal, "Commission updated on lawsuit," accessed March 16, 2012
  118. ↑ The Daily Mail, "Supreme Court rules: W.Va. redistricting can stand," September 25, 2012
  119. ↑ 59 WVNS, "Amendment to Create Citizen Redistricting Group Shot Down in House," August 5, 2011
  120. ↑ Charleston Gazette, "Senators consider independent redistricting panel," March 6, 2012
  121. ↑ News and Sentinel, "West Virginia faces redistricting," January 9, 2011
  122. ↑ Charleston Gazette, "County clerks want redistricting done by Labor Day," June 14, 2011 (dead link)
  123. ↑ Watchdog.org, "WV Senate President Issues Call for Redistricting Special Session Aug. 1," July 27, 2011
  124. ↑ National Conference of State Legislatures, “Redistricting 2000 Population Deviation Table”," accessed February 1, 2011
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