Support Amendment 1

Virginia has taken a big step toward addressing its historic issues with racial and partisan gerrymandering, but voters need to close the deal this fall for any progress to be realized.

In February 2019, a proposed constitutional amendment to allow Virginians to have a say in the map-drawing process through the creation of the Virginia Redistricting Commission passed the House of Delegates by a wide margin of 83-15 and the state Senate unanimously. This amendment — Amendment 1 — will be before Virginia voters on the November ballot.

Elections should be determined by voters, not politicians, but far too often they are predetermined by those who hold the pen and power to draw electoral maps. That is why Virginia voters should vote yes on Amendment 1. This constitutional amendment, along with strong enabling legislation, is the best option for creating fairer political maps and increasing inclusion, transparency and accountability in our state’s democracy.

Amendment 1 is not perfect. Still, it would bring meaningful progress and should go into effect before the next round of redistricting takes effect for the upcoming decade.

Critics of the amendment have raised concerns about legislators exerting undue influence over the mapmaking process — whether that be through judges on the Virginia Supreme Court appointed by legislators. intervening when the commission deadlocks, or undermining the ability of everyday citizens to make their voices heard. Some have even suggested that Amendment 1 would enshrine gerrymandering into Virginia’s Constitution.

These criticisms misunderstand how the commission’s structure ensures everyone gets an equal say. Sixteen people would serve on the commission — eight citizens and eight legislators. To approve a map, 12 commissioners would have to support it, including six citizens and six legislators. If two legislators of the same party and legislative chamber opposed a map, it would go to the Virginia Supreme Court.

However, all groups on the commission would have that same veto power. Objections from three everyday citizens or three legislators of either party would also send the mapmaking process to the court. Thus, there are safeguards in place that prevent legislators of one party from hijacking the commission.

It is also important to remember that Amendment 1 marks the beginning of redistricting reform in Virginia, not the end. Further enabling legislation could be signed into law to ensure that the court adhered to key mapmaking criteria and followed an open, transparent process. Last session, a bill that would have put these and other guardrails in place, SB 203, came very close passing, but failed in conference committee. However, if Virginia’s voters approve Amendment 1, legislators will have a stronger incentive to finally iron out the issues that held it up previously.

Even with the details that still need to be worked out, establishing the Virginia Redistricting Commission is better than other solutions the legislature might pursue. These solutions would most likely involve the legislature imposing self- regulatory measures that would fail abysmally. History has shown that the party in power rarely resists the temptation to gerrymander to further its own self- interest.

The people want redistricting reform. A 2019 poll commissioned by Campaign Legal Center found that 65 percent of Americans would prefer congressional districts with no partisan bias, even if it meant fewer seats for their own party. A majority of Democrats, independents and Republicans strongly opposed gerrymandering and valued democratic participation over party affiliation.

Virginians also desire redistricting reform. A December 2019 survey showed that Virginia voters strongly supported the second passage of the redistricting reform constitutional amendment, by a 70- 15 percent margin. According to recent polling, voters want Amendment 1 to pass by a 48-28 percent margin. While the exact percentage may fluctuate, poll after poll makes it clear that voters approve of the fairer mapmaking process that this amendment would create.

A vote for the passage of Amendment 1 is not just a vote for a redistricting commission, but a vote in favor of our state’s entire democracy. The party in power may change, but what should never change is every eligible voter’s ability to have their voice heard and their vote count equally. Racial and partisan gerrymandering have excluded too many Virginians for too long. We must seize on this once- in- a- decade opportunity to draw fairer maps to make Virginia more inclusive, transparent and accountable. A vote for Amendment 1 now will help ensure that every voter can choose what is best for them in perpetuity.

Rappahannock resident Paul Smith, a nationally recognized election law expert and Supreme Court litigator, is the vice president of Campaign Legal Center. CLC is a nonprofit working to advance democracy through law that is partnering with OneVirginia2021 and local partners to advance redistricting reform in Virginia. This column first appeared in The Daily Progress.