Virginia

Redistricting Reform Part 2

Election Law Society · November 23, 2009 ·

OK, So What’s The Problem?

If you missed last week’s installment, take a look, as it summarizes how redistricting in Virginia works. If you’re too busy, the basics on your author: In 2007 I was asked to run a new non-profit effort to reform Virginia’s redistricting system. A group of moderate business leaders had decided to raise funds for the effort. For the next 7 months, I shuttled between my Arlington home and Richmond as Executive Director of the Virginia Redistricting Coalition. I’ll use this series to pose a few basic questions about redistricting reform and explore the philosophical and practical implications of such an effort. As a warning up front, I am not a lawyer. So while I am fairly well-versed in the relevant concepts, don’t take my word for gospel on the legal precepts. I’m also going to assume you’re familiar with the basics: gerrymandering, the Civil Rights Act of 64, reapportionment generally, and the current state of the ‘science’ of partisan redistricting.

Partisan redistricting – is it really a problem? First principles – what is the problem with partisan redistricting? Per Baker v. Carr and later Gray v. Sanders, modern partisan redistricting efforts do not endanger the effective power of an individual’s vote, nor do they dilute the ability of a constitutionally protected class to achieve representation (post-Voting Rights Act of 65). So we must at least consider whether or not drawing district lines for partisan gain is either constitutionally (or morally) acceptable. The constitutional question remains unsettled – a series of cases has yet to define a standard for determining if a partisan gerrymander is an equal protection violation. (See Vieth v. Jubelirer & Davis v. Bandemer – I’m not qualified to belabor the details.) Without settled case law, this leaves us to ask if there is a public interest in removing partisan influence from redistricting. [Read more…] about Redistricting Reform Part 2

The Military and Overseas Empowerment Act

Election Law Society · November 23, 2009 ·

In Virginia, nearly 2,000 ballots cast by voters overseas were initially not counted in last year’s general election. The Uniform Overseas Citizens Absentee Voting Act (UOCAVA) allows citizens abroad, including military personnel, the ability to vote in federal elections. The U.S. Department of Justice sued Virginia for violating the act, because of the state’s failure to count the absentee ballots. The Virginia Board of Elections contended that they were not bound by UOCAVA because it did not give a specific deadline to mail ballots out. A federal judge decided that, although this may true, the UOCAVA was established to give Americans abroad a “real chance to vote.” [Read more…] about The Military and Overseas Empowerment Act

Virginia’s Off-Off-Year Elections

Election Law Society · November 16, 2009 ·

It’s like a quick fix for the electoral junkie who didn’t quite get enough the last go around. Every four years on the odd-numbered year after the presidential elections, Virginia and New Jersey hold elections for Governor (Virginia also elects its Lieutenant Governor and Attorney General as well). They are the only states to hold such elections at this time. These are called “off-off-year” elections because they occur two-cycles off the presidential election cycle (presidential election years being the “on” year elections, mid-term election years being the “off” year elections, and odd-year elections being the “off-off” year elections).

While odd election cycles might point to Machiavellian political games designed to enhance the electoral fortunes of one faction or another, the reason for Virginia’s unique place on the electoral calendar is really rather benign and has more to do with shifting populations, and arguments over proportional representation, and Virginia’s strong adherence to tradition than anything else.

After the census of 1840 was taken, it became apparent to everyone that the white population of the Western half of Virginia (the half that is now the state of West Virginia) far exceeded the white population of the rest of the state. Noting the disproportionate representation in the General Assembly favoring the Eastern half of Virginia, Westerners began calling for a constitutional convention to solve the problem, and the General Assembly soon complied. Delegates to the convention convened in Richmond in early October, 1850 and met for nearly a year.

In March 1851, while the constitutional convention was meeting, the Virginia General Assembly elected a new governor, as it had for the past 75 years for a three-year term. The newly elected governor Joseph Johnson was to take office on January 1, 1852, but in the ensuing months Virginia voters approved the new constitution which among other things expanded suffrage to all white male citizens 21 years or older who had been residents for at least two year and required the governor to be popularly elected to a four-year term. The constitution also prohibited the governor from serving successive terms, a prohibition that is still in place today.

Redistricting Reform in Virginia

Election Law Society · November 16, 2009 ·

Redistricting Reform Part 1:

Where We Begin

Before we begin, a word about me: I’m a political professional. I run my own company, and my career has been split between political campaigns and advocacy organizations. Unlike most people writing on this blog, I’m not a lawyer or a law student or a professor. And while I have a pretty strong understanding of this issue, my review of relevant case law may seem less than expert – my apologies.

So why would I be writing about redistricting reform? Simple: A few years ago, I was approached to manage an effort to reform Virginia’s redistricting process. It is that experience, as Executive Director of the Virginia Redistricting Coalition, which gives me my particular knowledge on the topic. As someone who had never previously worked on the issue, I was now to run an organization, develop legislation, devise a legislative strategy, and build a coalition around this topic. Now, I’d done all of these things before, to some extent, in other positions. Having previously cofounded and run a non-profit advocacy organization, I knew what I was getting into.

But to get all that done in 6 months, well that’s a bit more difficult. So I bring to this discussion the benefit of a crash course in redistricting, reform, and Virginia’s brand of the process. This blog series will be about what I learned while I ran this organization and advocated for redistricting reform.

Welcome to the Wild West

Gerrymander

Let’s begin where I started when I got the job: The Constitution of Virginia, Article II, Section 6 (emphasis added):

Members of the House of Representatives of the United States and members of the Senate and of the House of Delegates of the General Assembly shall be elected from electoral districts established by the General Assembly. Every electoral district shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. The General Assembly shall reapportion the Commonwealth into electoral districts in accordance with this section in the year 2011 and every ten years thereafter.

Any such decennial reapportionment law shall take effect immediately and not be subject to the limitations contained in Article IV, Section 13, of this Constitution.

(Note: Article IV, Section 13 deals with enactment dates of new laws)

The key words are in bold. In Virginia, reapportionment is handled as if it were any other law. Let that one sink in: Any other law. [Read more…] about Redistricting Reform in Virginia