Rappahannock News

The case for fair redistrict­ing in Virginia

‘James Madison faced gerrymande­ring . . . even before the word was invented’

- By Kit GoldfaRB Special to the Rappahanno­ck News

The topic of fair redistrict­ing is top of mind for many in Rappahanno­ck, as exhibited by the standing room only gathering at the home of Nancy and Dick Raines on Saturday night.

Nearly 100 people gathered to hear Rappahanno­ck residents Paul Smith, Vice President, Litigation and Strategy, at the Campaign Legal Center (CLC); Leslie Cockburn, 2018 Democratic candidate for Virginia’s 5th Congressio­nal

District; and Brian Cannon, Executive Director of OneVirgini­a2021.

CLC is a non-partisan, nonprofit organizati­on dedicated to protecting and strengthen­ing the U.S. democratic process, including fair redistrict­ing and fighting to end gerrymande­ring. OneVirgini­a2021 is a leader in advocating for fair redistrict­ing in Virginia. The event was a fundraiser for the organizati­ons.

In order to reflect the changes in population, voting districts are redrawn by each state every ten years based on the census. Gerrymande­ring is the process of drawing voting districts in a way that gives an unfair advantage to the party in control of the state legislatur­e. Smith provided insights into the ongoing efforts to end gerrymande­ring and ensure fair redistrict­ing throughout the country. He explained that fair redistrict­ing is supported by both the 1st and the 14th Amendments to the Constituti­on: the former protects free speech and points of view and the latter guarantees equal protection.

To illustrate how gerrymande­ring damages true voter representa­tion, he cited two cases in which he and CLC were involved. The first was Gill v. Whitford, the Wisconsin case against partisan gerrymande­ring he argued before the Supreme Court last year.

“The Wisconsin gerrymande­r was very effective,” Smith explained. “Even when Democrats received over 50 percent of the votes, they have received only 36-37 percent of the seats statewide. The result has been public policy that is far more conservati­ve than what Wisconsin voters have historical­ly supported.” He added that no definitive decision was reached and the case will be heard again later this year.

The second case involves the North Carolina congressio­nal map, which was drawn in 2016. In drawing that map, the Republican chair of the redistrict­ing committee openly stated that the map should be drawn so that there would be 10 Republican­s and three Democrats. The North Carolina case will come before the Supreme Court on March 26th, the same day the Maryland Democratic gerrymande­ring case will be heard.

Smith said five states have passed ballot measures for fair redistrict­ing in 2018, and CLC worked on all five.

Cannon turned the discussion to districts in Virginia, which are currently drawn by the Virginia General Assembly and result in heavily gerrymande­red districts, including Rappahanno­ck’s congressio­nal and state districts.

“Polls show that 78 percent of all Virginians support fair redistrict­ing, including 88 percent of self-identified Democrats and 73 percent of selfidenti­fied Republican­s. The only ones against,” he noted, “are lawmakers in the capital in Richmond.”

Unlike other states that are fairly receptive to citizenini­tiated referenda passing state constituti­onal amendments establishi­ng independen­t commission­s, Virginia requires that a constituti­onal amendment go through a complex, multi-year process that involves passing legislatio­n this year and next year in order to get on the ballot in 2020. If passed, this legislatio­n will determine the next redistrict­ing in 2021 — before the 2021 elections.

There are currently two plans being debated in Richmond, a House plan and a Senate plan. Both have moved from their originatin­g chamber to the other, and the process starts over again — from committee meetings to possible changes in the language.

Cannon explained that “the Senate plan would create a hybrid commission of both citizens and legislator­s (8 of each) and would signify the first time in Virginia’s history that citizens would have a significan­t voice in the redistrict­ing process.”

The House plan prohibits legislator­s from drawing their own lines and currently includes clear rules that keep communitie­s together; however, it lacks provisions that require transparen­cy of commission meetings and language that prohibits the use of partisan data to draw the maps. Further, the process to select the members of the final commission is not nearly as rigorous and vetted as the Senate plan. Cannon urged attendees to call both Rappahanno­ck’s State Senator Mark Obenshain to thank him for his support and Delegate Michael Webert to urge his support.

Cockburn followed by sharing her personal experience­s and observatio­ns from her congressio­nal campaign. She stressed that fair redistrict­ing is the most important issue we can address. The size of the 5th Congressio­nal District — larger than the state of New Jersey — makes it very difficult for any candidate to campaign. Additional­ly, she stated, “before the 2011 redistrict­ing, there were more Democrats in the 5th. After the 2011 redistrict­ing, the removal of Martinsvil­le and addition of Fauquier changed that and Tom Perriello, who was elected before 2011, was the last Democrat to win the 5th congressio­nal seat.”

Cockburn pointed out that Virginia has a long history of gerrymande­ring. James Madison faced gerrymande­ring when he ran for the 5th in the first congressio­nal race in the state, even before the word was invented. Patrick Henry, then governor of Virginia, wanted to ensure his enemy Madison’s defeat in the race against James Monroe, so Henry added two anti-federalist counties, Fluvanna and Goochland.

“Madison tirelessly rode the district with frostbite and enlisted the support of the Baptists, who threw their votes his way with a promise from him to draw up a Bill of Rights,” said Cockburn. Despite Henry’s efforts, Madison won.

 ?? BY NANCY RAINES ?? A crowd of nearly 100 people showed up in Rappahanno­ck County to hear about efforts to end gerrymande­ring in Virginia.
BY NANCY RAINES A crowd of nearly 100 people showed up in Rappahanno­ck County to hear about efforts to end gerrymande­ring in Virginia.

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