Virginia Mercury: Under Virginia redistricting schedule, lawmakers might vote on new maps at height of election season

March 30, 2021

By Graham Moomaw

It’s already too late for Virginia to redraw political districts in time for the 2021 House of Delegates races, but the U.S. Census Bureau’s decision to speed up its delivery of new population data means Virginia lawmakers could be voting on future maps right before the November elections.

Census officials had told states to expect to get the data by late September, but Virginia officials say they now expect to receive it by the second week of August.

Under the newly created Virginia Redistricting Commission’s constitutional timeline, receipt of the data starts a 45-day clock for the commission to submit new legislative maps to the General Assembly for an up-or-down vote. Once the legislature received the proposed maps, it has 15 days to vote on them.

That means a vote on new state Senate and House of Delegates districts could come at a special session in October, a few weeks before the Nov. 2 election when all 100 House seats will be on the ballot. The ramifications of the process occurring during the peak political season are unclear, but it raises the possibility that some candidates will be voting on maps that make dramatic shifts in the districts they’re running in as they’re making their final pitches to voters.

The redistricting delay could force House members to run in special elections in 2022 since new districts couldn’t be drawn in time for the 2021 cycle. Regardless of any 2022 contests, the full House will be up for election again in 2023.

If the General Assembly rejects maps drawn by the 16-member commission, the panel would have another 14 days to draw up a second proposal. If the legislature refuses the second try, maps would be drawn by experts appointed by the Supreme Court of Virginia.

Congressional maps have to be submitted to the legislature no more than 60 days after the census data arrives.

Without any census data in hand to begin its work in earnest, the commission, made up of eight legislators and eight citizen members, is still getting up to speed on the basics. At its second meeting Tuesday, commissioners heard an update on the expected timeline, received training on their duties under the Virginia Freedom of Information Act and heard comments from members of the public.

In meetings over the next few months, the commission is scheduled to get training on the basics of redistricting and map-drawing software and begin planning for public hearings.

The Census Bureau had said the data available in August would be in a different format than the data coming in late September. Meg Lamb, an attorney with the General Assembly’s Division of Legislative Service, told the commission the state shouldn’t have any problem using the data despite the format questions.

“We’ll be good to go,” Lamb said.

See the full article here.

Richmond Times-Dispatch: House candidates will run in current districts, commission plans to deliver new maps in October

March 30, 2021

By Mel Leonor

The Virginia Department of Elections plans to carry out elections for the House of Delegates based on existing political maps, as census delays push redistricting work into the fall.

“The Department of Elections is preparing to administer the primary election on June 8 utilizing the current districts for the House of Delegates and any local primaries which are the districts currently in law," Elections Commissioner Chris Piper said in a statement. "We will continue to administer elections on those lines until the law is changed."

Piper’s comments came hours after Virginia’s newly formed redistricting commission agreed during a meeting on a timeline for redrawing the state’s House of Delegates map over a 45-day period starting in mid-August.

The commission’s timeline is based on a February announcement from the U.S Census Bureau that it would push back delivery of 2020 census data to mid-August from its original date of March 31.

Once the data is delivered, it will be processed by contractors employed by the commission, who will reapportion the state’s prison population into their home districts. The commission will then hold public hearings and draw its maps.

The commission will send its House of Delegates and Senate maps to the legislature for approval within 45 days of receiving the census data. About two weeks later, it will send over congressional maps.

For now, the commission “will be using this unexpected extra time to learn about the redistricting process so that the members will be able to hit the ground running when it comes time to draw the maps for congressional and state legislative districts for Virginia,” the commission said in a statement.

- - -

The commission was created through a constitutional amendment voters approved in a November referendum. The amendment curbed the legislature’s power over the state’s political maps, instead giving the work to a bipartisan panel made up of eight lawmakers and eight citizens.

On Tuesday, several advocacy groups and public commenters urged the redistricting commission to be more transparent about its work, and improve how it communicates with the public.

In a Medium post, Erin Corbett of the Virginia Civic Engagement Table urged the commission to schedule meetings during non-working hours, improve how it advertises its meetings and offer its materials in different languages.

Tuesday’s meeting was scheduled for 10 a.m., at a working hour for many Virginians.

“The commission’s idea of advertising is inconspicuously updating the ‘Meetings and Hearings' tab on its website — effectively invisible to anyone disconnected from civil rights groups and progressive organizations,” Corbett wrote. “This is not what Virginians voted for.”

A coalition of 11 groups led by OneVirginia2021, which led advocacy for the creation of the new commission, urged similar improvements in transparency in a Monday letter to the commission.

“We strongly encourage the Commission to dedicate additional time and resources to thoroughly enable public communication and to determine how to best receive and incorporate feedback from diverse communities across Virginia,” the letter reads.

See the full article here.

Summary of the March 30 Virginia Redistricting Commission: FOIA Training

The Virginia Redistricting Commission met for the second time this morning for two hours to discuss their proposed timeline, receive training from the Freedom of Information Advisory Council, and hear public comment. The Division of Legislative Services (DLS) will be uploading a recording of the meeting here later today.

Greta Harris chaired the meeting, setting the tone for the Commission’s commitment to accountability, inclusivity, and integrity. In discussing the timeline of their work, their desire to be thorough is clear. Importantly, Meg Lamb, DLS Counsel, clarified that the 45 day window to produce the State Senate and the House of Delegates districts will be triggered by the receipt of census data in August. This “legacy” data will be formatted slightly differently than the data that will be received in September, but Ms. Lamb confirmed that the software the Commission will be using (Citygate) is still capable of processing it. This means that Virginia’s redistricting timeline is moved up slightly, but still without sufficient time to produce new districts for the 2021 House of Delegates elections.

The Freedom of Information Act (FOIA) training was comprehensive, and it’s important that the public was able to watch the training alongside the commissioners. The top line takeaways are: 1) legislators are subject to the same laws as the citizen commissioners and do not have legislative privilege in their capacity as redistricting commissioners, and 2) the commission should be guided by the principle, “when in doubt, give it out”. FOIA compliance basically ensures that all commissioner communications are considered public information, but for more information we recommend you watch the training. We’ve included two key screenshots from the presentation below.

FOIA slide 1.png
FOIA slide 2.png

Finally, 12 citizens gave oral public testimonies which accompanied eight written comments submitted via email. This included comments from Phillip Thompson, Executive Director of National Black Non-partisan Redistricting Commission, Jeff South, President of the Virginia Coalition for Open Government, Erin Corbett, Redistricting Coordinator for the Virginia Civic Engagement Table and Chris De Rosa from the League of Women Voters Virginia, as well as several private citizens. The public comments expressed a clear and unified desire for maximum transparency and effort to engage and inform the public. Liz White, Executive Director of OneVirginia2021, also spoke to the letter we sent to the commission, co-signed by a number of organizations working for fair and transparent redistricting.

Today’s meeting provided a good look into what future meetings will look like (a mix of planning, training, and public comment) and we look forward to continuing to monitor and publicize these meetings as the Commission’s work picks up.

Letter to the Virginia Redistricting Commission

March 29, 2021

To the members of the Virginia Redistricting Commission: 

Thank you for stepping up to serve on this historic commission. As you embark on this substantial undertaking, we, the undersigned, want to offer our assistance, our experience, and our support to your efforts to create fair and representative maps for the Commonwealth.

As Virginians who support fair redistricting and transparency in government, we were delighted to receive the release of the draft timeline for your work over the next year. We are particularly pleased that you plan to utilize the extra time provided to you by the delayed availability of the U.S. Census data to learn about the history and legal standards of redistricting, as well as the tools available to aid in the map-drawing. 

We strongly encourage the Commission to dedicate additional time and resources to thoroughly enable public communication and to determine how to best receive and incorporate feedback from diverse communities across Virginia. We believe that the most important parts of the redistricting reforms passed over the last two years are those that elevate the role of the citizenry. The Commonwealth’s legislative districts belong to Virginians, not to any political party or individual politician. The requirements that the Commission incorporate public input, consider Communities of Interest, and open all proceedings to the sunlight of transparency are the truly historic aspects of this new redistricting process. 

Below is a list of questions we hope you will consider when planning your work. We are not proposing answers to these questions, but rather using the experiences of other redistricting commissions and organizations who engage with historically marginalized populations to help you think through how you will approach them. We hope this will help guide your efforts to make the redistricting process transparent, accessible, and collaborative.

  1. How and when will you advertise meetings and hearings to maximize public knowledge and participation, particularly to those not on social media and those who lack easy internet access?

  2. How will you ensure that all meetings and work products are accessible, including to non-English speakers and people living with disabilities who may need accommodations to participate fully?

  3. How will you prioritize protecting communities of interest in drawing maps?

  4. How do you plan to receive public input and testimony on communities of interest in a way that allows you to best utilize the information? How will that public input and testimony be available to members of the public?

  5. Do you plan to communicate with the public through traditional media, social media, email, or more frequent updates to the website? If so, how?

  6. How will you organize your inbox so that public feedback doesn’t get overlooked? Would you consider hiring a third party to develop a portal for this input?

  7. Will you reach out to individuals or organizations who specialize in fair and equitable redistricting to supplement your training?

  8. Will you conduct direct outreach to diverse communities across Virginia to ensure that the Commission receives a full picture of the Commonwealth? If yes, what is your plan?

  9. What will be your policy on attending public events organized by groups or individuals in which community mapping concerns are being addressed?

  10. Do you plan to reach out or would you consider reaching out to other commissions or subject matter experts other than those listed in the draft timeline?

  11. How many public hearings do you plan to conduct? Are you able to do more if they are in a virtual format?

  12. How will you handle the Chat feature in the virtual meetings, as only those registered to give public comment are currently able to participate?

  13. Would you consider implementing an automatic reply on varedist@dls.virginia.gov so that members of the public know their feedback has been received?

We appreciate your commitment to a fair and transparent process and look forward to supporting your work in the coming months.

Sincerely,

Liz White, Executive Director, OneVirginia2021

Luis Aguilar, Virginia Director, CASA

Suzanne Almeida, Redistricting and Representation Counsel, Common Cause

Rev. David Denham, Lead, RepresentVA

The Hon. Michael Futrell, President, National Black Nonpartisan Redistricting Organization

Da'Quan Love, Executive Director, Virginia State Conference NAACP

Matthew Scoble, Executive Director, Unite Virginia

Josh Stanfield, Executive Director, Activate Virginia

Phillip Thompson, Executive Director, National Black Nonpartisan Redistricting Organization

Deb Wake, President, League of Women Voters of Virginia

Prof. Sam Wang, Director, Princeton Gerrymandering Project

See a PDF of this letter here.

The Roanoke Times: Here's who killed the partisan gerrymander

Leigh Middleditch, right, at a rally in Richmond. At left is Ann Laurence Hart.Courtesy of Bob Gibson

Leigh Middleditch, right, at a rally in Richmond. At left is Ann Laurence Hart.

Courtesy of Bob Gibson

Guest Column by Bob Gibson

March 21, 2021

On Nov. 3, nearly two-thirds of Virginia’s voters approved a major change in the way the state redraws legislative and congressional districts, slaying the gerrymander in favor of a bipartisan commission to handle redistricting.

Eight years ago, such a political reform was considered hardly possible in Virginia. Conventional wisdom insisted that no majority party in the General Assembly would give up the power to draw their own district lines for their own partisan advantage.

But Leigh B. Middleditch Jr., a respected Charlottesville lawyer, saw the chance to build a movement that could convince legislators to allow citizens to participate in a bipartisan process in public instead of letting lawmakers draw them behind closed doors.

His foresight and persistence for a state constitutional amendment — even friends call him a stubbornly committed advocate — prove that one individual can provide the leadership to make a big difference at a statewide level.

“We got some 150,000 supporters, and that’s what swung the vote,” Middleditch said of the vote last fall to enact the amendment taking the redistricting process away from the legislature’s majority party in favor of an evenly divided bipartisan commission.

From an initial core group of about 140 people, he began recruiting in 2013, “we kept adding people on a monthly basis, and that was very encouraging.”

By the time the General Assembly voted final approval a year ago to put the amendment on the fall ballot, control of both legislative chambers had just switched from Republican to Democratic Party majorities. Enough Democrats stuck with their previous support of the amendment, along with Republicans who had just slipped into minority party status, to pass it.

That perilous approval battle in the General Assembly last March never would have produced the constitutional reform without the dogged determination and coalition-building prowess Middleditch brought to bear.

Killing a state’s partisan gerrymander was hardly the first lengthy effort he made to bring change to a difficult social or political situation.

More than 12 years ago, Middleditch helped right racial wrongs through an education program designed to help disadvantaged Black lawyers in Zimbabwe and South Africa through his leadership in the American Bar Association.

More than 24 years ago, he and Charlottesville businessman Michael Bills saw a need to provide new political leadership training across Virginia and co-founded the Sorensen Institute for Political Leadership, which seeks to restore trust, civility and respect in politics.

More than 36 years ago, Middleditch sought to heal the annexation scars inflicted in Charlottesville and Albemarle County. He led a civic push for the Citizens Committee for City-County Cooperation to campaign for an innovative way to prevent further annexations. The “Five C’s” group went on to facilitate consolidation of local fire and rescue services.

In the 1990s, Gov. L. Douglas Wilder appointed Middleditch to serve on the University of Virginia’s Board of Visitors. The foundations running Monticello and Montpelier also acquired his services as board members.

Always ready to defer praise and point to contributions of others, he has a ready answer when asked what stimulated a 60-year career of civic activism.

“I came along when lawyers could not advertise,” he said. “My law firm encouraged me to get involved in civic activities.”

His lieutenants in the long, uphill fight to replace gerrymandering in Virginia don’t credit the McGuireWoods law firm where Middleditch worked until retiring in his 90s for his tireless leadership, but praise his gracious tenacity.

“He has an instinct for picking issues that can bridge partisan divides and earn broad public support. And he has patience and perseverance,” said Michael Rodemeyer, who chairs OneVirginia2021’s Blue Ridge Action Group. “Leigh has a long career of building relationships based on respect, trust, and an understanding of what can bring someone to the negotiating table.”

A former congressional staffer and scientist, Rodemeyer said foresight and careful planning allowed years of building support to pay off.

“Leigh knew when he started OneVirginia2021 that the odds were long. But he also knew that, if a window for change opened, having a plan and an organization for change in place and ready to go would drive the outcome,” Rodemeyer said. That window opened when the GOP saw its majority control slipping away suddenly and dozens of legislative Democrats continued to push for ending gerrymandering.

Brian Cannon, the statewide group’s executive director, said the group’s founder displayed a “wonderful mix of idealism, pragmatism, and stubbornness—which is just the recipe called for to push a long-term project like changing Virginia’s constitution to improve redistricting for all Virginians.”

Problems with the 2020 United States Census will delay the real work of the newly sworn-in bipartisan commission that consists of eight citizen members and eight appointed legislators. Sept. 30 is now the earliest date that new population data is expected in Virginia, so the Nov. 2 elections for all 100 House of Delegates districts are almost certainly to be held in current districts instead of new ones drawn by the commission.

The Census delay will give Virginians more time to provide input to the commission as it prepares to redraw district lines for 11 congressional districts and 140 state legislative seats next year. Middleditch met last week with anti-gerrymandering activists to find groups and resources to help the new commission draw fairer and more competitive districts.

“Leigh is a war horse in bringing people together for a task,” said Meg Heubeck, director of instruction at UVA’s Center for Politics and a volunteer who has worked with him for years to eliminate the self-dealing excesses of gerrymandering that limit competitive elections.

Heubeck credits Middleditch with a quietly brilliant talent to organize and motivate an army of “fair vote” volunteers. “After putting us together in a room, he set about inspiring us with a message of what Virginia could be; a vibrant state with higher rates of voter participation, higher rates of competitive state and federal races, and a more effective legislative environment,” she said.

The constitutional amendment creating the commission was a compromise, she said, “and that’s to be expected. In the end we got a redistricting commission consisting of citizens and legislators with oversight by the Virginia Supreme Court. I think it is a good place to be, and a big step forward from where we were.”

“Leigh is humble and has immense will,” she added. “He is quiet unless he has something to say. He lets those he has chosen for positions speak.”

“He is a facilitator not a dictator,” Heubeck said. It’s a leadership style that has worked well over many years.

See the full article here.

Michael Li: Twitter thread on the redistricting provisions of H.R. 1

This thread goes through each of the provisions in HR1 that address partisan gerrymandering and explains the benefits. He also notably touches on what happens to existing independent commissions this cycle if HR1 passes. (TLDR: there most likely won’t be enough time for them to take effect so the bill could be amended to delay the enactment of that provision.)

See the full thread here.

Learn more about Michael Li and the Brennan Center.

Statement from DLS on Census delay and how it affects Virginia

The Census data is delayed: what does that mean for the Commission?

On February 12, 2021, the U.S. Census Bureau announced that it will deliver the Public Law 94- 171 redistricting data to all states by September 30, 2021, and that it will deliver the data for all states at once, instead of on a flow basis.1 This is a significant change from previous redistricting years where Virginia would receive its redistricting data in February, and this delay will obviously have an impact on the Commonwealth's ability to have new House of Delegates districts established in time for the November 2021 election.

A question frequently asked is about what this means for the Commission and its work; the answer is both straightforward and complicated. The straightforward part of the answer is that the Constitution of Virginia clearly directs the Commission to submit plans for House of Delegates and Senate districts to the General Assembly "no later than 45 days following the receipt of census data."2 This requirement is not dependent on when the census data is received. If the Census delivers Virginia's redistricting data on September 30, 2021, the Commission will be required to submit maps of these state legislative districts no later than Sunday, November 14, 2021.

The complicated part of the answer is that the Constitution of Virginia also requires the redistricting of the Commonwealth to be done in the year 2021 and every 10 years thereafter and further states that these new districts are to be implemented for the November general election that is held "immediately prior to the expiration of the term being served in the year that the reapportionment law is required to be enacted."3 This means that for the House of Delegates the new districts are to be implemented for the general election on November 2, 2021. But as noted above, the deadline for the Commission to submit the maps to the General Assembly could be as late as November 14, a full 12 days after the general election.

The fact of the matter is these constitutional requirements were written when the possibility of a global pandemic and a months-long delay in the delivery of Census data were just not contemplated, and history suggested that the Commission would be able to comply with these requirements. Now that it seems to no longer be the case, it is for an appropriate authority to determine how the Commission may fulfill its constitutional obligations.

Until then, the Commission will be using this unexpected extra time to learn about the redistricting process so that the members will be able to hit the ground running when it comes time to draw the maps for congressional and state legislative districts for Virginia.

See the statement here.

The work on redistricting isn't done yet - here's how to get involved.

We've been hearing from a lot of people who are excited about the redistricting reform that has passed in Virginia and who are glad our work on this issue is wrapping up. Well, I'm reaching out today to tell you that we are not done yet!

Amendment 1 and the accompanying legislation have transformed Virginia's redistricting process. Most importantly, the creation of the Virginia Redistricting Commission and the new laws governing transparency and public input have created space for Virginians to participate to an unprecedented degree.

The big job ahead of OneVirginia2021 and many other groups working for fair and transparent redistricting is to fill that space. The Commission, thanks to legislation passed in 2020, is required to consider Communities of Interest when drawing maps. This is a huge opportunity. We need to educate and empower as many communities as possible to effectively advocate for themselves in a way that is usable to the Commission. 

So what can you do?

Check out our toolkit: Whether you want to write a Letter to the Editor, testify at a public hearing, share educational opportunities with your networks, or simply brush up on Redistricting 101, we have tools that can help you.

Become a partner organization: If you're part of a group (anything from a civic organization to a political party to a book club) and you would like to receive notice of educational opportunities, resources, and updates, you can sign up here.

(Note: this list will not be made public and signing up to receive alerts does not signify endorsement of any OneVirginia2021 statements or strategies.)

Request a speaker: If you are a member of a group (see definition above!) who would like to hear more about what is going on with redistricting in Virginia, you can email us to request a speaker to (virtually) address your group. 

Donate: I'd love to tell you we're done fundraising, but our work isn't over and the Census delay means we have extra months of work ahead. All donations to the OneVirginia2021 Foundation and our education efforts are tax deductible.

Virginia would not be poised for this historically transparent and citizen-led redistricting if not for the support and engagement of people like you. We're so grateful and hope you'll stick with us.

 

OneVirginia2021: Census delays can be an opportunity to get it right on redistricting

The U.S. Census Bureau officially announced on Friday that states will not receive their census data - the information that is used to redistrict - until the end of September. This announcement was not a surprise, given the earlier news that the data would be sent to states around July 31 due to COVID delays, but this later date solidifies that new maps will not be ready for this November’s House of Delegates elections in Virginia.

So what does this mean for the current redistricting process?

For candidates for the House of Delegates, this means that they will be running in November on the existing legislative maps. It is not yet known how this decision will officially be reached, since the Virginia Constitution requires elections on new maps in years ending in “1” and that Constitutional deadline will be impossible to meet.

It remains to be seen is whether the Delegate races will have to be held again in 2022 (meaning that they would run three years in a row) or if they will wait until 2023 to utilize the new maps.

One thing is abundantly clear: the ongoing work of the Commission is unchanged by this delay. Their deadlines are contingent on the arrival of the Census data -- so while the map-drawing part of their job will start later, the process will remain the same. See our timeline to better understand the sequence of events that will unfold once the Commission receives the Census data.

Most importantly, our work does not change.

Virginia’s new redistricting process creates space, for the first time, for individuals and communities to weigh in on the placement of district boundaries. Consideration of public input - including Communities of Interest - provides Virginians an unprecedented opportunity to tell the mapmakers about their communities.

Our job is to enable people to fill that space. Every group working on this issue will be encouraging and empowering voices that have been historically marginalized in the redistricting process to speak up and use every tool at their disposal to advocate for themselves and their neighbors.

These delays have absolutely nothing to do with the language in the amendment that created the bipartisan commission. In fact, any redistricting scenario would be impacted by a delay of this magnitude. This is the case in every state in the nation -- even those without citizen-led commissions. 

There is a bright side to this news: In the midst of an unprecedented global pandemic, engaged Virginians have been banding together to create a path forward for those who want our historic commission’s work to produce fair and representative district maps, and now they will have additional time to make sure this decade’s redistricting is done the right way.

Virginia Mercury: Virginia Almost Definitely Won't Get Census Data In Time To Redraw Maps for 2021

By Graham Moomaw, Feb 12, 2021

Whatever faint hope there was that Virginia would be able to accomplish the 2021 redistricting on schedule disappeared Friday when the U.S. Census Bureau announced all states should expect to get their redistricting data by Sept. 30.

That’s not even close to the timeline Virginia officials said would be necessary to have new House of Delegates district lines in place for summertime primaries and general elections in November.

“It’s just going to be impossible,” said Del. Marcus Simon, D-Fairfax, one of eight lawmakers serving on the newly created Virginia Redistricting Commission.

Because Virginia is one of only two states with elections this year that would normally be held using new maps, some officials had raised the possibility that the bureau might be able to get Virginia’s new population data delivered first. But the bureau said it’s planning to “deliver the data for all states at once” instead of prioritizing states with the most urgent timelines.

“This change has been made because of COVID-19-related shifts in data collection and in the data processing schedule and it enables the Census Bureau to deliver complete and accurate redistricting data in a more timely fashion overall for the states,” the agency said in a news release.

The announcement of a lengthy data delay, caused by pandemic-related difficulties with the census count last year, seems to guarantee that Virginia’s 2021 House elections will be held using existing district lines, but it’s unclear how the state will arrive at that outcome. Officials had tentatively said new maps would have to be drawn by May in order to be implemented effectively for the 2021 election cycle. Even if the data arrives a little before Sept. 30, it would probably be long past the time when Virginia has to make a decision on how to conduct its House elections.

The Virginia Constitution requires the redistricting process to be completed by July 1, an achievable deadline if the census data were coming in around the usual time in February or March. The Constitution doesn’t envision a scenario in which that deadline becomes impossible because the state doesn’t have the information needed to redraw its maps.

“We are acutely aware of the difficulties that this delayed delivery of the redistricting data will cause some states,” James Whitehorne, the chief of the Census Bureau’s redistricting office, said in a blog post. “Some states have statutory or even state constitutional deadlines and processes that they will have to address due to this delay.”

Because the General Assembly is in session, lawmakers may be able to pass a fix declaring that constitutional rule unworkable and laying out a process for this year’s elections. If the state’s lawyers decide it’d be better to have a court rule Virginia can’t follow it’s own Constitution this year, officials may have to seek action from a judge.

The situation also leaves open the possibility that all 100 House seats will be up for election again in 2022, a scenario a court could order as a remedy for the unusual 2021 process.

Because the census’s timeline is so far off what Virginia requires, Simon said, officials can now take their time figuring out what should happen next.

“In some ways, this takes some of the pressure off,” he said.

See the full article here.

Letter to the Virginia Redistricting Commission

To the members of the Virginia Redistricting Commission:

We represent a coalition of organizations who advocate for fair districts, transparency, and public involvement in the redistricting process. We were gratified to see the outpouring of applications from Virginians willing to serve on the Commission and have high expectations for not only the final maps, but also the public and transparent process that will create them.

Though the members of this Commission represent much of the diversity of the Commonwealth, no group of 16 individuals can be sufficiently familiar with every community in order to accurately represent their interests. To that end, the public input mechanisms built into this process are crucial. They alone, however, will not meet the high standards we believe Virginians expect in this newly transparent process. Therefore, our coalition seeks to supplement the outreach done by the Commission in order to facilitate broader, meaningful public engagement. 

Because communities of interest are now legally required to be taken into account when drawing district lines, it is imperative that the public is able to effectively communicate to the Commission what they believe their communities of interest are. This Commission and the surrounding reforms have created space for unprecedented public involvement, and we are committed to ensuring that involvement takes place.

Using public community mapping tools - created by the Princeton Gerrymandering Project (available at representable.org and explained at gerrymander.princeton.edu/virginia-report) and the Metric Geometry and Gerrymandering Group at Tufts University (available at districtr.org) - we seek to provide community members with the tools to submit quantitative recommendations to the Commission. Individuals will use these tools to precisely show the boundaries of their communities and their ideal districts to accurately represent their communities’ interests. We will also host numerous virtual events to collect public input and we plan to invite all Commissioners to participate in hopes you will take the opportunity to attend.  

We stand ready to assist, to engage, to educate, and to participate in this historic process. Together, we will ensure the most public, transparent redistricting process Virginia has ever seen and to deliver the most accurate, community-based legislative districts that residents of the Commonwealth so rightly deserve.

Sincerely,

Kathay Feng, National Redistricting and Representation Director, Common Cause
Michael Futrell, President, National Black Nonpartisan Redistricting Organization
Natalie Snider, State Advocacy Director, AARP Virginia
Phillip Thomson, Executive Director, National Black Nonpartisan Redistricting Organization
Deb Wake, President, League of Women Voters of Virginia
Samuel Wang, Princeton Gerrymandering Project
Liz White, Executive Director, OneVirginia2021

DCist: Late Census Data Will Delay Election-Year Redistricting In Virginia

By Daniella Cheslow Feb 1, 2021

Virginia is almost certain to miss its timeline for redistricting ahead of this year’s General Assembly elections after the U.S. Census Bureau announced a months-long delay in releasing its final numbers.

“We can’t really start to draw maps in Virginia for our districts until we get that redistricting data,” said Del. Marcus Simon (D-Falls Church), who is one of eight lawmakers appointed to a new state redistricting committee, alongside eight citizens.

Kathleen Styles, the chief of Decennial Communications and Stakeholder Relations for the U.S. Census Bureau, told a call of the National Conference of State Legislatures last week that her bureau would not meet its deadlines. She said apportionment data — used to determine the states’ number of congressional seats — would be delivered by April 30 instead of in January as originally scheduled. Redistricting data, which is the granular data used to draw the state and local government districts, would be delayed from March to July 2021, at the earliest.

Styles said that the delay was due to COVID-19 and an aggressive hurricane season and wildfires in the western states, as well as civil unrest stemming from racial justice protests and legal challenges to the census operation.

“March 18, we did our first shutdown in the field, where we pulled back our staff,” she said.

Simon said the delays would be especially challenging because Virginia and New Jersey typically receive their data a few weeks earlier than other states to account for their off-year statewide elections. This year, every member of Virginia’s House of Delegates is up for election, as is the governor, lieutenant governor, and attorney general.

“Normally, we’d be expecting to get our census data in Virginia in the next two weeks or so,” he said. “It usually comes in about mid-February in the year following the census.”

The delay comes as Virginia was poised to redraw its voting maps for the first time using a newly installed bipartisan panel. Until now, lawmakers alone were responsible for drawing the voting maps, in a process that frequently triggered lawsuits. In 2019, a federal court ordered that several Republican-drawn districts be changed due to racial gerrymandering.

In November, voters approved a constitutional amendment that created the bipartisan redistricting panel. The panel convened for the first time in January and would have drawn new maps that would have stood for a decade. Now, voters will go to the polls to choose the members of the House of Delegates based on old district maps.

Brian Cannon, a longtime proponent of redistricting reform and the outgoing executive director of the OneVirginia2021 organization, said the delay was unfortunate.

“It’s not a state problem, it’s obviously a federal and a COVID problem,” he said.

He said “it looks almost impossible” the House of Delegates members would run in new districts; however, he touted the court rulings from two years ago that caused 11 districts to be redrawn, ultimately creating change in several neighboring districts as well.

“The good news is the courts have stepped in to undo the racial gerrymandering from 2011 and to make the districts much more reflective of Virginia,” he said. “The lines aren’t quite as stale as they might have otherwise been.” 

See the story here.

Richmond Times-Dispatch: Census delays likely to blow up the state's redistricting timeline

By Mel Leonor, Jan 28, 2021

Census delays are squeezing Virginia’s timeline for reapportioning its House of Delegate seats in time for the fall elections, when all 100 seats will be up for grabs.

U.S. Census Bureau officials said this week that reapportionment data needed to redraw political boundaries will not be delivered before July 31 — weeks after the state’s scheduled June primary and just 94 days before the fall elections.

If the data arrives after July 31, Sen. George Barker, D-Fairfax and Del. Marcus Simon, D-Fairfax, members of the state’s new redistricting commission, said House lawmakers would be forced to run this fall under the current maps, which the courts updated in 2019.

If lawmakers run in the current districts, the state would have two options: ask delegates to run again under new maps in a 2022 special election and then again in 2023, or keep the districts as they are until the next regularly scheduled House elections in 2023.

In a call with state leaders from across the country Wednesday, U.S. Census Bureau official Kathleen Styles said delays largely related to the pandemic will push back reapportionment data from its planned March 31 timeline to late July or later.

“We don’t have a final date yet,” Styles said. “But … I would like to sort of plant a bug in your ears, not to assume that you will be able to get redistricting data by July 31.”

Read more here.

AP: Virginia unlikely to see major changes in redistricting

By Matthew Barakat, Jan 22, 2021

FALLS CHURCH, Va. (AP) — A relatively static population means Virginia’s legislative maps will be less affected by redistricting than any time since World War II, according to a leading member of the state’s new redistricting commission.

Sen. George Barker, D-Fairfax, told commission members at their first meeting Thursday evening that preliminary data show northern Virginia in line for a modest increase, and communities on the North Carolina border losing some representation, but nothing like the upheaval from past decades, when northern Virginia was home to some of the fastest growing suburbs in the country.

The relative stability in population means that redrawing the legislative boundaries “will not be as difficult to do as in the past when there have been these radical shifts,” Barker said.

Barker is one of 16 members on the newly created Virginia Redistricting Commission. Voters established the commission in a referendum last fall. It takes the once-a-decade process of redrawing legislative boundaries for Congress and the state Legislature out of the General Assembly’s hands in hopes of reducing partisan gerrymandering.

In an interview Friday, another commission member, Del. Marcus Simon, D-Fairfax, said that while population shifts might not be significant, that won’t automatically translate to a simpler job for the commission. He said the commission is tasked with drawing fair lines under criteria very different from the partisan motivations that drove past redistricting.

“The old maps were drawn on old criteria,” he said.

The 16-member commission is comprised of equal numbers of Democrats and Republicans. It includes eight legislators and eight citizens nominated by legislators.

The commission faces a daunting task in drawing new lines, given the fact that Virginia is one of only two states that has state legislative races in 2021.

The lines can’t be redrawn until new census data is provided to ensure that the state’s population is evenly distributed among the districts.

In past decades, the Census Bureau has given Virginia and New Jersey, the other state with 2021 legislative races, an early release of population data so the new lines can be drawn in time.

This year, though, census data has been delayed by lawsuits, difficulties completing the count during the coronavirus pandemic and battles over whether the census should address citizenship issues. That has called into question whether the new lines can be drawn in time for primary elections in the summer and the general election in November.

A legislative attorney assigned to work with the redistricting commission told the committee it was “not likely” the commission could complete its work in time to meet deadlines for new districts in the 2021 election.

Barker, who played a key role in drawing the state Senate maps in 2010, provided some hope it could be done. He told the commission that a member of President Joe Biden’s transition team reached out to him. He said the Biden team is well aware of Virginia’s needs, and he urged the feds to provide Virginia its full data by mid-April to early May, if possible.

Simon, though, was pessimistic about meeting the timeline that would be required to allow elections this year under new boundaries. He said Barker “is the only person I’ve spoken with who is optimistic about getting the census data in time.”

Once the commission receives the needed census data, it is supposed to draw the new boundaries within 45 days.Click here to view the full article.

Summary of the first meeting of the Virginia Redistricting Commission

The 8 citizen members and 8 legislative members of the Virginia Redistricting Commission met for the first time last night, January 21st, for just over an hour and a half where they introduced themselves and expressed their excitement to be contributing to a fair, balanced and impartial redistricting process. For their first order of business, Senator McDougle (SD-4), moved to allow for two citizen co-chairs - one from each party. Senator Barker (SD-39) seconded the motion, and the Commission proceeded to unanimously elect Greta Harris, a Democrat from Richmond, and Mackenzie Babichenko, a Republican from Mechanicsville, after citizen commissioner James Abrenio confirmed the legality of such action with the Department of Legislative Services (DLS).

Meg Lamb, the senior attorney for DLS then spoke to the commission about the delay of census data delivery. She reported that the 2020 census data would likely not be delivered until late summer or early fall, making it unlikely that new districts will be drawn in time for the 2021 elections. In years where new districts are drawn, the primaries are typically moved to August. However, because new districts are unlikely to be ready in time, the 2021 primaries are currently scheduled for June. Senator Barker suggested that in the interim before the data is delivered, the commission can begin its work using preliminary data, noting that population shifts in Virginia haven’t been as large as in the recent past. 

The majority of the other items discussed during the meeting revolved around logistics and support for the commission. Lamb mentioned that the General Assembly entered into a contract to use the software package Citygate GIS for the commission’s work due to their Virginia-specific expertise. She also noted that the commission can hire attorneys and consultants to assist with legal, technological, and other matters. A number of citizen commissioners requested guidance about the redistricting process, to which Lamb answered that all commissioners will be receiving a copy of the “Red Book” from the National Conference of State Legislatures. The laws surrounding confidentiality and public engagement also drew significant interest from both citizen and legislative commissioners. DLS will be providing much guidance for the commission until outside support can be brought in and many of these details are sure to be discussed in more detail at the next meeting. 

While much is in the process of being ironed out, this historic meeting set a precedent for bipartisan cooperation and we appreciate all the support being offered by DLS. The Virginia Redistricting Commission belongs to all Virginians, and OneVirginia2021 is looking forward to learning how to best and effectively engage the public in the commission's work. Check out our events tab to learn more about future redistricting workshops and meetings!

Virginia Mercury: Va. Redistricting Commission starts on bipartisan note, but census delays add uncertainty

By Graham Moomaw Jan 21, 2021

Out of an abundance of bipartisanship, members of the newly created Virginia Redistricting Commission didn’t want to pick just one chairperson at its first meeting Thursday.

They picked two citizen chairwomen, Democrat Greta Harris and Republican Mackenzie Babichenko, with an agreement to have them alternate running the meetings.

“I think that way we’ll have a balanced approach moving forward,” said Sen. George Barker, D-Fairfax, one of the architects of the 16-member commission that will be redrawing Virginia’s congressional and legislative maps for the first time.

The bipartisan commission is made up of eight sitting legislators and eight citizen members, who were nominated by General Assembly leaders and picked by a panel of retired judges.

Harris is the president and CEO of the Better Housing Coalition, a community development nonprofit in Richmond. Babichenko is an assistant prosecutor in Hanover County.

When the map-drawing process will happen is a major question looming over Virginia politics this year, one that will shape how the 2021 House of Delegates races play out in the summer and fall. Virginia can’t redraw it’s maps until it receives new U.S. Census data, but difficulties related to the COVID-19 pandemic mean the state may not get that information in time to draw new districts for this year’s elections.

Meg Lamb, a legislative staff attorney handling the technical side of redistricting, told the commissioners that the U.S. Senate, now under Democratic control, is considering legislation pushing the deadline for delivering data to the states from April 30 to July 31. Once the data arrives, the commission has 45 days to draw new legislative maps.

With that in mind, Lamb said, it’s “not likely” new maps could be drawn and implemented in time for House primaries in late August or early September.

“So we’ll get to spend a lot of time together this year and probably some of next,” Lamb said.

If new maps can’t be drawn in time, this year’s House elections will likely be held using the current districts. Special elections on the new maps could potentially be held next year, with another round of regular elections in 2023.

Offering a glimmer of hope, Barker said he’s been in touch with someone in President Joe Biden’s incoming administration about Virginia’s urgent need for clarity on the census timeline.

“He does not have concrete information yet in terms of sort of the clear range of possible times in which the information might be supplied,” Barker said. “I did argue for them making every effort to have it done some time in April.”

Lamb said many in the redistricting field are expecting “very much a later summer, early fall data delivery.”

Only Virginia and New Jersey have elections this year that require new maps to be in place.

In redistricting years, the General Assembly usually passes a bill pushing legislative primaries from June to August. That hasn’t been done in the legislative session that began last week because lawmakers don’t even know that timeline is possible, but Barker said the legislature could insert language into the budget to accomplish the same thing.

Apart from the scheduling challenge, commissioners mainly used their first meeting to introduce themselves and discuss organization, talking over the possibility of hiring outside consultants and lawyers, training for the eight citizen members who are new to the process and even whether chat messages should or shouldn’t be allowed to pop up on screen during their virtual meetings.

The commissioners were reminded that the law prevents them from discussing redistricting matters with any outside party, but it wasn’t entirely clear if that meant they also couldn’t speak to reporters covering the process.

“Don’t talk to the press yet,” Lamb said. “We will come up with something for you all.”

Del. Marcus Simon, D-Fairfax, one of the most vocal opponents of the commission concept when it was approved by the General Assembly and voters last year but was nevertheless selected for one of the eight seats for legislators, tried to take an optimistic tone as the meeting began, saying “I hope that I was wrong about everything I predicted and that things go really well.”

But he pushed back when three of the commission’s four senators, who were all addressing the meeting from the same camera, began talking about a list of specific lawyers the commission might hire.

“I thought this was a citizen-led commission,” Simon said. “I’m hearing a lot of leading coming from the small box with the senators in it.”

Sen. Steve Newman, R-Lynchburg, said the list was a suggestion for later, not something the commission was being asked to approve immediately.

The status of Republican commissioner Jose Feliciano Jr. was not raised at the meeting. Some Democrats are calling for him to be removed from the commission over old social media posts in which he tweeted slurs at female celebrities who had criticized President Donald Trump. Feliciano has said he regrets some of his language, but doesn’t think it should disqualify him from serving.

House Democrats were preparing to introduce legislation creating a mechanism for the removal of commission members, but Feliciano’s colleagues have given no indication they intend to do so.

Click here to view this story.

AP: Citizens chosen for Virginia bipartisan redistricting panel

Jan 6, 2021

RICHMOND, Va. (AP) — A panel of judges has selected eight citizens who will join eight legislators on a bipartisan commission that will redraw Virginia’s legislative boundaries for the next decade.

A referendum approved by voters in November creates the 16-member commission to draw lines for Virginia’s seats in Congress and the General Assembly.

The judges selected four names each from lists submitted by Democratic and Republican legislative leaders.

The panel of judges was tasked under the law with selecting members to reflect racial, ethnic, gender and geographical diversity.

Six of the eight are men. The panel includes African American, Hispanic, Asian American and biracial members.

The judges made sure to include representatives from Southside and far southwest Virginia — areas that may well lose representation because of population surges in northern Virginia — but no applicants from the Shenandoah Valley and Roanoke area were selected.

The Roanoke area will have representation on the panel from Lynchburg Republican Steve Newman, who is one of the eight legislators already appointed to the commission.

The eight citizens chosen by the judges at Tuesday’s meeting are Greta Harris, Richmond; Sean Kumar, Alexandria; Mackenzie Babichenko, Mechanicsville; Jose A. Feliciano, Jr., Fredericksburg; James Abrenio, Fairfax; Brandon Hutchins, Virginia Beach; Marvin Gilliam, Bristol; and Richard Harrell, South Boston.

Click here to see the full article.

Virginia Mercury: Retired judges pick eight citizen members for Virginia redistricting commission

By Graham Moomaw Jan 6, 2021

A panel of retired judges on Wednesday picked the eight Virginia citizens who will serve on the state’s new redistricting commission, finalizing the group that will handle the important task of redrawing the state’s political maps when new U.S. Census data arrives.

The judges spent hours trying to solve the puzzle of winnowing more than 60 finalists down to eight people who, by law, were supposed to represent Virginia’s geographic, racial and gender diversity.

“We’ve got to check a number of boxes here,” said retired Judge Pamela Baskervill, who chaired the five-judge panel assembled to choose the citizen members.

More than 1,200 people applied for the eight seats late last year. But the judges could only pick from four lists of 16 finalists submitted by four legislative leaders in the General Assembly.

The judges picked six men and two women to fill the eight citizen seats on the 16-member commission.

Four of the chosen members are White (three non-Hispanic and one Hispanic), two are Black, one is Asian American and one is multi-racial. 

Three of the members are from Northern Virginia and two are from the Richmond area. Southwest Virginia, Southside and Hampton Roads will each have one citizen representative on the commission.

The group includes four self-identified Democrats and four who identified as Republicans.

The selected citizen members are:

Nominees of Senate President Pro Tempore Louise Lucas, D-Portsmouth:

  • James Abrenio, 37, of Fairfax, a trial lawyer.

  • Sean S. Kumar, 41, of Alexandria, a strategic advisor and lawyer.

Nominees of House Speaker Eileen Filler-Corn, D-Fairfax:

  • Brandon Christopher Hutchins, 39, of Virginia Beach, a military veteran and health care professional.

  • Greta J. Harris, 60, of Richmond, president and CEO of the Better Housing Coalition.

Nominees of Senate Minority Leader Tommy Norment, R-James City:

  • Marvin W. Gilliam Jr., 64, of Bristol, a retired coal mining executive.

  • Richard O. Harrell III, 74, of South Boston, a trucking executive.

Nominees of House Minority Leader Todd Gilbert, R-Shenandoah:

  • Jose A. Feliciano Jr., 52, of Fredericksburg, a military veteran and federal agent with the FCC’s public safety bureau.

  • Mackenzie K. Babichenko, 36, of Mechanicsville, an assistant prosecutor in Hanover County.

(Note: Some applicants were nominated as finalists by multiple legislative leaders, but the judges had to pick two from each leader’s list.)

The other eight seats on the commission will be filled by sitting state legislators.

The commission, approved by voters in a ballot referendum last year, will soon get to work preparing to redraw Virginia’s legislative and congressional districts, a process previously handled wholly by the General Assembly. Because of uncertainty surrounding the 2020 Census data, the exact timeline for the commission’s work is unclear. New maps are supposed to be in place in time for House of Delegates elections this November, but Census delays may make it impossible to redraw the districts in time.

Whenever the state receives solid data on population shifts, the commission’s decisions could impact the partisan tilt of the statehouse and the congressional delegation for the next decade.

Critics of the commission proposal warned that it lacked adequate provisions to ensure a diverse group of people would be at the table for the next redistricting process. But diversity seemed to be a top priority for the judges, with their discussion centering more on whether they were achieving the right balance rather than the backgrounds and qualifications of specific applicants.

Comparing notes on which candidates stood out to them, the judges initially narrowed the finalists down to a group of 19. They then realized their shortlist lacked any Hispanic applicants and didn’t include anyone from the Eastern Shore/Northern Neck region. The panel made a point of adding at least one Hispanic applicant (Feliciano) after retired retired Judge Larry B. Kirksey said he was troubled by the lack of Hispanic representation. But several judges said it was nearly impossible to create a perfectly representative commission given their limited options for just eight slots.

“’We can only work with the list of folks that came to us from the members of the General Assembly,” said retired Judge Joanne F. Alper. “We didn’t have access to the whole 1,200.”

Alper said she felt it was important to include at least one member from the Southside and Southwest regions, even though their shortlist only included White men from those areas.

“You need somebody at least that has some knowledge of that region,” she said.

Some progressives had raised alarms that the pool of applicants was disproportionately White and wealthy, pointing to an analysis by the Virginia Public Access Project.

The application process was open to everyone willing to fill out the form and provide three reference letters, but the judges also grappled with strict, General Assembly-imposed limitations on who was eligible to serve.

To prevent cronyism, the legislature passed rules barring political aides, lobbyists, partisan operatives and family members of elected officials from serving on the commission. But those rules also forced the judges to reluctantly strike one applicant whose wife previously worked on Capitol Hill.

Several judges said they were impressed by both the quantity and quality of the applicants interested in serving on the commission.

“I’m just amazed by the diversity, the energy, the brilliance,” said Kirksey.  “Not just brightness. There is brilliance on this list.”

Click here to read the full article.

Virginian-Pilot: A diverse group will help draw Virginia's new political maps

By Gordon Rago Jan 6, 2021

A Virginia Beach Navy veteran is among the eight citizens who will join eight legislators on a bipartisan commission that will redraw Virginia’s legislative boundaries for the next decade.

Brandon Hutchins found out Wednesday as he watched a livestream from his new home in Virginia Beach.

The 39-year-old thinks his diverse background in the military, healthcare and owning a small business will help him in the new role.

“I think that I can help make sure that this process is done in an equitable fashion,” Hutchins said when reached Wednesday afternoon.

A referendum approved by voters in November creates the 16-member commission to draw lines for Virginia’s seats in Congress and the General Assembly.

The judges selected four names each from lists submitted by Democratic and Republican legislative leaders.

The panel of judges was tasked under the law with selecting members to reflect racial, ethnic, gender and geographical diversity.

The roughly 1,200 volunteers who put their names in to represent average Virginians on the panel were disproportionately white, rich, older and male in a state with many young, female Black and brown voters. Experts worried that would lead to a panel that doesn’t fully reflect the state.

But only four of the eight chosen Wednesday are white. Six of the eight are men. The panel includes African American, Hispanic, Asian American and biracial members.

Hutchins, originally of Richmond, is the only Black man on the commission. He hopes he can provide a different perspective and “do the right thing” when it comes to drawing lines fairly.

“These lines were supposed to be drawn fairly,” he said. “That hasn’t been the case. We need to look at how all of those districts are drawn and make them as fair as possible as a group.”

Hutchins, who ran for a seat on Virginia Beach City Council this year, came out of the Navy after 11 years to work in healthcare. He’s currently a network support consultant for Anthem. He and his wife also own Salon Haven, a hair salon in Virginia Beach. He also sits on the board of the Virginia Beach Community Development Corporation.

The judges made sure to include representatives from Southside and far southwest Virginia — areas that may well lose representation because of population surges in northern Virginia — but no applicants from the Shenandoah Valley and Roanoke area were selected.

The Roanoke area will have representation on the panel from Lynchburg Republican Steve Newman, who is one of the eight legislators already appointed to the commission.

The other citizens chosen by the judges are Greta Harris of Richmond, Sean Kumar of Alexandria, Mackenzie Babichenko of Mechanicsville, Jose A. Feliciano Jr. of Fredericksburg, James Abrenio of Fairfax, Marvin Gilliam of Bristol and Richard Harrell of South Boston.

Click here to read the full story.

Statement from OneVirginia2021 on the Selection of the Virginia Redistricting Commission's Citizen Members

Earlier today, eight Virginia citizens were selected to serve their Commonwealth as members of the very first bipartisan redistricting commission in our state’s history. 

We would first like to thank the over 1,200 individuals who submitted their applications to exercise their newfound right to have a direct influence on this important process.

Our organization is also grateful to the Department of Legislative Services for their efforts in processing the applications, and to the selection committee who thoughtfully considered these candidates over the past days and weeks. We echo the many comments made by the panelists on the high caliber of applicants. 

We found today’s public meeting to be thorough, fair and deliberative, and we were particularly gratified that the discussions were squarely focused on making the commission diverse in terms of geography, racial background, ethnicity and gender identity. 

OneVirginia2021 is pleased with the final makeup of the Virginia Redistricting Commission. These 16 individuals represent the Commonwealth’s demographic makeup in many significant ways -- from BIPOC representation to a range of ages represented to commissioners from every corner of Virginia. 

And although we would have liked a more even split of commissioners in terms of gender identity, we recognize that no group of 16 can fully represent every community. In the end, this commission will be the most diverse group of people to ever redraw district lines in Virginia’s history. 

Now that the public input phase has begun, our focus turns to ensuring that this commission hears from as many voices as possible and that we work to empower communities to be involved with every aspect of the redistricting decisions to come.

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