One man, one vote, not in West Virginia

Kanawha County is the most populous county in the state with 200,073 persons as recorded by the 2000 census, but has an unfair advantage in state government. Not because of its population, but because of multi-delegate districts where each citizen gets to vote for two state Senators and in some cases seven house members, whereas most of the state gets to vote for only one senator and one delegate each election cycle. The citizens of Kanawha County, and some other counties to a lesser extent, have more representation in the legislature than most.

Most citizens of the state are only represented by two state Senators and one House member, if you live in Charleston you are represented by four state senators and seven house members. This puts the citizens in most other parts of the state at a disadvantage when requesting help from their state Senators and Representatives, when compared those living in Multi-delegate districts.

Why is this bad? Consider something simple. You live in a single delegate district like most of us and you want a pot hole fixed on the state highway near your home. You can call on two senators and one delegate to push the Department of Highways to make the repair. Now if you live the Kanawha County’s 30^th Delegate district, then you have a distinct advantage to get your pot hole fixed. You can call on four senators and seven delegates to motivate the DOH to make the needed repairs. The odds are 11 to 3 in favor of the Kanawha voter getting preferential treatment in state legislature under the current system, and that is just not fair.

Each voter from Kanawha County is represented by 12% of the West Virginia Senate, yet each voter in the rest of the state is only represented by 6%. That is unfair representation. The House of Delegates is just as bad while in most of the state each voter is represented by 1% of the House, in Kanawha’s 30^th District each voter is represented by 7% of the House, in Raleigh’s 27^th District each voter is represented by 5% of the House, Monongalia’s 44^th, Logan/Lincoln’s 19^th, and Harrison’s 41^st have 4%. There are a few three and two delegate districts, but the majorities are single delegate districts.

Consider that in one of the growth areas of the state Berkeley County each voter is only represented by one delegate, 1% or the House, and two Senators, 6% of the Senate. This gives each voter in Berkeley County a clear disadvantage in representation Charleston when compared to Kanawha County or some of the others with multi-delegate districts. Consider that this arrangement should be unconstitutional under West Virginia’s constitution which states; “Article II, 2-4. Equal representation; Every citizen shall be entitled to equal representation in the government, and, in all apportionments of representation, equality of numbers of those entitled thereto, shall as far as practicable, be preserved.”

West Virginian’s current system also appears to violate the 14^th Amendment to the US Constitution. Section 1 of the amendment states; “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The US Supreme Court has already interpreted the “Equal Protection Clause” to extend to voting districts. In the 1963 case Grey v. Sanders the court held, 8 to 1, that State elections must adhere to the one person, one vote principle. Justice William Douglas wrote the majority opinion stated, "The concept of political equality...can mean only one thing—one person, one vote".

As it stands right now one person, one vote only applies to some West Virginian’s while others get more than one vote. If you live in Martinsburg you get to vote for one Delegate to represent you and one Senator, if you live in Charleston you get to vote for seven Delegates and two Senators to represent you. It is time that we change West Virginia’s legislative districts. Where each voter is represented by only one delegate and two senators, so that the districts are fair and come in line with both the state and US Constitutions.