A short but important Alert for progressive and Democratic voters in Virginia. In addition to the big federal offices (President, Senate, and Congress), and perhaps local offices, bond issuance approvals,and the like, there are two Virginia constitutional amendments on the ballot. The second gives a tax break to disabled veterans and is noncontroversial. But the first, dealing with redistricting, is a Trojan horse that must be defeated. This proposed amendment is being sold as an anti-gerrymandering provision, but in reality it would cripple our ability to correct the atrocious Republican gerrymander that we’ve suffered under for the last ten years, and would preserve partisan gerrymandering. This flawed amendment has garnered very little publicity, and is being deceptively promoted as a good government initiative, so I wanted to get the word out to fellow Virginia voters.
Amendment 1, in the name of redistricting reform, would create a new redistricting commission, comprised of 4 democratic legislators, 4 republican legislators, and 8 legislator-proposed “citizens.” This body would meet (not necessarily in public) and hash out new state delegate, state senate, and congressional districts. The redistricting commission's maps would be filed with the General Assembly, which would vote to pass the maps into law or reject them. The General Assembly would be prohibited from amending the maps. If the General Assembly rejected a map, the redistricting commission would design a new map. If the map were rejected again, the Virginia Supreme Court — currently with a Republican majority — would step in establish the districts. Under the current system the Governor can veto maps drawn by the legislature, but under this proposal the Governor would have no input.
It will probably amaze you that Republicans, who drew abusive gerrymandered maps in 2011 at the last redistricting, have suddenly been converted to the cause of good government and “nonpartisan” legislative maps; it would amaze you because it’s not true, though that’s what the cynical Republicans would have you believe. The real reason for their conversion, of course, is that in 2018 the Democrats regained control of both houses of the state legislature, for the first time in a generation. The Democrats finally have an opportunity to correct the flawed Republican gerrymander — and maybe get some payback, as well. Of course we can’t have that, let’s get politics out of it — heaven forbid the Democrats finally get to exert some power!
But on top of the political issue, even if this proposal were made in good faith, it is fatally flawed. Far from getting partisan politics out of the equation, it enshrines partisanship. Legislators will remain in charge of drawing lines, and the General Assembly will still be in control of setting the criteria for districts. The commission will by definition be partisan, not independent and nonpartisan. Legislators will still have a strong incentive to adopt backroom deals designed to scratch each others’ backs by creating safe seats for each other. There are no guidelines for fair districts, including no mention of protecting minority rights, keeping districts compact, and so forth.
To make matters worse, the new Democratic majority has already passed legislation aimed at protecting minority rights and fairness in the redistricting process. This legislation will be moot if the amendment is adopted. They have also proposed redistricting reform legislation for the next session, which would establish a truly independent commission, comprised of citizens with no connection to legislators, to draw the districts — far superior to the flawed system that would be adopted under proposed Amendment 1. This proposed legislation will also be moot if Amendment 1 is adopted, because a constitutional provision would override the proposed legislative fix.
In summary, Virginia voters should vote NO on Amendment 1, because it would steal power from our Democratic legislators and Governor. Moreover, even on its own terms it is fatally flawed, as it will perpetuate partisan backroom deals, the opposite of what it is supposedly intended to accomplish.