Section 4.
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It shall be the duty of the general assembly, in the year one thousand eight hundred and sixty-five, and in every tenth year thereafter, in case it can agree upon a principle of representation, to reapportion representation in the senate and house of delegates in accordance therewith; and in the event the general assembly, at the first or any subsequent period of reapportionment, shall fail to agree upon a principle of representation and to reapportion representation in accordance therewith, each house shall separately propose a scheme of representation, containing a principle or rule for the house of delegates, in connection with a principle or rule for the senate. And it shall be the duty of the general assembly, at the same session, to certify to the governor the principles or rules of representation which the respective houses may separately propose, to be applied in making reapportionments in the senate and in the house of delegates: and the governor shall, as soon thereafter as maybe, by proclamation, make known the propositions of the respective houses, and require the voters of the commonwealth to assemble at such time as he shall appoint, at their lawful places of voting, and decide by their votes between the propositions thus presented. In the event the general assembly shall fail, in the year one thousand eight hundred and sixty-five, or in any tenth year thereafter, to make such reapportionment or certificate, the governor shall, immediately after the adjournment of the general assembly, by proclamation, require the voters of the commonwealth to assemble, at such time as he shall appoint, at their lawful places of voting, and to declare by their votes:
First, whether representation in the senate and house of delegates shall be apportioned on the "suffrage basis;" that is, according to the number of voters in the several counties, cities, towns and senatorial districts of the commonwealth:
Or, second, whether representation in both houses shall be apportioned on the "mixed basis;" that is, according to the number of white inhabitants contained, and the amount of all state taxes paid, in the several counties, cities and towns of the commonwealth, deducting therefrom all taxes paid on licenses and law process, and any capitation tax on free negroes, allowing one delegate for every seventy-sixth part of said inhabitants, and one delegate for every seventy-sixth part of said taxes, and distributing the senators in like manner:
Or, third, whether representation shall be apportioned in the senate on taxation; that is, according to the amount of all state taxes paid in the several counties, cities and towns of the commonwealth, deducting therefrom all taxes paid on licenses and law process, and any capitation tax on free negroes, and in the house of delegates on the "suffrage basis" as aforesaid:
Or, fourth, whether representation shall be apportioned in the senate on the "mixed basis" as aforesaid, and in the house of delegates on the "suffrage basis" as aforesaid: and each voter shall cast his vote in favor of one of said schemes of apportionment, and no more.
This item is based on 2 items:
It shall be the duty of the Legislature, to reapportion, once in ten years, to wit: in the year one thousand and forty one, and every ten years thereafter, the representation of the counties, cities, towns and boroughs, of this Commonwealth, in both of the Legislative bodies: provided, however, that the number of Delegates from the aforesaid great districts, and the number of Senators from the aforesaid two great divisions, respectively, shall neither be increased nor diminished by such reapportionment. And when a new county shall hereafter be created, or any city, town or borough not now entitled to separate representation in the House of Delegates, shall have so increased in population as to be entitled, in the opinion of the General Assembly, to such representation, it shall be the duty of the General Assembly to make provision by law, for securing to the people of such new county, or such city, town or borough, an adequate representation: and if the object cannot otherwise be effected, it shall be competent to the General Assembly to reapportion the whole representation of the great district containing such new county, or such city, town or borough, within its limits: which reapportionment shall continue in force till the next regular decennial reapportionment.