WASHINGTON — Virginia’s General Assembly convened Thursday for a special session meant to deal with court-ordered redistricting, but did not get very far into the process.
A federal court found in June that 11 House of Delegates districts drawn in 2011 have lines unconstitutionally based on their racial makeup, diluting the influence of black voters. House Republicans, who control the chamber 51-49, still hope that either that court or the U.S. Supreme Court will put the ruling on hold that directs new lines be approved by Oct. 30.
With the ongoing appeal and the standing maps that were passed when Republicans had a more significant majority, no House Republican introduced a redistricting proposal as the session began.
The legislature only reconvened because Gov. Ralph Northam called the special session.
“It has been delay, delay, delay,” House Minority Leader David Toscano said. “There have been four elections for the House of Delegates since this unconstitutional map was drawn. Four. We want to make sure there’s not a fifth.”
A House Democratic Caucus proposal unveiled Wednesday could serve as the opposite end of the pendulum from any Republican plan or the existing map in any real negotiation over new lines.
House Majority Leader Todd Gilbert and other Republicans ripped into the Democratic plan, which was referred to a committee for discussion in the afternoon. Even a Democrat, Del. Steve Heretick of Portsmouth, challenged the plan as a missed opportunity for nonpartisan redistricting.
“Voters all across this commonwealth, in our nation, oppose the time dishonored tradition of gerrymandering districts,” Heretick said. “Citizens from across the political spectrum are now more than ever fed up with this corrupt political culture.”
Gilbert separately attacked the substance of the Democratic plan as too partisan, too far-reaching, or not enough to completely address the court’s concerns. Gilbert called it hypocritical for Democrats to call for a change to nonpartisan redistricting while also pushing back with a partisan map against Republican efforts to keep the map that benefits the GOP.
“It’s a self-serving political power grab. It’s gerrymandering in response to gerrymandering. It’s tit for tat,” Heretick said in agreement.
House Democratic Caucus Chair Charniele Herring of Alexandria said the plan is simply playing the hand they are dealt right now, given the Republican efforts to hold onto lines that favor the GOP and no obvious path to redrawing the lines currently at issue through a nonpartisan process.
“Before you cast a stone over here, check yourself,” Herring said, responding to Gilbert on the House floor.
With the House of Delegates split 51-49 and the Senate split 21-19 in favor of Republicans, any changes to the House map could have a significant impact on control of the chamber and the direction of Virginia.
Heretick added that there have been “too many backroom conversations about redistricting” over the last few weeks since the court ordered the lines redrawn.
The Senate also briefly convened Thursday but is largely along for the ride until the House sends a bill down the hall.
House Republican leaders promised Democratic colleagues the full chamber would reconvene by Sept. 21. House Democrats had wanted to set a Sept. 14 deadline to return, but a vote on that failed 48-48 (several delegates were absent).
Other than the Oct. 30 deadline from the courts, there is no other clear timeline for action. Any new map will likely also lead to fewer polling precincts split between two districts since it is being drawn based on current precinct lines. When maps are drawn immediately following a census, they are tied to the previous precinct boundaries.
Nonpartisan possibility?
A group pushing for nonpartisan redistricting announced plans Thursday morning to push for a constitutional amendment that could implement changes in time for the 2021 statewide remapping tied to the 2020 census.
Given the significant gains last year for Democrats in the House of Delegates, OneVirginia2021 could have a window of opportunity.
Support for nonpartisan redistricting has been a campaign issue in some races, highlighted especially by Democratic candidates. Even Republicans unsure about it could also see it as an insurance policy in case Democrats take control of the General Assembly.
For a constitutional amendment to be adopted in Virginia, it must be approved by the General Assembly once before an election, then once after a new House of Delegates is seated, then be approved by voters.
In this case, that would mean approval by the General Assembly this winter and next winter, followed by voter approval in November 2020.
The constitutional amendment is being drafted by former Democratic and Republican state officials, including Wyatt Durrette, Ward Armsrong and Ken Cuccinnelli, and state constitution expert A.E. Dick Howard.
