Over 80,000 Virginians will lose representation today - and it was entirely avoidable.
As a result of the January 10th special election, Delegate Jennifer McClellan (D-71) will be sworn into the state Senate as the representative of the 9th District. The people of McClellan’s House District 71, however, will be stuck without any representation in the House of Delegates. For how long, you may wonder?
Ask a Republican.
In particular, ask Republican Speaker Howell. § 24.2-216 of the Virginia Code states that if a vacancy occurs while the General Assembly is in session, "the Speaker of the House of Delegates or President pro tempore of the Senate as the case may be, shall issue the writ [of election] unless the respective house by rule or resolution shall provide otherwise."
In an interview with the Richmond Times Dispatch, Speaker Howell claims the election will be held “before the session’s end,” yet he reminds us of the reality of elections: “I don’t want it to wait too long but by the same token you can’t do it in a couple of days.” For those of you inclined to trust Speaker Howell to move expediently on behalf of the citizens (mostly Democrats) of the 71st, consider another detail. After McClellan is sworn into the state Senate, the House will be a body of 99. And Republicans have precisely 66 votes - a veto overriding supermajority.
It’s true that by the time the House convenes for the April “veto session,” the 71st will likely have an elected Democratic delegate. We all know the Senate won’t be overriding any vetoes, as Democrats hold 19 of those 40 seats. Richmond School Board member Jeff Bourne has already announced his candidacy for the seat - but a candidate, no matter how qualified, is not a sitting delegate with voting rights.
What could possibly explain this fundamentally undemocratic reality: over 80,000 citizens lack House representation for an unknown portion of an approximately 45 day session.
We don’t know how to explain the situation. McClellan was running against an idiosyncratic Libertarian rapper in a safe Democratic Senate district. The district covers parts of Henrico, Richmond, Hanover, and Charles City. McEachin routinely won in SD9 with over 80% of the vote, Senator Mark Warner won the district in 2014 with 71.6%, and Governor Terry McAuliffe won in 2013 with 68.8%. McClellan announced her run on November 14th - and had she resigned her House seat anytime between then and January 10th, Governor McAuliffe would have had the authority to issue the writ of election to fill her seat.
Neither of those events occurred. So we have to ask: what happened and, more importantly, what is happening? To some this may be Virginia politics as usual, a potential job opportunity, or a political inconvenience. When it comes to tens of thousands of citizens losing representation, the explanation must be exceptional. The only hint we’ve found in the press is McClellan’s statement to the Richmond Times Dispatch that she “wanted to take nothing for granted.”
We humbly suggest that the people of the 71st took House representation for granted, and they might have believed that - as another safe Democratic district - the Democratic Party would look out for their interests. But the burden has been passed on to the Republican Speaker: he decides whether or not they’ll be represented in the House this year, and for how long.
Contact Speaker Howell and ask him to issue the writ of election:
Website
Capitol Phone: (804) 698-1028
District Phone: (540) 371-1612
Email: DelWHowell@house.virginia.gov
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Richmond Times-Dispatch [11.22.16] “McClellan’s path to state Senate clears, McEachin submits resignation on way to Congress.”
The Roanoke Times [12.16.16] “After ‘devastating’ 2016 election, McClellan plans next political chapter.”
Richmond Times-Dispatch [12.29.16]: “Bourne tops list of possible contenders for possibly open Richmond-area House seat.”
WTVR [1.11.17] “School Board Chairman Jeff Bourne announces campaign for delegate seat.”