Attorney looking at lawsuit over redistricting

Local News

August 27, 2011

By Mannix Porterfield Register-Herald Reporter The Register-Herald Sat Aug 27, 2011, 12:20 AM EDT

Any decision on whether Raleigh County will file a legal challenge against the controversial House of Delegates redistricting plan will have to wait while the county commission’s attorney, Bill Roop, examines the bill and explores all the options.

Roop said he hopes to have his homework completed and in position to provide the commission a report early next week.

Any action, however, cannot be taken until the commission’s next scheduled meeting Sept. 6, he pointed out Friday.

The Putnam County Commission has already voted 2-1 to pursue a court challenge, and other counties are said to be contemplating similar suits, which are hardly unusual when decennial redistricting plans are assembled by the Legislature.

“Lawsuits are filed all the time with legislation,” Roop said.

“Whether it’s constitutional or not. Did the Legislature exceed their orders and duties and authority? A lot of things go into it.”

Roop said he wants to confer with the attorneys for both Putnam and Monroe counties before drawing any conclusions about suing the Legislature.

Angst has run high within Raleigh County over the plan, since it carves up the 27th District, yielding thousands of voters to Fayette, Summers and Wyoming counties.

Acting Gov. Earl Ray Tomblin is expected to take definitive action on the legislation Monday.

“It’s going to take today and Monday to even figure out what we’re going to do,” Roop said.

“Right now, it’s just fact-finding. What does the bill actually do? What areas do you think we can attack? Is there something that we can hang our hat on to try to have the court set it aside? Right now, we’re just gathering information.”

Commissioner Dave Tolliver wants to see a lawsuit filed, saying the House plan unfairly sliced up Raleigh County to satisfy neighboring counties with substantial population losses made evident by the 2010 census figures.

Roop said he understands the Monroe County Commission is “kind of in the same boat we’re in, trying to figure out what’s going on.”

Besides Putnam County, an attorney in the Charleston area, Thornton Cooper, has vowed to file a legal challenge on his own.

“Should Raleigh County sue on its own?” Roop asked. “Should we all gather together? There are a whole lot of issues and questions out there. We’re going to do lot of checking there.”

— E-mail: mannix@register-herald.com

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