Eleanor Finch
In 2020, Virginia voters were faced with a ballot question, labelled 'Constitutional Amendment #1' or 'Virginia Question 1', which asked whether the constitution should be amended to create a redistricting commission. The commission would consist of eight state lawmakers and eight citizens and would be responsible for drawing congressional and state legislative districts. This amendment was proposed to address the issue of gerrymandering in the state, which had been dictated by the partisan grip of one party over the redistricting process.
| Characteristics | Values |
|---|---|
| Name | Constitutional Amendment #1 |
| Year | 2020 |
| Topic | Redistricting Commission |
| Purpose | To create a redistricting commission, consisting of eight state lawmakers and eight citizens, that draws the districts |
| Supporters | Don Beyer (D-8), Virginia Commonwealth Caucus, Del. Ken Plum (D-36), Brian Cannon (OneVirginia2021 executive director), The Washington Post Editorial Board |
| Opponents | Del. Lamont Bagby (D-74), Del. Marcia Price (D-95), Fair Districts, Del. Cia Price (D-Newport News) |
| Outcome | Passed |
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What You'll Learn
The 2020 ballot
In 2020, Virginia voters were faced with a ballot question, labelled "Amendment #1", which asked whether the constitution should be amended to create a redistricting commission. The redistricting commission would consist of eight state lawmakers and eight citizens who would be responsible for drawing the districts. If the General Assembly and the commission could not agree on the district maps, the responsibility would fall to the Supreme Court.
Under the current Constitution, the General Assembly and the Governor are responsible for drawing new election districts for the U.S. House of Representatives, the state Senate, and the House of Delegates. These districts are required to be compact and contiguous, with equal populations. However, the process has been criticised for allowing political opportunism and manipulation, with the party in control of the legislature during years ending in one deciding which district each voter will be placed in for the next ten years.
The proposed amendment aimed to address these concerns by creating a redistricting commission that would include citizens and require publicly available data for all meetings. It would also require a supermajority of members to approve district maps, reducing the influence of any single party. Supporters of the amendment, including the Virginia Commonwealth Caucus, argued that it would establish the clearest, fairest, and least political mechanism for drawing districts in Virginia's legislative history.
However, the amendment faced opposition from some Democrats, particularly members of the Black caucus, who argued that it did not do enough to ensure the inclusion of all Virginians, regardless of race, ethnicity, gender, or geographic location. They also criticised the continued involvement of lawmakers in the process and the lack of protection for independent voters. Despite this opposition, the amendment was supported by a majority of Democrats and was expected to pass with their control of the General Assembly in 2020 and 2021.
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The Redistricting Commission
Virginia's Constitutional Amendment 1, also known as Question 1, proposes the creation of a redistricting commission to establish electoral districts for the state. The amendment was on the ballot for Virginia voters in November 2020.
The current process in Virginia allows the political party in control of the legislature during years ending in "1" to decide the district boundaries for the next ten years. This power can be used to manipulate district lines in their favour and secure their reelection. The Redistricting Commission, as proposed in Amendment 1, aims to address this issue by involving citizens in the process and requiring publicly available data for all meetings.
Support for the Amendment
Supporters of the amendment argue that it is a significant improvement over the previous system, which allowed for partisan control and manipulation of district boundaries. They believe that the commission will promote fairness and balance in the redistricting process by reducing political influence and ensuring compliance with federal and state laws addressing racial and ethnic fairness. Don Beyer (D-8) stated that the amendment would "make history in creating the commonwealth's first redistricting commission—a plan that would finally include citizens at the table when legislative lines are drawn after the 2020 Census."
Opposition to the Amendment
However, there is also opposition to the amendment, particularly from members of the Black caucus and the Democratic Party of Virginia. Del. Lamont Bagby (D-74), chairman of the Legislative Black Caucus, expressed concern that the amendment might lead to a step back in terms of African American involvement in the process. Del. Marcia Price (D-95) criticised the amendment for not adequately protecting voters who need protection. Del. Cia Price (D-Newport News) argued that the amendment was naive and short-sighted, stating that the existence of the commission alone would not end gerrymandering without stronger legal provisions.
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Gerrymandering
In 2020, Virginia voters were asked to vote on Constitutional Amendment 1, also known as Question 1 or SJR18, which proposed to establish a redistricting commission to address the issue of gerrymandering in the state. Gerrymandering is a practice that allows those in power to manipulate district lines and favour certain voters or political parties, ultimately impacting election outcomes.
Under the previous system, the Virginia General Assembly, controlled by either the Democratic or Republican Party, was responsible for drawing the state's Congressional districts every decade based on new U.S. Census data. This allowed the party in power to manipulate district lines in their favour, a practice known as gerrymandering.
The bipartisan redistricting commission proposed in Constitutional Amendment 1 aimed to address this issue by including citizens in the redistricting process. The commission would consist of eight members of the General Assembly and eight citizens of the Commonwealth, with the responsibility of drawing fair and balanced congressional and state legislative districts. This process would bring transparency and reduce political manipulation in the redistricting process, promoting fair representation for all Virginians.
However, the amendment faced opposition from some Democrats, particularly members of the Black caucus, who argued that it did not adequately protect African American voters or ensure their involvement in the redistricting process. They joined the Fair Districts campaign, urging voters to reject the amendment. Proponents of the amendment, including legal experts, former lawmakers, and university professors, countered that it would indeed end partisan gerrymandering and establish a clear and fair mechanism for drawing districts.
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District maps
Virginia Constitutional Amendment No. 1 addresses the process of drawing district maps for the U.S. House of Representatives, the State Senate, and the House of Delegates. The amendment proposes a shift from the traditional method, where the General Assembly and the Governor are responsible for drawing district maps, to a bipartisan approach. This new method involves a commission of eight citizens and eight legislators, with an equal number of Democrats and Republicans.
The purpose of this amendment is to reduce legislative power in drawing districts and prevent partisan gerrymandering. Gerrymandering is the manipulation of boundaries to favour a political party or group, and it has been a significant issue in Virginia, with several districts overturned for being unconstitutional racial gerrymanders. The bipartisan commission is intended to create fairer maps that comply with federal and state laws addressing racial and ethnic fairness, including the Equal Protection Clause of the Fourteenth Amendment and the Voting Rights Act.
The commission's plans are presented to the General Assembly for approval, and if they are rejected, the commission can submit a second proposal. If the General Assembly rejects the second proposal or the commission fails to submit a plan, the Supreme Court of Virginia intervenes. The Court hires two experts, one selected by Republicans and one by Democrats, who prepare maps for the judges to consider.
The amendment was approved by voters in 2020, with 65% of voting Virginians in support. However, it has faced criticism, with some arguing that legislators still have control over the commission's decisions. The commission has also struggled to merge proposals from Democratic and Republican consultants, particularly regarding the creation of "opportunity districts," which are districts with significant minority voting populations. Despite these challenges, the amendment is a significant step towards fairer district maps in Virginia.
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Voting rights
Virginia's Constitutional Amendment 1, which was on the ballot in November 2020, asked voters whether they wanted to amend the constitution to create a redistricting commission. This commission would consist of eight state lawmakers and eight citizens who would be responsible for drawing district maps. If the General Assembly and the commission couldn't agree on the district maps, the responsibility would fall to the Supreme Court.
The amendment aimed to address the issue of gerrymandering in the state, where the political party in control of the legislature during years ending in "1" decides which district each voter is placed in for the next 10 years. This allows them to manipulate district lines to favour their reelection chances and exclude voters who might prevent that.
Supporters of the amendment, including Don Beyer (D-8) and the Virginia Commonwealth Caucus, argued that it would create a fairer and less political mechanism for drawing districts, including citizens in the process and requiring publicly available data for all meetings. It would also promote balance and transparency in a process that has been shielded from scrutiny.
However, some members of the Black caucus and the Democratic Party of Virginia opposed the amendment, arguing that it didn't do enough to ensure the inclusion of all Virginians, regardless of race, ethnicity, gender, or geographic location. They believed that it still kept control with politicians rather than giving power to the people. Del. Lamont Bagby (D-74) expressed concern that the reform might lead to a step back in terms of African American involvement in the process.
The amendment proposed changes to Section 6 of Article II of the Virginia Constitution, which outlines the requirements for electoral districts. It also added a new section, Section 6-A, emphasising the need for districts to be drawn in accordance with federal and state laws that address racial and ethnic fairness, including the Voting Rights Act of 1965.
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Frequently asked questions
Constitutional Amendment 1 in Virginia is a proposal to create a redistricting commission to draw the state and Congressional districts.
The purpose of the amendment is to address gerrymandering in Virginia and to establish a fair and transparent process for drawing districts.
Constitutional Amendment 1 proposes the creation of a redistricting commission consisting of eight state lawmakers and eight citizens. If the General Assembly and the commission cannot agree on the district maps, the responsibility will fall to the Supreme Court of Virginia. The amendment also sets out requirements for electoral districts, including that they should be composed of contiguous and compact territory and give representation in proportion to the population of the district.
There have been mixed responses to Constitutional Amendment 1 in Virginia. Some have argued that it will improve transparency and reduce political manipulation in the redistricting process. Others have criticised it for not adequately addressing issues of racial equity and inclusion, and for not doing enough to remove power from politicians.
