House Democrats are putting off a decision to act on a constitutional amendment that would form a bipartisan redistricting commission.
It’s an amendment most Democrats favored last year when they were in the minority, but after taking control of both chambers in November — in time to be in control of drawing the legislative and Congressional districts that last 10 years — they’re not so sure.
In Virginia, the constitution can only be amended if the General Assembly approves the amendment in the exact same form twice, with an election in between. The amendment was first proposed by the GOP last year.
The deadline for the House to vote on its own bill is Thursday, but Jake Rubenstein, a spokesman for House Speaker Eileen Filler-Corn, said the House won’t consider it.
The Senate passed an identical version which now awaits a vote in the House and isn’t subject to the same deadline. The House has until the end of session on March 7 to take that up, but it hasn’t scheduled it for a committee hearing yet.
“We’re still deliberating,” said Del. Schyler VanValkenburg, a Democrat who introduced the legislation this year. “Our caucus is split, that’s no secret.”
That split is a marked change from last year, when all but 13 House Democrats supported the measure. Many campaigned on the issue in 2019, saying this was the only way to end gerrymandering. Then they found themselves in the majority with a Democrat as governor for the first time in a generation and the power to control what the districts look like in a year.
The House could still take up the Senate version of the amendment. Or it could wait to see what the Senate will do with a proposal by Del. Cia Price, D-Newport News, for a bipartisan advisory commission. Her bill, which would still give the final say on districts to legislators if they can’t agree on the commission’s maps, passed in the House with all Republicans voting against it.
Filler-Corn and Del. Lamont Bagby, head of the Virginia Legislative Black Caucus, are endorsing Price’s bill because they say it provides the necessary protections for communities of color who have been historically disenfranchised. Rubenstein confirmed Filler-Corn was working to make sure it passed in the Senate.
“Amending the Constitution of Virginia requires a rigorous process over multiple legislative sessions and demands the utmost prudence and responsibility,” Bagby said in a statement. “We will not rush this process. We will take all the time available to us during the remainder of the legislative session to ensure the best outcome for all Virginians.”
Price’s bill is similar to the originally proposed constitutional amendment that calls for a commission of eight lawmakers and eight citizens. But there’s a key difference. Under the amendment, if lawmakers don’t like the plan the commission comes up with, the map is drawn by the Republican-leaning Virginia Supreme Court. Under Price’s bill, the final say lies with the General Assembly, which in 2021 will still have a Democratic majority.
The Senate is slated to take Price’s bill up next week. If it doesn’t pass it, and the House doesn’t pass the constitutional amendment, any efforts to form a commission in time for the next redistricting are dead.
All legislators will have left is a bill passed by both chambers that outlines how they must draw the lines. It says districts should be roughly equal in population, follow the federal Voting Rights Act, and be drawn in a way that doesn’t dilute the votes of minority groups. They would also have to preserve communities of interest like neighborhoods, be compact and not unduly favor one political party.
Opponents of the constitutional amendment first proposed by Republicans say it’s a bad idea to leave the map drawing in the hands of the Virginia Supreme Court, where the majority of justices have been appointed by a General Assembly controlled by the GOP. Price is also concerned with the accelerated timeline proposed in the constitutional amendment, especially if the U.S. Census Bureau doesn’t deliver the census data on time.
Price has said she would introduce a constitutional amendment for her version of a redistricting commission next year that would be in place for the 2031 redrawing and would enshrine the criteria into the constitution.
A redistricting commission is something the GOP has come to embrace since losing its majorities in both the House and Senate in November. In speeches, on social media and in press releases, they’ve put pressure on Democrats, urging them to follow through with the votes they cast in favor of it last year.
“The House Republican caucus is ready to go. We’ve got 45 votes,” said Garren Shipley, a spokesman for Minority Leader Todd Gilbert.
Marie Albiges, 757-247-4962, malbiges@dailypress.com