The Virginia Redistricting Commission September 15 unanimously approved consensus instructions to its two map drawers on three items for which they had sought guidance, but continued to split along partisan lines regarding directions for creating minority-opportunity districts.
The votes came as the commission’s map makers each prepare their statewide maps of State Senate and House districts. That work is expected to be completed by September 17, giving the commission time to review the maps before its next meeting at 8 a.m. on Monday September 20. By then, the commission will also have more details about public comments that have been made to date, which, it was told, number in the “thousands.” The comments are now being organized into a data base by the commission’s communications and outreach consultants; as of September 17, commissioners will be able to run reports to review comments directed to a particular issue or region. Those reports will then be made part of the public record. Additional improvements to the commission’s website are scheduled to be made in the coming weeks. The commission is scheduled to start virtual public hearings on its modified proposed maps on October 4.
The commission began its latest meeting by discussing consensus instructions prepared by its partisan counsels on questions related to defining political subdivisions, political neutrality and communities of interest. Ultimately, all three positions were approved with a few small changes, but not before commission members provided perspectives reflecting the differences in the urban and rural communities they represent or where they live.
New language to provide guidance on creating so-called “coalition districts,” was not proposed, it was explained, because the counsels could not reach agreement on their advice. The U.S. Supreme Court has ruled on impermissible “racial gerrymandering,” but has not yet reviewed a case involving coalition districts, where one or more minority groups live close together and support the same candidates, creating a potential majority. Lower circuit courts have split on the issue, but some of those decisions date from the 1990s. Republican commission members, in particular, worried that providing the instructions the Democrats sought would make the commission’s maps more vulnerable to legal challenge.
But Democratic members were not content to simply ignore the issue, and forced another vote. In the end, the practical outcome was the same as it had been two days before.
Del. Marcus Simon (D-Falls Church) began by noting that that issue had not been brought back for a review, and said, “It seems like we have decided that on the question of giving map drawers guidance on the Voting Rights Act, we are at a hopeless impasse.” Simon asked whether the vote should be revisited. “I don’t want to let it go by. A decision not to decide is a statement. . . .”