State Codes and Statutes

Statutes > West-virginia > 01 > 1-2-1

§1-2-1. Senatorial districts.
(a) This section shall be known and may be cited as the "Senate Redistricting Act of 2001".

(b) As used in this section:

(1) "County" means the territory comprising a county of this state as such county existed on the first day of January, two thousand, notwithstanding any boundary changes thereof made subsequent thereto;

(2) "Block" and "voting district" mean those geographic areas as defined by the bureau of the census of the United States department of commerce for the taking of the two thousand census of population and described on census maps prepared by the bureau of the census. Such maps are, at the time of this enactment, maintained by the bureau of the census and filed in the office of legislative services;

(3) "Incumbent senator" means a senator elected at the general election held in the year two thousand or at any general election thereafter, with an unexpired term of at least two years in duration.

(c) The Legislature recognizes that in dividing the state into senatorial districts, the Legislature is bound not only by the United States constitution but also by the West Virginia constitution; that in any instance where the West Virginia constitution conflicts with the United States constitution, the United States constitution must govern and control, as recognized in section one, article one of the West Virginia constitution; that the United States constitution, as interpreted by the United States supreme court and other federal courts, requires state legislatures to be apportioned so as to achieve equality of population as near as is practicable, population disparities being permissible where justified by rational state policies; and that the West Virginia constitution requires two senators to be elected from each senatorial district for terms of four years each, one such senator being elected every two years, with one half of the senators being elected biennially, and requires senatorial districts to be compact, formed of contiguous territory and bounded by county lines. The Legislature finds and declares that it is not possible to divide the state into senatorial districts so as to achieve equality of population as near as is practicable as required by the United States supreme court and other federal courts and at the same time adhere to all of these provisions of the West Virginia constitution; but that, in an effort to adhere as closely as possible to all of these provisions of the West Virginia constitution, the Legislature, in dividing the state into senatorial districts, as described and constituted in subsection (d)of this section, has:

(1) Adhered to the equality of population concept, while at the same time recognizing that from the formation of this state in the year one thousand eight hundred sixty-three, each constitution of West Virginia and the statutes enacted by the Legislature have recognized political subdivision lines and many functions, policies and programs of government have been implemented along political subdivision lines;

(2) Made the senatorial districts as compact as possible, consistent with the equality of population concept;

(3) Formed the senatorial districts of "contiguous territory" as that term has been construed and applied by the West Virginia supreme court of appeals;

(4) Deviated from the long-established state policy, recognized in subdivision (1) above, by crossing county lines only when necessary to ensure that all senatorial districts were formed of contiguous territory or when adherence to county lines produced unacceptable population inequalities and only to the extent necessary in order to maintain contiguity of territory and to achieve acceptable equality of population; and

(5) Also taken into account in crossing county lines, to the extent feasible, the community of interests of the people involved.

(d) The Senate shall be composed of thirty-four senators, one senator to be elected at the general election to be held in the year two thousand two, and biennially thereafter for a four-year term from each of the senatorial districts hereinafter in this subsection described and constituted as follows:

(1) The counties of Brooke, Hancock and voting districts 1, 4, 5, 10, 11, 12, 13, 14, 16, 20, 23, 24, 28, 29, 31, 36, 49, 77, 103, 104, 107, 108, 113, 115, 116, 119, 120, 122, 124, 125, 127, 128, 129, 130, 131, 135, 137, 141, 143, 146, 148, 158, 161 of Ohio shall constitute the first senatorial district;

(2) The counties of Calhoun, Doddridge, Marshall, Ritchie, Tyler, Wetzel and voting districts 59, 66, 67, 68, 69, 70, 72, 74, 78 of Marion and voting districts 40, 41, 42, 44, 47, 51, 52, 53, 54, 55, 58, 67, block: 0113001033, 68, block: 0113002014 of Monongalia and voting districts 60, 64, 69, 100, 102 of Ohio shall constitute the second senatorial district;

(3) The counties of Pleasants, Wirt, Wood and voting districts 4, 5, 7, 10, 15, 16, 22, blocks: 9629003000, 9629003002, 9629003003, 9629003005, 9629003006, 9629003014, 9629003015, 9629003016, 9629003017, 9629003018, 9629003019, 9629003020, 9629003022, 9629003025, 9629003029, 9629003030, 9629003031, 9629003032, 9629003033, 9629003034, 9629003035, 9629003036, 9629003037, 9629003038, 9629003039, 9629003040, 9629003999, 9629004000, 9629004001, 9629004002, 9629004003, 9629004004, 9629004005, 9629004006, 9629004007, 9629004008, 9629004009, 9629004010, 9629004014, 9629004015, 9629004016, 9631001012, 25, 28, 29, 30, 32 of Roane shall constitute the third senatorial district;

(4) The counties of Jackson, Mason, Putnam and voting districts 1, 11, 12, 18, 19, 20, 21, 22, blocks: 9629001071, 9629003007, 9629003008, 9629003009, 9629003010, 9629003011, 9629003012, 9629003023, 9629003024, 9629003046, 9629003048, 9629003057, 9629003058, 9629003059, 9630004018, 9630004019, 9630004020, 9630004021, 9630004040, 9630004042, 23 of Roane shall constitute the fourth senatorial district;

(5) The county of Cabell and voting districts 11, 12, blocks: 0203001000, 0203001011, 0203002001, 0203002041, 0203006000, 0203006002, 0203006003, 0203006004, 0203006005, 0203006006, 0203006007, 0203006008, 0203006009, 0203006010, 0203006011, 0203006012, 0203006013, 0203006021, 0203006024, 0203006033, 0203006034, 0203006040, 0203006041, 0203006042, 0203006043, 0203006044, 0203006045, 0203006046, 0203006048, 0203006049, 0203006050, 0203006051, 0203006052, 0203006053, 0203006054, 0203006055, 0203006056, 0203006057, 0203006063, 0203006064, 0203006998, 0203006999, 16, blocks: 0204001009, 0204001013, 56, 59, 60, 61, 62, blocks: 0052002000, 0052002001, 0052002002, 0052002010, 0052002011, 0052002012, 0052002032, 0201002002, 0201002003, 0201002011 and 63 of Wayne shall constitute the fifth senatorial district;

(6) The counties of McDowell and voting districts 2, 3, 4, 5, 42, 46, 49, 51, 52, 53, 54, 55, 57, blocks: 9509001025, 9509001026, 9511002003, 9511002004, 9511002005, 9511002024, 9511002025, 58, 60, 61, 62, 66, 67, 68, 69, 71, 72, 79, 96 of Mercer, Mingo and voting districts 1, 3, 5, 6, 12, blocks: 0203001001, 0203006001, 0203006997, 13, 14, 16, blocks: 0203002026, 0203002027, 0203002028, 0203002029, 0203002030, 0203002031, 0203002032, 0203002040, 0203002996, 0203003006, 0204001010, 0204001011, 0204001012, 0204001014, 0204001015, 0204001016, 0204001017, 0204001034, 0204001054, 0204001055, 0204001056, 0204001057, 0204001058, 0204001059, 0204001060, 0204001061, 0204001062, 0204001996, 17, 18, 20, 21, 31, 34, 36, 37, 38, 62, blocks: 0201002000, 0201002001, 0201002004, 0201002005, 0201002006, 0201002007, 0201002008, 0201002009, 0201002010, 0201002012, 0201002013, 0201002014, 0201002015, 0201002016, 0201002018, 0204003008, 0204003009, 0204003010, 0204003011, 0204003012, 0204003013, 0204003014, 0204003015, 0204003016, 0204003017, 0204003021 of Wayne and voting districts 5, 10, 11, 23, 24 and 25 of Wyoming shall constitute the sixth senatorial district;

(7) The counties of Boone, Lincoln, Logan and voting districts 19, 22, 30, 41, 42, 45, 48, 49, 50, 51, 52, 53, 54 and 57 of Wayne shall constitute the seventh senatorial district;

(8) The county of Kanawha shall constitute the eighth senatorial district;

(9) The county of Raleigh and voting districts 1, 2, 4, 6, 7, 8, 9, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 42, 43, 44, 45, 47, 48 and 99 of Wyoming shall constitute the ninth senatorial district;

(10) The counties of Monroe, Summers, Greenbrier, voting districts 68 and 72 of Fayette, voting districts 1, 14, 15, 20, 27, 28, 30, 31, 32, 33, 34, 36, 37, 38, 44, 47, 48, 56, 57, blocks: 9511002006, 9511002007, 9511002008, 9511002009, 9511002010, 9511002011, 9511002012, 9511002013, 9511002014, 9511002015, 9511002016, 9511002017, 9511002018, 9511002019, 9511002020, 9511002021, 9511002022, 9511002023, 9511002026, 9511002027, 9511002028, 9511003003, 9511003004, 9511003005, 9511003007, 9511003008, 9511003009, 9511003010, 9511003011, 9511003012, 9511003013, 9511003014, 9511003015, 9511003016, 9511003017, 9511003018, 9511003019, 9511003020, 9511003021, 59, 64, 65, 73, 74, 77, 78, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95 and 98 of Mercer shall constitute the tenth senatorial district;

(11) The counties of Clay, Nicholas, Webster, voting districts 1, 4, 5, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 23, 24, 26, 28, 29, 31, 32, 37, 38, 41, 42, 45, 46, 47, 51, 52, 53, 55, 56, 58, 59, 60, 65, 67, 74 of Fayette and voting districts 4, 6, 7, 8, 9, 12, 13, 14, 15, 16, 18, 19, 20, 25, 27, 35, 38, 42, 44 and 47 of Upshur shall constitute the eleventh senatorial district;

(12) The counties of Braxton, Gilmer, Harrison and Lewis shall constitute the twelfth senatorial district;

(13) The voting districts 1, 2, 5, 6, 7, 13, 16, 18, 20, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 40, 41, 42, 43, 44, 45, 47, 48, 50, 51, 52, 53, 55, 56, 57, 58, 61, 62, 82, 83, 86, 87, 88, 89, 90, 92, 96, 98, 100, 101, 102, 104, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124 and 125 of Marion and voting district 1, blocks: 0110001008, 0110001019, 0110001020, 0110001021, 0110001022, 0110001023, 0110001024, 0110001025, 0110001027, 0110001029, 0110001030, 0110001031, 0110001032, 0110001033, 0110001034, 0110001999, 0110002005, 0110002007, 0110002008, 0110002009, 0110002041, 0110002048, 0110002049, 0110002050, 0110002051, 0110002052, 0110002053, 0110002054, 0110002999, 0110003003, 0110003004, 0110003009, 0110003011, 0110003012, 0110003018, 0110003019, 0110003999, voting districts 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 35, 36A, 36B, 39, 46, 48, 49, 56, 64, 67, blocks: 0113001008, 0113001009, 0113001010, 0113001011, 0113001012, 0113001013, 0113001014, 0113001015, 0113001016, 0113001017, 0113001018, 0113001019, 0113001020, 0113001021, 0113001022, 0113001023, 0113001024, 0113001025, 0113001026, 0113001027, 0113001028, 0113001029, 0113001030, 0113001032, 0113001034, 0113001035, 0113001036, 0113001999, 0113003013, 0113003014, 0113003015, 0113003016, 0113003017, 0113003018, 0113003019, 0113003020, 0113003021, 0113003022, 0113003024, 0113003025, 0113003026, 0113003027, 0113003028, 0113003029, 68, blocks: 0113001000, 0113001001, 0113001002, 0113001003, 0113001004, 0113001005, 0113001031, 0113002002, 0113002003, 0113002004, 0113002005, 0113002006, 0113002007, 0113002008, 0113002009, 0113002010, 0113002011, 0113002012, 0113002013, 0113002015, 0113002016, 0113002017, 0113002018, 0113002019, 0113002020, 0113002021, 0113002022, 0113002023, 0113002024, 0113002025, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, blocks: 0109022036, 0109022048, 0110002040, 0110002044, 0110003000, 0110003005, 86, 87, 88, 90, 91 and 92 of Monongalia shall constitute the thirteenth senatorial district;

(14) The counties of Mineral, Preston, Taylor, Tucker, Barbour and voting districts 8, 9, 10, 14 and 15 of Grant and voting district 1, blocks: 0110002042, 0110002045, 0110002047, 0110003007, 0110003008, 0110003010, 0110003013, 0110003017, 0110003020, 0110003998, 33, 34, 37, 38, 59, 60, 61, 62, 63, 85, blocks: 0109022035, 0109022037, 0109022047, 0109022062, 0109022064, 0109022065, 0110002043, 0110002046, 0110003001, 0110003002, 0110003006, 0110003014, 0110003015, 0110003016, 0110003021, 0110003022, 0110003023, 0110003024, 0110003025, 0110003026, 0110003027, 0110003028, 0110003029, 0110003996, 0110003997, 0118022007, 0118025003, 0118025006, 0118025007 and 0118025008 of Monongalia shall constitute the fourteenth senatorial district;

(15) The counties of Hampshire, Hardy, Morgan, Pendleton, Pocahontas, Randolph and voting district 22, blocks: 9712006072, 9712006073, 9712006074, 9712006075, 9719002004, 9719002006, 43, blocks: 9718003004, 9718003010, 9718003011, 9718003012, 9718003013, 9718003014, 9718003015, 9718003016, 9718003017, 9718003021, 9718003022, 9718003023, 9718003024, 9718003025, 9718003026, 9718003027, 9718003028, 9718003029, 9718003030, 9718003031, 45, 46, blocks: 9712006065, 9712006070, 9712006071, 9718001036, 9718001037, 9718001038, 9718001039, 9718001040, 9718001043, 9718001050, 9718001051, 47, 51, blocks: 9721003018, 9721003019, 9721003020, 9721003021, 9721003022, 9721003023, 9721003024, 9721003025, 9721003026, 9721003027, 9721003028 and 9721003029, of Berkeley, voting districts 1, 2, 3, 4, 5, 6, 7, 11, 12 and 13 of Grant and voting districts 33 and 39 of Upshur shall constitute the fifteenth senatorial district;

(16) The counties of Jefferson and voting districts 1, 2, 5, 6, 7, 8, 9, 10, 11, 14, 15, 15A, 16, 17, 18, 19, 20, 21, 22, blocks: 9712006076, 9712006077, 9716003005, 9716003006, 9717004012, 9719001010, 9719001011, 9719001012, 9719001013, 9719001014, 9719001015, 9719001016, 9719001017, 9719001018, 9719001019, 9719001020, 9719002000, 9719002001, 9719002003, 9719002007, 9719002008, 9719003024, 9719003025, 23, 24, 25, 25A, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, blocks: 9718003000, 9718003006, 9718003007, 9718003008, 9718003009, 9718003018, 9718003019, 9718003020, 44, 46, blocks: 9718001044, 9718001045, 9718001046, 9718001047, 9718001048, 9718001049, 9718001052, 9718001053, 9718001054, 9718001055, 9718003001, 9718003002, 9718003003, 48, 49, 50, 51, blocks: 9721003013, 9721003015, 9721003016, 9721004015, 9721004016, 9721004018, 9721004019, 9721004020, 9721004021, 9721004022, 9721004023, 9721004024, 9721004025, 9721004026, 9721005009, 9721005012, 9721005019 and 9721005022 of Berkeley shall constitute the sixteenth senatorial district; and

(17) The county of Kanawha shall constitute the seventeenth senatorial district.

(e) The West Virginia constitution further provides, in section four, article VI thereof, that where a senatorial district is composed of more than one county, both senators for such district shall not be chosen from the same county, a residency dispersal provision which is clear with respect to senatorial districts which follow county lines, as required by such constitution, but which is not clear in application with respect to senatorial districts which cross county lines. However, in an effort to adhere as closely as possible to the West Virginia constitution in this regard, the following additional provisions, in furtherance of the rationale of such residency dispersal provision and to give meaning and effect thereto, are hereby established:

(1) With respect to a senatorial district which is composed of one or more whole counties and one or more parts of another county or counties, no more than one senator shall be chosen from the same county or part of a county to represent such senatorial district;

(2) With respect to a senatorial district which does not contain any whole county but only parts of two or more counties, no more than one senator shall be chosen from the same part to represent such senatorial district; and

(3) With respect to superimposed senatorial districts which contain only one whole county, all senators shall be chosen from such county to represent such senatorial districts.

(f) Candidates for the Senate shall be nominated as provided in section four, article five, chapter three of this code, except that such candidates shall be nominated in accordance with the residency dispersal provisions specified in section four, article VI of the West Virginia constitution and the additional residency dispersal provisions specified in subsection (e) of this section. Candidates for the Senate shall also be elected in accordance with the residency dispersal provisions specified in said section and the additional residency dispersal provisions specified in subsection (e) of this section. In furtherance of the foregoing provisions of this subsection, no person may file a certificate of candidacy for election from a senatorial district described and constituted in subsection (d) of this section if he or she resides in the same county and the same such senatorial district wherein also resides an incumbent senator, whether the senatorial district wherein such incumbent senator resides was described and constituted by chapter eighty-five, acts of the Legislature, one thousand nine hundred ninety-three, or was described and constituted in subsection (d) of this section or its immediately prior enactment. Any vacancy in a nomination shall be filled, any appointment to fill a vacancy in the Senate shall be made and any candidates in an election to fill a vacancy in the Senate shall be chosen so as to be consistent with the residency dispersal provisions specified in section four, article VI of the West Virginia constitution and the additional residency dispersal provisions specified in subsection (e) of this section.

(g) Regardless of the changes in senatorial district boundaries made by the provisions of subsection (d) of this section, all senators elected at the general election held in the year one thousand nine hundred ninety-eight and at the general election held in the year two thousand shall continue to hold their seats as members of the Senate for the term, and as representatives of the senatorial district, for which each thereof, respectively, was elected. Any appointment made or election held to fill a vacancy in the Senate shall be for the remainder of the term and as a representative of the senatorial district, for which the vacating senator was elected or appointed, and any such election shall be held in the district as the same was described and constituted at the time the vacating senator was elected or appointed.

(h) The secretary of state may promulgate rules and regulations to implement the provisions of this section, including emergency rules and regulations promulgated pursuant to the provisions of section five, article three, chapter twenty-nine-a of this code.