Bluefield Daily Telegraph, Bluefield, WV

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July 21, 2011

McDowell lawmaker challenges legality of single-delegate districts

By CHARLES OWENS Bluefield Daily Telegraph

WELCH — A McDowell County delegate is challenging the legality of single-member delegate districts.

Delegate Clif Moore, D-McDowell, contacted the Daily Telegraph Wednesday morning in an effort to clarify his position on single-member districts. Moore said creating 100 single-member delegate districts is in “diametric opposition and an egregious violation of the West Virginia Constitution.”

Moore, chairman of the Committee on Banking and a member of the Select Redistricting Committee, said there exists a “veritable plethora of plausible arguments, both pro and con,” regarding the creation of 100 single-member delegate districts. However, Moore said a “cookie cutter” approach does not bode well for the upcoming redistricting process.

“On the surface, at least, it appears quite easy to espouse the 100 single-member delegate district concept,” Moore said in a letter to the Daily Telegraph. “However, when coupled with the particular mandates of the constitution (U.S. and W.Va.), demographic cohorts, spatial and geographic considerations and our overwhelming desire to enfranchise as many voters as is possible, it is virtually impossible and impractical to transform West Virginia in this matter. As duly elected members of the West Virginia House of Delegates we are obligated by oath to enact legislation that comports with the dictates of the West Virginia and U.S. constitutions. Creating 100 single-member delegate districts is in diametric opposition and an egregious violation of the West Virginia Constitution.”

Acting Gov. Earl Ray Tomblin has called a special session of the state Legislature for Aug. 1. The issue of redistricting is expected to be addressed at that time.

The Select Redistricting Committee is made up of 30 delegates — 20 Democrats and 10 Republicans. In addition to Moore, Delegate John R. Frazier, D-Mercer, also will serve on the committee.

Moore said the creation of single-member districts would require a change in the state constitution. He adds the issue of single-delegate districts has received only minimal attention and from primarily professional trade associations and other entities hoping to decrease the number of delegates serving in the 30th delegate district. The 30th delegate district, or Kanawaha County, currently has seven delegates.

“I mentioned this issue has received a modicum of attention as only two persons from McDowell and Mercer counties have contacted me related to the single-member delegate district,” Moore added in the letter. “One such contact was from the Bluefield Daily Telegraph. I am left to conclude, then, the many fine citizens of McDowell and Mercer counties are satisfied with their representation in the West Virginia House of Delegates and their delegate districts. Additionally, I am of the unequivocal posture our constituents are far more concerned about jobs acquisition; improved infrastructure — roads, water and , sewer and broadband; receipt of Social Security, veteran and other governmental checks; reduction in turnpike tolls; increased economic development opportunities; the resurrection, revitalization and stabilization of places we call home; establishing creative/challenging learning environments for our children and protecting, promoting and preserving the values that remain near and dear to our hearts.”

A state redistricting task force will conduct a public information meeting at 7 p.m. today at the Mercer County Courthouse.

The meeting, to be conducted in the courtroom of Judge William Sadler, will help the task force’s member determine how the residents of Mercer County and McDowell County view the current district boundaries and how changes would affect the counties communities.

— Contact Charles Owens at cowens@bdtonline.com

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