Vol. 85 No. 1 February 2009

Gerrymandering’s Long History In : Will This Decade Mark The End? By Kenneth S. Stroupe, Jr.

s most readers are probably aware, the term James Madison in the first congressional elections “gerrymandering” originated in the earliest under the newly ratified federal Constitution. years of the nation when one of the origi- Henry’s attempt was unsuccessful, as Madison nal signers of the Declaration of Independence, was elected to Congress and later President of the AGov. Eldridge Gerry of Massachusetts, pro- United States. Ironically, through a fine twist of posed a controversial plan for redrawing the history, Eldridge Gerry served as vice president voting of his state. With members of his under Madison. Democratic-Republican Party in the legislature, Gerrymandering has marked the entire his- the governor and his allies during his 1810-11 tory of the American Republic and it remains as a term drew the boundaries in a way to minimize part of the political landscape today. Yet, thanks the voting strength of their opponents in the to ever-changing shifts in demographics and the Federalist Party. Among the new districts was often-willful nature of voters, the practice of ger- one that was shaped especially odd, resembling a rymandering has not always proven successful in salamander. achieving the politicians’ desired electoral out- Playing off of the unusual shape of the dis- comes. As unseemly as the practice is, are there trict and the governor’s last name, a newspaper other damaging effects beyond attempting to reporter at the time coined the phrase “gerry- Kenneth S. Stroupe, Jr. manipulate the winner of one election or another? mander,” and it has remained in the lexicon of Does gerrymandering have any other real impact American politics. It is a shorthand description on the everyday lives of citizens? for the manipulative practice whereby politicians This article attempts to move closer to an craft districts aimed at producing election results answer by providing contemporary examples of the politicians prefer over those that voters might gerrymandering and its effects in Virginia. It otherwise deliver at the ballot box. examines state legislative districts in Virginia over But Gerry was by no means the first to gerry- the last three decades with particular attention to mander. Well before this, in 1779, the present configuration. By overlaying had drawn Virginia’s 5th Congressional District boundary lines with data from the Virginia State in a clear attempt to favor his party over that of Board of Elections, this article attempts to gauge The Virginia News Letter

how the creation of non-competitive districts for involved in the process.1 Consider, for example, state legislative elections (a significant indicator the 29th Congressional District of Texas. It of gerrymandering) has impacted voter partici- is shaped something like a lobster with giant pation in Virginia. pincers on two sides of the city of Houston as shown in Figure 1. Practical Implications Figure 1: 29th Congressional District of Texas If elections are the political portrait of American democracy, then the canvas on which that 8 portrait is painted is the collection of political 146 45 districts wherein each election is conducted. 59 In 2010 a new U.S. census will be conducted. 90 While the decennial counting process and sub- 90 610 10 sequent redistricting may seem little more than Cloverleaf While one may some dull, obligatory exercise of government Houston Channelview have some measure bureaucracy, the effects are far from mundane. Galena Park Baytown As populations vary from one decade to the 59 Pasadena 225 of confidence next, election districts (and subsequent political 90 South Houston that his or her alignments) at the local, state and national levels 45 are altered to reflect changes. Boring to watch Galveston individual vote is 146 perhaps, but at its most basic level this process 8 Bay counted in an is nothing less than the distribution of power election, the affecting each and every voter. As another example, a pair of bizarrely Unfortunately, this political change-of-or- shaped claws forms the 4th Congressional manner in which der occurs largely outside the view of the public. District of Illinois, pulling in Chicago from voting districts are Furthermore, since most of the processes are a nearby stretch of Cook County as shown in legislatively driven, there are limited opportuni- Figure 2. configured 94 ties for public participation and public influence. Figure 2: 4th Congressional District of Illinois matters a great deal While it is at least somewhat likely that the in influencing the average person can identify his or her congres- outcome of sional district and representative, familiarity 294 with state legislative districts is another matter. Stone Park the election. Very few people could outline, even generally,

the boundaries of these districts. Fewer still 290 could name the communities of that same elec- Chicago toral district. Cicero While one may have some measure of

confidence that his or her individual vote is 34 55 counted in an election, the manner in which 94 voting districts are configured matters a great deal in influencing the outcome of the election. Said differently, where one votes matters almost as much as whether one votes. How, where, The Virginia Legacy Endures when, and by whom election district bound- One of the more noteworthy examples of ary lines are drawn affects not only the weight partisan gerrymandering of congressional dis- and influence of one’s individual vote, but also trict boundary lines in Virginia during the mod- the extent to which the collective votes of one’s ern era occurred during the redistricting process neighborhood, city, or county actually matter in that followed the 1990 census. (In this instance influencing the outcomes of elections. Democrats were the perpetrators, but a later sec- tion in this article shows Republicans performed Scope of the Problem 1 While physical shape may indicate fairness or a lack Examples of the political manipulation of elec- thereof, an odd shape alone does not constitute gerry- toral boundary lines exist all across the nation. mandering. Similarly, a “regularly” shaped district is also Such cases of gerrymandering are not always not always an indicator of a lack of gerrymandering. For obvious, but often the physical shape of a district a more extensive discussion on the role of algorithms and redistricting see, for example: “Of the Algorithms, by the begs the question of whether manipulation was Algorithms, for the Algorithms.” Slate (January 13, 2009). http://www.slate.com/id/2208216/ (2/09/2009). 2 Weldon Cooper Center for Public Service • February 2009 similarly in 2001 after gaining the majority.) In congressional district offices had been located, a special election in 1991 to choose a replace- along with the southern and eastern sections ment for retiring 7th District Congressman D. of Albemarle County which had constituted a French Slaughter, George Allen, a Republican significant base for him during earlier elections member of the House of Delegates at the time, to the House of Delegates, were placed in the ran for the seat and defeated his Democratic 5th District of Democratic incumbent Rep. L.F. opponent, Kay Slaughter. The district bound- Payne. Oddly, most of Allen’s rural constituents ary lines at the time of the special election are who resided in the Shenandoah Valley would shown in Figure 3. now find themselves in the 10th Congressional Figure 3: 7th Congressional District of Virginia Prior District along with populous Fairfax County and to 1991 Redistricting other suburban counties of represented by longtime Republican incumbent Frank Wolf. The revised boundaries of the 7th District are shown in Figure 4. Every redistricting Figure 4: 7th Congressional District of Virginia After the 1991 Redistricting plan results in a change of the status quo, but the scale of the revisions of 1991 surprised many.

In 1991 the Democratic Party controlled both chambers of the General Assembly, as had been the case for nearly a century. A week after Allen won the special election, the General Assembly released its plan to redistrict the state. If the goal for Allen was to continue repre- Every redistricting plan results in a change senting constituents of his former 7th District of the status quo, but the scale of the revisions within the newly configured districts while of 1991 surprised many. Virginia’s population also not having to run for reelection against a increase resulted in one additional Congressional more senior incumbent, then his options were seat for the commonwealth, raising the total to limited. He could have moved into a district eleven. Among the new district configura- (the 5th for example) and run against a popular tions was Virginia’s first-ever, majority-minority incumbent Democratic congressman and prob- Congressional District consisting of portions of ably would have lost. He could have moved into Richmond, Norfolk, Newport News, Hopewell, a different district held by a popular Republican Petersburg, Portsmouth and Suffolk as well incumbent (the 10th) and probably would have as parts of several rural counties in Virginia’s lost. He could continue living where he was Northern Neck region. and seek reelection against the very popular Nearly as dramatic as the creation of a new Republican incumbent, Tom Bliley, with whom district, was the manner in which the state leg- he had been paired in the same district. One islature carved up the former 7th Congressional final option was to move into the neighboring District and divided the parts. The 7th District 6th Congressional District. In 1992 conserva- was divided so strangely that it was virtually tive Democratic Congressman James (Jim) Olin impossible to mask the partisan manipulation announced his retirement, which meant the behind it. Not only was Allen’s home placed in 6th District would be an open-seat election. a district held by a long-time incumbent and Allen’s problem here was that despite the fact fellow Republican, Fredericksburg and parts of that the 6th District counties of Rockingham Hanover County that had strongly supported and Augusta had multiple borders all along the Allen were redistricted to the 1st Congressional old 7th District, and despite the traditionally- District, held by Republican Herb Bateman. conservative leanings of the old 6th District, the The city of Charlottesville, where one of Allen’s General Assembly crafted the new 6th so that 3 The Virginia News Letter

it contained no part of the district that he had peculiar creations affected a significant portion formerly represented. of Southwest Virginia. Their efforts were aimed With no obvious avenues for continuing at removing Republican state senator William his brief career in the House of Representatives, Wampler who had been elected in 1988 by the Allen did not seek reelection to Congress. narrowest of margins (32 votes) to represent the Instead, as the law of unintended consequences 39th Senatorial District. Prior to the 1991 redis- would have it, he successfully campaigned for tricting, the 39th Senatorial District included governor in 1993. the counties of Scott and Washington, the city of A decade later in the redistricting session Bristol, and parts of Russell and Smyth counties. that followed the 2000 census, the General After redistricting, the 39th Senatorial District Assembly again altered the boundaries of the was shifted far to the east so that Wampler 7th Congressional District, moving back into it no longer resided within its bounds. Instead, jurisdictions such as the rural counties of Page, Wampler’s home would become part of the new In the 1986 Madison and Louisa as well as the suburban 40th Senatorial District, which included nearly case of Davis v. Richmond counties of Hanover and Goochland. all of the Democratic-leaning counties and cities 2 Brandemer, the Over the course of 1991-2001, many other resi- along the farthest southwest tip of the state. At dents of this area of the state also resided in at the time the new boundary lines were drawn it U.S. Supreme least two different Congressional districts. In was also home to longtime Democratic incum- Court hinted that fact, over this ten-year period there were some bent Senator John Buchanan. Unfortunately, residents of this area who never moved from their Senator Buchanan had suffered from ill health political gerry- homes, but over this timespan resided in three for some time and died in the spring of 1991. mandering could different Congressional Districts. The boundar- But the new 40th was also drawn to fully include be a reason for not ies of the 7th District following the 2001 redis- the boundaries of the 2nd House of Delegates tricting are shown in Figure 5. district, a seat that was held by Democrat Jack upholding redis- Figure 5: 7th Congressional District of Virginia After Kennedy, who had long been rumored to be a tricting plans, if the 2001 Redistricting potential candidate for Senator Buchanan’s seat. Upon Senator Buchanan’s death, Gov. Douglas such plans vio- Wilder called a special election for the summer lated the Equal of 1991. Kennedy won, thus ensuring that if Protection Clause Wampler were to run in the general election, he would have to do so in a freshly gerrymandered of the Constitution. district, most of which he had never represented, and he would have to run against an incumbent senator. Against all odds, Wampler campaigned vigorously in the new 40th district and man- aged to win the November election by more than 3,000 votes. He remains in the state today. In the 1986 case of Davis v. Brandemer, the U.S. Supreme Court hinted that political ger- Signs of Gerrymandering Among State rymandering could be a reason for not upholding Legislative Districts redistricting plans, if such plans violated the The same redistricting plan of 1991 that ger- Equal Protection Clause of the Constitution. rymandered Allen out of a seat in the U.S. This ruling became the basis for a legal chal- Congress greatly impacted the state legislature as lenge to the 1991 state legislative boundary lines. well, and in a lopsidedly partisan manner. In the However, the case, Republican Party of Virginia final plan, 39 percent of all Republican incum- v. Wilder, ultimately failed because it did not bents in the state House of Delegates found adequately demonstrate the discriminatory effect themselves paired together within the newly required by the Brandemer ruling.3 drawn district boundary lines. A Republican If these examples suggest that in Virginia incumbent was also placed in the same district gerrymandering is practiced only by the with the sole Independent in the House at the 2 The 40th Senatorial District during the 1990s included time, who had made the unfortunate politi- the counties of Dickenson, Lee, Scott, Washington (part) cal mistake of caucusing with the Republicans. and Wise along with the cities of Norton and Bristol. The state Senate would not emerge unscathed 3 See Virginia Senate, “Virginia Redistricting Cases: the either. One of the General Assembly’s most 1990s,” http://www.senate.mn/departments/scr/redist/red- 4 sum/VAsum.htm (1/5/2009). Weldon Cooper Center for Public Service • February 2009

Democratic Party, it is only because for most of specifically named the following: economic the Twentieth Century the Republican Party had factors, social factors, cultural factors, geo- never been in a majority position in the General graphic features, governmental jurisdic- Assembly. That changed in the late 1990s when tions and service delivery areas, political the Republican Party achieved a modern-era beliefs, voting trends and incumbency con- zenith by winning all three statewide offices, siderations. Interestingly, this section of and shortly after controlled a majority in both the legislation also issued a caution: “The chambers of the state legislature. This was just discernment, weighing, and balancing of in time for the redistricting that would follow the varied factors that contribute to com- If these examples the 2000 census and a real chance for the leaders munities of interest is an intensely political of the new majority-party to signal a change in process best carried out by elected representa- suggest that in Virginia politics. tives of the people.” (Emphasis added by Virginia Following completion of the census, as the author.) “Local government jurisdiction gerrymandering required by law, the General Assembly adopted and precinct lines may reflect communi- a set of criteria as the baseline for drawing new ties of interest to be balanced, but they are is practiced only legislative and congressional districts. The leg- entitled to no greater weight as a matter of by the Democratic islation was adopted in 2001 and including the state policy than other identifiable commu- following broad, noble-sounding guidelines: nities of interest.”5 Party, it is only I. Population Equality. The popula- VI. Priority. Finally, the General because for most tion of each legislative district would be Assembly noted that each of the criteria of the Twentieth as nearly equal to the population of every would be considered, but if a conflict arose, other district as possible. Deviations in population equality among districts and Century the state House and Senate districts would be compliance with federal and state constitu- Republican Party within plus-or-minus 2 percent. tional requirements and the Voting Rights II. Voting Rights Act. As required by Act of 1965 would be given priority. had never been federal law, the districts would be drawn Not surprisingly, the change many had in a majority to comply with the Voting Rights Act, hoped would be a hallmark of the new leadership position in the which bans unwarranted retrogression or did not come to fruition. In practice, as had been dilution of racial or ethnic minority voting the case in the past, these noble criteria were General Assembly strength. once again manipulated to favor the party in until the end of the III. Contiguity and Compactness. power. Where redistricting reform is concerned, Districts would be drawn so that each was Virginia’s record seems to abide by the old adage 1990s. comprised of contiguous territory (which that the more things change, the more they could include bodies of water) and include remain the same. adjoining insular territory within each dis- Following the public release of the General trict. The districts would also be as com- Assembly’s new maps and redistricting plan of pact as practicable based on state court 2001, hundreds of citizens from across the com- rulings. monwealth attended public hearings to complain IV. Single-Member Districts. All dis- about the new boundary lines drawn by the tricts would be single-member districts, Republican-controlled legislature. There were meaning that not more than one person complaints of gerrymandering and/or racial dilu- could be elected simultaneously to the tion in numerous jurisdictions.6 Still, even today same office to represent the constituents the Virginia Division of Legislative Services lists within each respective district. at least three redistricting court cases that have V. Communities of Interest. “Legislative been winding through the state and federal court consideration” would be given to a host of systems since June 2001.7 factors that “can create or contribute to communities of interest.” 4 The legislation 5 Ibid. 6 See for example: “Plans Provoke Complaints Elections 4 See House Committee on Privileges and Elections Committees Hear From Detractors,” Richmond Times- Committee Resolution No. 1, adopted April 3, 2001. Dispatch (April 10, 2001) p. A-1 Senate Committee on Privileges and Elections Committee 7 West v. Gilmore, Circuit Court for the City of Salem, Case Resolution No. 1, adopted April 3, 2001. House Committee No.: 01-84, filed June 26, 2001. On appeal, Warner v. West on Privileges and Elections Committee Resolution No. 2, and finally Wilkins v. West, Supreme Court of Virginia, Case adopted July 9, 2001, and Senate Committee on Privileges No.: 021003. Hall v. Warner, Circuit Court for the City of and Elections Committee Resolution No. 2, adopted July Petersburg, Case No.: CH02-100, filed April 17, 2002. Hall 9, 2001. Virginia Division of Legislative Services; http:// v. Commonwealth of Virginia, United States District Court, dlsgis.state.va.us/ (10/22/2008). Eastern District Virginia, Case No.: 03-CV-151, filed 5 The Virginia News Letter

A 2007 editorial in the Richmond Times- encounter is in pairing these symptoms with the Dispatch noted, “… no sooner did the GOP gain disease itself. Rarely would an elected official its belated Assembly edge than—abracadabra admit to having deliberately manipulated elec- —it discovered the joys of the gerrymander. tion boundary lines for partisan gain. So instead Republican maps after the 2000 Census dis- the best observers can do is look for telltale signs, torted legislative elections as cynically as the like a peculiar shape, as an indication of the prac- maps drawn by Democrats. And Democrats tice. But if the results of gerrymandering were returned the compliment by complaining that limited simply to an oddly shaped district here Republicans had the nerve to do to Democrats or there, or of pitting one incumbent politician what Democrats had done to Republicans.” 8 against another, the practice might not be of any Among the more peculiar creations by the great concern to the average person. It is when General Assembly this time was Senate District this veiled practice appears to be simultaneous 25. The earmuff-shaped district stretches well with voter apathy and lack of participation that it It seems likely that over one hundred miles from Bath and Allegany becomes particularly troublesome. gerrymandering is counties along the western border of the state to A review of elections of the past decade for Nelson and Albemarle counties on the eastern House and Senate seats in the Virginia General a major reason for side. The two larger regions are connected by a Assembly reveals a surprising level of non- the observed politi- narrow band, which snakes through the southern competitive legislative elections around the state cal apathy and lack and eastern parts of Rockbridge County. and a staggering number of seats where there was just one candidate running for the seat. Of of competition in Negative Effects of Gerrymandering in even greater concern are the effects on voter 21st Century Virginia behavior that appear to stem, at least in part, There is a growing body of research across the from the political stagnation of these elections. legislative elections country linking gerrymandering to a host of What cannot be answered by this research are in Virginia. effects, none of which bodes well for democracy. the specific motives that generated the current Among them are (a) reduction in two-party state legislative boundary lines. Whether district competition, (b) protection of incumbents, (c) boundary lines for state legislative elections were partisan bias, (d) less competitive elections, (e) crafted with either, or both, incumbent protection reduced voter turnout, (f) voter apathy, (g) polar- and/or reduced two-party competition as a goal ization, (h) gridlock and (i) lack of accountability is not clear. What is obvious is that arbitrarily in government.9 The vexing problem researchers shifting people from one political district to another creates transient political conditions that February 20, 2003. Fourth Circuit Case No. 03-2113. hamper viable, district-wide, political-commu- 8 “Lame Excuse,” Richmond Times-Dispatch editorial (June nity networks that might be capable of building 9, 2007). voter interest and/or achieving long-term influ- 9 See for example: Andrew Gelman and Gary King, “Enhancing Democracy Through Legislative Redistricting, ence on district-level politics and policy. It seems American Political Science Review, Vol. 88, No. 3 (September likely that gerrymandering is a major reason for 1994), pp. 541-59. Alan I. Abramowitz, “Partisan the observed political apathy and lack of com- Redistricting and the 1982 Congressional Elections.” petition in 21st Century legislative elections in Journal of Politics, Vol. 45, No. 3 (August 1983), pp. Virginia. Moreover, the evidence clearly suggests 767-70. Richard Born,. “Partisan Intentions and Election that the current method of crafting state legisla- Day Realities in the Congressional Redistricting Process.” tive districts is doing very little to foster competi- American Political Science Review (1985) 79:305-19. Charles S. Bullock “Redistricting and Congressional Stability, tion or generate voter interest and participation 1962-72,” Journal of Politics, Vol. 37, No. 2 (May, 1975), in state legislative elections. pp. 569-75. Bruce E. Cain, “Assessing the Partisan Effects of Redistricting,” American Political Science Review, Vol. Non-Competitive Elections 79, No. 2 (June 1985), pp. 320-33. Janet Campagna and Over the last decade the number of seats won Bernard Grofman, “Party Control and Partisan Bias in with 55 percent of the vote or less is shockingly 1980s Congressional Redistricting,” Journal of Politics, Vol. low for both the House of Delegates and the 52, No. 4 (November 1990), pp. 1242-57. Richard G. Niemi and Simon Jackman, “Bias and Responsiveness in State . (The figure of 55 percent or Legislative Districting,” Legislative Studies Quarterly, Vol. less is a widely used benchmark of a competi- 16, No. 2 (May 1991), pp. 183-202. Richard G. Niemi and tive race.) In the four elections held during this Laura R. Winsky, “The Persistence of Partisan Redistricting decade for the 100-member House of Delegates, Effects in Congressional Elections in the 1970s and 1980s,” Journal of Politics, Vol. 54, No. 2 (May, 1992), pp. 565-572. 7:5-22 and Edward R. Tufte, “The Relationship between Owen Guillermo and Bernard Grofman. “Optimal Partisan Seats and Votes in Two-Party Systems,” American Political 6 Gerrymandering.” Political Geography Quarterly (1988) Science Review, Vol. 67, No. 2 (June 1973), pp. 540-54. Weldon Cooper Center for Public Service • February 2009 the highest number of competitive elections Assembly this decade, at least half—and some- for any given year was just 14 for the House of times as many as two-thirds—of the seats for the Delegates in 2001 (Table 1). Of the two elec- House of Delegates were “no contest” elections, tions held for the 40-member state Senate this meaning that the election was either completely decade, the highest number of competitive elec- uncontested (a majority of the cases here) or tions was only 8 in 2007. there was only marginal third-party competition. Table 1: Competitive Legislative Seats Over the Last Similarly, for the two Senate elections held this Decade decade, more than half the seats were ones where Number of Seats Won in voters had no real choice of candidates. Competitive Races House of Delegates Senate Low Voter Turnout Election Year (100 seats) (40 Seats) Perhaps the worst news from all this is that this 2001 14 a decade’s dismal levels of competition in state legislative elections and the lack of options for In recent years, a 2003 9 3 voters at the ballot box appear to have negatively a number of states 2005 12 affected voter participation in these elections. 2007 11 8 have undertaken During the two state legislative elections this Source: Table compilations derived by author using election data decade where both the House of Delegates and various efforts to from the Virginia State Board of Elections. the Senate of Virginia were on the ballot simulta- a The Senate was not up for election in 2001 and 2005. reform the process neously, voter turnout was dramatically lower— seven to twelve percentage points depending on of redistricting, Lack of Party Competition the particular election—in districts where voters often at the urging It is not unreasonable to expect that elections had no options compared to those where there within a democratic society would provide voters was a viable contested race (Table 3).10 of citizen interest with a selection of at least two viable candidates groups. for an office, but that has not been the case for Attempts at Reform in Other States most of Virginia’s recent elections to the state In recent years, a number of states have under- legislature. In fact, as Table 2 demonstrates, in taken various efforts to reform the process of every legislative election cycle for the General redistricting, often at the urging of citizen inter- Table 2: “No Contest” Races for the General Assembly in Recent Legislative Elections est groups. Many states have crafted alternative solutions that, if not immune from political influ- Number of “No Contest” Seatsa ence, are at least further removed from the politi- House of cal arena. At he federal level, at least four separate Delegates Senate pieces of legislation were introduced during the Election Year (100 Seats) (40 seats) 110th Congress. Aimed at requiring states to 2001 49 b conduct redistricting through independent com- 2003 69 22 missions, none of these bills saw any significant 11 2005 61 b levels of co-sponsorship. As of February 2009 2007 68 23 10 To avoid distortion of voter turnout during a gubernatorial election year, turnout statistics for the House of Delegates Source: Table compilations derived by author using election data from the Virginia State Board of Elections. races of 2001 and 2005 were not calculated. Turnout statis- tics from the State Board of Elections for Districts coded by a Seats were counted as “no contest” because either there was no opponent or only marginal third-party opposition. Races were the author as No Contest for House Districts in the 2003 counted as “no contest” if a race did not field both a Republican election included the following districts: House Districts and a Democratic candidate for office, unless a third-party candi- 1-4, 7, 10-14, 18-20, 22-25, 27-30, 33, 34, 36, 38-42, 46, date won the general election. Among the few instances where a third-party candidate won an election, the race was counted as “no 49-51, 53-55, 57-59, 61-63, 66-80, 82-85, 87, 89-91, 93, contest” if there was opposition from no more than one of either 94, 97, 98. No Contest Senate Districts 2003: 1, 4, 5, 8-16, of the major political parties and where the winning candidate 19, 21, 25, 26, 28, 30, 33, 35, 38, 40. No Contest House received more than 55 percent of the vote in the general election. (See House Districts 19 and 59 from 2003 for example). House Districts 2007: 2-4, 8, 10-12, 15, 17-20, 22-27, 29, 30, District 68 in 2005 was counted as “no contest” because both the 36-39, 41-44, 46-49, 53-55, 57-66, 70, 71, 73-77, 79-81, 84, Independent candidate and the only major-party candidate in that 85, 89-95, 97-100. No Contest Senate Districts 2007: 2-5, race each received greater than 45 percent of the vote. House 7-10, 12, 14, 16, 18, 19, 21, 23, 25, 30-32, 35, 36, 38, 40. District 68 in 2007 fielded a Republican candidate against two Independent candidates, and was counted as a contested race 11 Online databases available from the because collectively, the two third-party candidates received more record legislation by Reps. Tanner (D-TN) and Lofgren than 45 percent of the vote and the incumbent was a third-party (D-CA) as well as Senator Tim Johnson (D-SD). Rep. candidate (Independent Katherine Waddell) who was defeated by the Republican candidate. Tanner’s legislation (H.R. 543) was the first such bill to be b The Senate was not up for election in 2001 and 2005. introduced in the 110th Congress and, of the four pieces of similar or related legislation introduced throughout 7 The Virginia News Letter

Table 3: Average Turnout of Registered Voters in Legislative Districts with Contested Races vs. Districts with “No Contest” for the Seat, 2003 and 2007 Turnout Among Turnout Among Districts Districts with “No Percentage Point Election and Chamber with Contested Elections Contest” Elections Difference 2003 election House of Delegates 32.24% 22.73% 9.51 Senate 31.57% 21.57% 10.00 2007 election House of Delegates 32.23% 25.01% 7.22 Senate 35.12% 22.61% 12.51

Source: Table compilations derived by author using election data from the Virginia State Board of Elections Note: To avoid distortion of voter turnout during a gubernatorial election year, turnout statistics for the House of Delegates races of 2001 Over the last two and 2005 were not calculated. Turnout statistics from the State Board of Elections for Districts coded by the author as “no contest” for House Districts in the 2003 election included the following districts: House Districts 1-4, 7, 10-14, 18-20, 22-25, 27-30, 33, 34, 36, 38-42, 46, 49-51, years a number of 53-55, 57-59, 61-63, 66-80, 82-85, 87, 89-91, 93, 94, 97, 98. “No contest” Senate Districts 2003: 1, 4, 5, 8-16, 19, 21, 25, 26, 28, 30, 33, 35, 38, 40. “No contest” House Districts 2007: 2-4, 8, 10-12, 15, 17-20, 22-27, 29, 30, 36-39, 41-44, 46-49, 53-55, 57-66, 70, 71, 73-77, 79-81, 84, 85, 89-95, prominent orga- 97-100. “No contest” Senate Districts 2007: 2-5, 7-10, 12, 14, 16, 18, 19, 21, 23, 25, 30-32, 35, 36, 38, 40. nizations and a growing, biparti- no similar legislation had been introduced in the Virginia Reform Options newly convened 111th Congress. Reform efforts Over the last two years a number of prominent san list of political that have been adopted to date at the state level organizations and a growing, bipartisan list of leaders are lending have also focused on the creation of independent political leaders including Senator Mark Warner commissions, with variations appearing mainly (D), former governors George Allen (R) and public support to in the manner of appointing members to these Linwood Holton (R), current Lt. Gov. Bill redistricting reform commissions. Twelve states have created com- Bolling (R), and former Lt. Gov. Jr. in Virginia. missions with primary responsibility for drawing (D) are lending public support to redistricting a plan, two have established advisory commis- reform in Virginia. Many of these officials have sions and five have created back-up commissions signed on as leaders of a relatively new orga- that would take over redistricting responsibility nization known as the Virginia Redistricting should the state legislature fail to come up with Coalition which is attempting to build grass- a plan.12 In November 2008, California joined roots support across the state for redistricting the growing number of states that are attempt- reform.13 ing to reform redistricting when, by referendum, In his 2008 State of the Commonwealth voters approved a ballot proposal to remove address, Gov. called on the General redistricting from the legislature and give it to a Assembly to change the process of redistricting 14-member panel. The vote followed earlier leg- in Virginia. “Our legislative districts should be islative proposals that would have allowed retired drawn with the people, not the politicians, first California judges to redraw legislative district in mind. “It is time to create a bipartisan system boundary lines. for redistricting. With different parties in the majority in each house, now is the perfect time to make this necessary change.” 14 A state constitutional amendment aimed at the 110th Congress, Tanner’s received the highest level of reform was introduced by State Senator Creigh co-sponsorships (34) by other Members of Congress. No Deeds (D) during the 2008 General Assembly co-sponsors in the Senate are listed for Senator Johnson’s session and surprised many when it passed bill. For additional information see: http://www.thomas. the Senate last year.15 The legislation would gov (2/3/09) 12 States that have created a commission with primary 13 A list of supporting individuals and organizations can be responsibility for drawing a plan are Alaska, Arizona, accessed online at: http://www.fixthelines.org/ (2/3/09) Arkansas, Colorado, Hawaii, Idaho, Missouri, Montana, 14 For the full text of Governor Kaine’s 2008 Address to New Jersey, Ohio, Pennsylvania and Washington. States that the Joint Assembly see: http://www.governor.virginia.gov/ have created advisory commissions are Maine and Vermont. MediaRelations/Speeches/2008/SOTC.cfm (2/18/09) Those states creating back-up commissions are Connecticut, 15 Numerous journalists reported on the legislation dur- Illinois, Mississippi, Oklahoma and Texas. Source: National ing the 2008 session of the General Assembly. See for Conference of State Legislatures, Redistricting Law 2010— example: Sandhya Somashekhar, “Legislative Redistricting Draft (December 2008). http://www.senate.mn/depart- Bill Squelched in the House,” Washington Post (February 16, ments/scr/redist/Red2010/Redistricting_Law_2010.pdf 2008) http://www.washingtonpost.com/wp-dyn/content/ 8 (1/26/2009). article/2008/02/15/AR2008021503490.html (1/26/2008). Weldon Cooper Center for Public Service • February 2009 have established the Virginia Redistricting At the time of publication, Gov. Kaine was Commission, which would have been respon- attempting to generate public pressure on the sible for redrawing congressional and General House of Delegates to join the Senate in passing Assembly district boundaries after each decen- a redistricting reform measure in time for the nial census. The 13 members of the commission 2011 session, but chances appear bleak for any would be appointed in 2010 as follows: two each new laws in 2009. by the President pro tempore of the Senate, Clearly time is running out for passage of Speaker of the House of Delegates, minority a constitutional amendment that will affect leader in each house and the state chairman of the next round of redistricting in Virginia. each of the two political parties receiving the Any amendment to the state constitution must most votes in the prior gubernatorial election. be passed in two legislative sessions, with the Under the proposal, the 12 partisan members second vote on passage occurring during the would then choose the last member by a majority Assembly’s “first regular session held after the vote. If no agreement could be reached on the next general election of members of the House The good news for final member, the two names receiving the most of Delegates.”18 Thereafter, it must still be sub- those who support votes would be submitted to the state Supreme mitted to the voters in a referendum. Legislative Court to select the last member. Unfortunately, action must begin almost immediately for it to reform is that the reform legislation was never released from bear on the 2011 process. Presently there are no a constitutional committee in the House of Delegates. indications of any significant support among the amendment is not Legislation similar to what was adopted in legislature for this avenue. the Senate last year was introduced again in the Nevertheless, to those who may be ner- essential for 2009 session and again this year the legislation vous about something as seemingly radical as changing how passed overwhelmingly in the Senate by a 39-0 amending the state constitution, remember that vote.16 If adopted, the legislation would establish Virginia has rewritten its entire constitution six district boundary a seven-member temporary commission to pre- different times over the last two centuries. On lines are crafted in pare redistricting plans in 2011 and each tenth average, Virginia has had a new state constitu- Virginia. year thereafter for the House of Delegates, state tion every forty years. While most adherents Senate, and congressional districts. Appointments of democracy also revere the rule of law, the to the commission would be made one each by fact is there is nothing sacred about the present the four majority and minority party leaders of document. It was adopted in 1971 with a specific the House and Senate and by the state chair- mechanism for altering it in future years. men of the two major political parties. Those six The good news for those who support appointees would appoint the seventh member reform is that a constitutional amendment is not and chairman for the commission. If they could essential for changing how district boundary not agree, they would submit the names of the lines are crafted in Virginia. Nothing is prevent- two persons receiving the most votes to the ing the General Assembly from empanelling a Supreme Court for the Court to select the chair- body of objective advisors at any time to assist man. The commission would prepare plans and them with the process. Since Virginia is one of submit them as bills to the General Assembly. only two states where judges are selected by the The General Assembly would then proceed to legislature, one sensible option that may also act on the bills in the usual manner. SB926 pro- assuage concerns of those who support reform vides for commission comments on plans as they but oppose a constitutional amendment is for the change in the legislative process. It also spells out General Assembly to enlist the advice and assis- the standards and process to be followed by the tance of a distinguished panel of current and/ commission in preparing plans, including limita- or another of the state’s current redistricting process, and tions on the use of political data and opportuni- at least three were in the form of amendments to the state ties for public comment on the plans. But even constitution. HB 1685 Creation of Bipartisan Redistricting before the Senate had passed the bill, the House Commission; HB 1793 Creation of a Citizen Advisory of Delegates had already signaled its lack of sup- Redistricting Board; HB 2538 Creation of the Virginia 17 Advisory Redistricting Commission; HJ 702 Constitutional port by killing similar versions in committee. Amendment Establishing a Redistricting Commission; SJ 16 SB 926 Bipartisan Redistricting Commission. http://leg1. 281 Constitutional Amendment Establishing a Redistricting state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=sb926 Commission; and SJ 312 Constitutional Amendment (2/18/2009). Establishing Redistricting Commission. For the latest 17 At the time of publication, the General Assembly’s information and bill tracking services consult the Legislative Legislative Information Services lists six other similar pieces Information Services website at http://leg1.state.va.us/lis. of legislation that were introduced during the 2009 General htm (2/3/09). Assembly session. Each was aimed at reforming one aspect 18 , Article XII, Section 1. 9 The Virginia News Letter

or former judges and justices from the ranks Postscript of the state judicial system. Since each of these On February 17, 2009 members of the House individuals was thoroughly screened by them Privileges and Elections subcommittee voted in the past, such a panel would be familiar and along party lines to PBI (pass by indefinitely) trusted source for the legislative branch. While the redistricting reform legislation adopted by this option would not bind any future actions, the Senate. Killing the legislation by subcom- and its recommendations would have no force of mittee vote in the House was not news, as it law, it would mark a good-faith effort with the had occurred many times in the past. For the voters of the commonwealth toward building first time in 2009 revised procedures permitted long-term reform of the current process. a recorded subcommittee vote. Subcommittee Unlike other legislative matters, redistrict- members who opposed the legislation were: ing reform is not one that is conveniently “set Dels. Cosgrove (R-78th District), Jones (R-76th aside” until next year. We only conduct a census District), Landes (R- 25th District) and Frederick Unlike other once every decade. To delay or further postpone (R-52nd District). Subcommittee members who legislative matters, action will mean that not one year but another supported the legislation were: Dels. Dance ten years will pass without reform. This is (D-63rd District) and Englin (D-45th District). redistricting reform regrettable, particularly when evidence suggests Among the four legislative districts of the sub- is not one that is that the current process is doing virtually noth- committee members who opposed the legisla- conveniently “set ing in the way of fostering voter participation tion, their combined average voter turnout for in state legislative elections or even enhancing the most recent election held for the House of aside” until next civic engagement generally among the public. Delegates was just 23 percent. year. We only Indeed, it may even be responsible for suppress- • • • • ing one of the greatest exercises of liberty pos- conduct a census sessed by our citizens. About the Author: Kenneth S. Stroupe, Jr. is once every decade. We are often reminded that change hap- Chief of Staff at the University of Virginia To delay or further pens slowly in Virginia. But even by Virginia Center for Politics. From 1993 to 1997 he was standards, when one considers how long this Press Secretary to Virginia Gov. George Allen. postpone action egregious practice has been with us, a wait of In 2004 he was appointed to the Virginia will mean that two hundred years seems long enough. It is Commission on Civics Education by Gov. Mark time the “Cradle of Democracy” became the Warner and re-appointed in 2008 by Gov. not one year but “Graveyard of Gerrymandering.” Tim Kaine. Stroupe holds a master’s degree in another ten years American government from the University of will pass without Virginia and a bachelor’s degree in political sci- ence from Bridgewater College. reform.

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Vol. 85 No. 1 FEBRUARY 2009 Editor: John L. Knapp Consulting Editor: Robert Brickhouse

The Virginia Ne w s Le t t e r (ISSN 0042-0271) is published by the Weldon Cooper Center for Public Service, University of Virginia, P.O. Box 400206, Charlottesville, Virginia 22904-4206; (434) 982-5704, TDD: (434) 982-HEAR.

Copyright ©2009 by the Rector and Visitors of the University of Virginia. The views expressed are those of the author and not the 10 official position of the Cooper Center or the University.