09/17/15: Another day, another redistricting lawsuit

This op-ed appeared in The Virginian-Pilot on the date shown.

A THIRD LAWSUIT was filed Monday aimed at legislative districts in Virginia. This one argues that 11 districts across the commonwealth violate the requirement of the Virginia Constitution that they be compact.

The districts — five from the House of Delegates and six from the state Senate, although none in Hampton Roads — currently have both Republican and Democratic representatives.

The plaintiffs are registered voters in the affected districts. The suit is funded by the nonprofit OneVirginia2021, the latest effort to make redistricting in Virginia a fair process.

The year 2021 is in the group’s name because it is the next time the General Assembly is scheduled to draw the lines of congressional and state legislative districts. Redistricting takes place after each decennial Census. The stated goal of OneVirginia2021 is the passage of a constitutional amendment that would create an independent redistricting commission.

The latest suit’s reliance on Article II Section 6 of the Virginia Constitution is in contrast to the other two. Both of those allege racial gerrymandering, which is not allowed under the federal law.

The first case concerns the 3rd Congressional District. The court has ruled twice that the lines have to be redrawn.

The failure of the General Assembly to act by the Sept. 1 deadline put the redrawing of the district in the hands of the court. The court has appointed a special master, and new plans are to be submitted by Sept. 18. Comments on the maps will be due by Oct. 2. The new congressional map will likely be in effect for the 2016 election.

The congressional map the court adopts could have wide-ranging implications. If the court chooses a plan that completely redraws the congressional map — as opposed to just fixing the 3rd — it could force the redrawing of the underlying legislative maps.

If the court takes that approach, the second lawsuit is likely moot. Arguments in that case, which targets 12 majority-minority districts, half of them in Hampton Roads, were heard in July; a ruling has not been issued.

And, of course, a redrawing of the legislative maps could easily mean a redrawing of the maps of localities, like Norfolk, whose own ward boundaries are based on the legislative district lines.

That we now have three lawsuits challenging the district lines should be a wakeup call to those who have paid little attention to a system that allows our representatives to choose us — instead of us choosing them. Unfortunately, the interest in redistricting is directly related to the public’s overall interest in our government outside of Washington — an interest that is reflected in the much lower voter participation in state and local elections.

Much of the dysfunction that emanates from Washington can be traced to the redistricting done behind closed doors in states like ours, using sophisticated software that creates districts that maximize the strength of political parties at the expense of the voters.

Rather than railing at Washington’s latest outrage, change the process that creates it. We do that by voting for those who support independent redistricting. An opportunity comes around again on Nov. 3.