Democrats in the state legislature have brought lawmakers back to Richmond this week to start the process of redrawing the state’s congressional map, in an effort to counter Republican-led redistricting efforts in states backed by President Donald Trump.
It would involve altering the state’s constitution, which includes a requirement that redistricting be carried out by a bipartisan commission.
Republican Gov. Glenn Youngkin’s administration has argued it’s too late for lawmakers to vote on redistricting — because early voting has already been underway for weeks — for the upcoming statewide election.
Democratic State Sen. Scott Surovell, the majority leader in the Virginia Senate, joined WTOP’s Nick Iannelli to talk about the redistricting process.
This transcript has been edited lightly for clarity.
- Nick Iannelli :
What in the state constitution is allowing you start the process of redrawing the state’s congressional map?
- Scott Surovell:
The language that we’re operating under. The constitution was adopted in 1870, we didn’t have early voting back then. The language is clear that we’re allowed to do this. What I think is important to understand about what’s happening this week, is this week is just the very first step of a process that gives the legislature the option to put something on the ballot in our January session. So this week is just a very preliminary first step. The way our system works is the legislature has to pass a first reference of the constitutional amendment right now. And then we’ll be back in January if it passes, to pass it again. And then it’ll get put on the ballot probably in April, if we pass it, then for voters to approve. So there’s plenty of time for legal challenges to be filed or affect this or whatever.
- Nick Iannelli:
And that’s because in the Virginia constitution, there is an amendment that calls for a bipartisan redistricting commission to redraw the congressional map. When that idea for a bipartisan redistricting commission was in front of the legislature, what was your stance on it?
- Scott Surovell:
I voted for it in 2019, the first time it was up and the second time it came up for final passage. I voted no. I was one of two senators in the entire Senate who voted no. I didn’t like the idea of a bipartisan commission. I never thought it would work if we were going to do a commission. I thought it should be a nonpartisan commission that is with people who had nothing to do with politics. Instead, it was a commission that was half legislators and half people picked by legislators from both parties, and guess what? They couldn’t agree on anything. And so it didn’t work.
- Nick Iannelli:
The Democratic lawmakers who voted in favor of the bipartisan redistricting commission. Do you think they’re being hypocritical now in trying to get around it with this?
- Scott Surovell:
Amongst my friends in the Senate and the House who voted for it, what they’ve said to me was, “Who could have ever imagined that the redistricting process would be abused the way it’s being abused right now in other states, to maintain an unpopular administration in power forever, to turn Trump into an emperor.”
I think a lot of people are really offended and upset about what’s happening around the country, which is why you’re seeing this reaction.
But the amendment does not repeal the commission. It doesn’t get rid of the commission. It leaves the commission in place to do its business every 10 years.
The Amendment says if another state chooses to disregard America’s 250 year old redistricting process and ignore it, that the Virginia General Assembly can also step in and take action to respond with what other states do, so we’re on an equal playing field with people in other states.
That’s what it does. It does not repeal the commission.
- Nick Iannelli:
But the voters did vote for a bipartisan redistricting commission to do this. So if the legislature were to make any sort of change, doesn’t that go against the will of the voters?
- Scott Surovell:
No, it doesn’t. First of all, remember, all this amendment does is gives us the option act in January, but ultimately, it’s the voters who have to approve the constitutional amendment which would give us the power to do it. So the voters would be authorizing us to act.
What Trump and the GOP are trying to do around the country is to circumvent the democratic will of the majority of Americans, and it’s necessary to do these things to protect American democracy and the voice of the majority of Americans.
- Nick Iannelli:
Are you and the Democrats worried about voter backlash? Because I hear your argument, but it’s going to come off as politicizing the redistricting process, no matter how you frame it. Are you worried about voters reacting poorly to that?
- Scott Surovell:
If voters don’t support amending the Constitution, then they should vote no, and then we won’t have the power to do it. This is Democracy at its purest form.
- Nick Iannelli:
Republicans, including Gov. Youngkin, have alleged that at least a part of this is about pulling Republican nominee for governor, Winsome Earle-Sears, off the campaign trail to preside over the Senate. How do you respond to that accusation of political trickery?
- Scott Surovell:
I don’t think she was ever going to win anyway, but if she’s concerned about coming off the campaign trail, she doesn’t have to be there. I mean, we can run the Senate without her presiding over it. The president pro tem is allowed to preside over the Senate, and she’s free to campaign all she wants.
- Nick Iannelli:
So logistically, what does this week look like now?
- Scott Surovell:
The GOP filed a lawsuit (Wednesday) afternoon. Wasn’t a surprise, but I suspect we’ll continue to move along, and we’ll probably take a final vote on Friday, and then we’ll probably be back in January to talk about this again.
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