Virginia Districting Principles

Adopted February 22, 1991

SENATE COMMITTEE ON PRIVILEGES AND ELECTIONS

RESOLUTION NO. 1

REDISTRICTING PLANS FOR THE SENATE OF VIRGINIA

RESOLVED, That the Senate Committee on Privileges and Elections adopt the following statement concerning redistricting plans for the Senate of Virginia:

I. GOALS

The Committee’s goals are twofold: (I) to report bills to redistrict the Senate which meet all applicable constitutional and legal standards and (II) to act promptly so that legislation is enacted, precleared under the Voting Rights Act, and implemented in time to hold primary elections on September 10, 1991, and regular elections on November 5, 1991.

II. CRITERIA

A. Equal Representation

1. Single member districts. The Senate redistricting plan shall contain 40 single member districts.

2. Equal population. The populations of the 40 Senate districts shall be as nearly equal as is practicable.

3. Deviations from the ideal district population. In no case shall the relative population deviation from the ideal population for any district exceed + 5% or - 5%.

4. Population base. The 1990 federal census reports released for redistricting purposes (the P.L. 94-171 reports delivered to Virginia January 22, 1991, and as amended prior to April 1, 1991) shall be the basis for determining district populations in plans considered at the April 1, 1991, special redistricting session.

5. Census blocks. District plans shall be based on census blocks or other larger units of census and political geography so that it will not be necessary to estimate the population of any district.

B. Minority Representation

1. Voting Rights Act §§ 2 and 5. District plans shall not dilute minority voting strength and shall comply with §§ 2 and 5 of the Voting Rights Act. No district plan shall be acceptable if it affords members of a racial or language minority group “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”

The Committee seeks the participation of minority group members in the redistricting process. Minority group members shall be afforded a full and fair opportunity to participate in the process leading to the adoption of any redistricting plan.

2. Voting Rights Act preclearance. Legislation adopted to redistrict the Senate shall be submitted promptly to the Department of Justice for preclearance under § 5 of the Voting Rights Act.

C. Compactness

Districts shall be reasonably compact. Irregular district shapes may be justified because the district line follows a political subdivision boundary or significant geographic feature.

D. Contiguity

Districts shall be composed of contiguous territory. Contiguity by water is acceptable to link territory within a district in order to meet the other criteria stated herein and provided that there is reasonable opportunity for travel within the district.

E. Political Fairness

A redistricting plan shall be unacceptable if it is drawn with the purpose and effect of denying any group of per sons who share a common political association a fair opportunity to participate in the political process.

III. POLICY CONSIDERATIONS

A. Political Subdivisions

District plans shall be drawn so as to avoid splitting counties, cities, and towns to the extent practicable.

B. Communities of Interest

In drawing district plans, consideration shall be given to preserving communities of interest.

C. Precincts

Precincts (as shown on the 1990 census maps and in the census redistricting population counts) should serve as the basic building blocks for districts when it is necessary to split any county or city.

D. Existing Districts: Incumbency

It is permissible to consider existing districts and incumbency.

Adopted February 23, 1991

HOUSE COMMITTEE ON PRIVILEGES AND ELECTIONS

RESOLUTION NO. 1

REDISTRICTING PLANS FOR THE HOUSE OF DELEGATES

RESOLVED, That the House Committee on Privileges and Elections adopt the following statement concerning redistricting plans for the House of Delegates::

I. GOALS

The Committee’s goals are twofold: (i) to report bills to redistrict the House of Delegates which meet all applicable constitutional and legal standards and (ii) to act promptly so that legislation is enacted, precleared under the Voting Rights Act, and implemented in time to hold primary elections on September 10, 1991, and regular elections on November 5, 1991.

II. CRITERIA

A. Equal Representation

1. Single member districts. The House of Delegates redistricting plan shall contain 100 single member districts.

2. Equal population. The populations of the 100 House districts shall be as nearly equal as is practicable.

3. Deviations from the ideal district population. In no case shall the relative population deviation from the ideal population for any district exceed + 5% or - 5%.

5. Census blocks. District plans shall be based on census blocks or other larger units of census and political geography so that it will not be necessary to estimate the population of any district.

B. Minority Representation

2. Voting Rights Act preclearance. Legislation adopted to redistrict the House of Delegates shall be submitted promptly to the Department of Justice for preclearance under § 5 of the Voting Rights Act.

C. Compactness

Districts shall be reasonably compact. Irregular district shapes may be justified because the district line follows a political subdivision boundary or significant geographic feature.

D. Contiguity

E. Political Fairness

The Committee is cognizant of the Supreme Court’s decision in Davis v. Bandemer and will seek to approve a plan that complies with the equal protection clause of the Fourteenth Amendment to the United States Constitution.

(COMMENT. The United States Supreme Court has held that complaints alleging

politically partisan gerrymandering are justiciable. A redistricting plan can be

challenged if it is shown to have been drawn for the purpose and with the effect of

denying fair access to the political process to a political party or group of citizens

sharing a like partisan viewpoint.)