VIRGINIA BEACH — The city, facing the end of its controversial local voting system and a ticking clock related to the 2022 elections, will engage citizens with an eye on holding a public vote in June on a possible new election system that would reshape politics here.
Virginia Beach is working toward a vote by the City Council on a new possible system on Tuesday, June 15, which would then be jointly proposed to a federal judge by the city and the plaintiffs in a lawsuit that challenged the existing voting system, according to the city attorney’s office.
A proposal under consideration would feature seven wards, three superwards similar in concept to the superwards in Norfolk, and the at-large — meaning citywide — election of the mayor, who is one of the 11 elected members of the City Council. Two of the wards and one superward would include a majority population of minorities to address concerns raised in the federal lawsuit.
A federal judge in March found Virginia Beach’s unusual at-large local election system violates the U.S. Voting Rights Act by preventing minority communities from having a fair say in local elections.
Deputy City Attorney Christopher Boynton is scheduled to hold a briefing about potential changes to the voting system during a work session scheduled for 3 p.m., Tuesday, May 11, at the Virginia Beach Convention Center.
As the print edition of The Independent News went to press late Thursday, May 6, officials were developing ways to reach out to the public about issues related to the system and to get feedback from citizens.
“It’s a shame we haven’t allowed our voters to weigh in on the system,” Mayor Bobby Dyer said during an interview on Thursday, May 6, alluding to factors such as the federal case that have led to the need to change the voting system. “But we’re going to make the best of the situation going forward. Be assured, public input on this will be valued.”
There will be public meetings prior to the City Council vote, according to Dyer.
“We’re going to be talking about it on Tuesday, and we’re going to be soliciting public input,” Dyer said.
Complicated and time-sensitive issues are involved. These include a new state law that means the existing system here must change, complying with additional state legislation meant to protect voters, settlement discussions in the court case, and the delay of U.S Census data needed for determining boundaries of any districts or wards.
“There is a confluence of factors here that make this very challenging,” City Attorney Mark Stiles said this past week during an interview with The Independent News. “What we do know is that the election system will not be seven residency districts elected at-large and four seats elected at large.”
Attorneys for the city on Thursday, April 29, filed a notice of appeal in federal court following the recent decision by U.S. District Court Judge Raymond A. Jackson, who in an opinion wrote the city’s at-large voting system is illegal and “dilutes the voting strength of Black, Hispanic and Asian American voters.” Stiles said the recent filing by the city is procedural, essentially keeping open the option to appeal while the city seeks resolution.
Virginia Beach has elected its City Council members through a mix of four at-large, or citywide seats, and seven geographically distinct district seats. All city voters – even those living outside the districts – have picked district representatives, a central issue in the federal case and state legislation enacted this year in Richmond.
People elected to the proposed wards and superwards would be selected only by the voters who live within those respective boundaries.
The court case does not directly address the School Board, which means it is not clear whether a proposed system might also change elections for that body. School Board elections are similar to elections for the City Council. The School Board presently has four rather than three at-large seats. Also, its chairperson is not directly elected by voters but selected by the School Board members.
The practice in Virginia Beach of people who live outside districts determining district representation has been criticized for years, but it effectively came to an end following legislation enacted by the General Assembly and signed in March by Gov. Ralph Northam. The new law, which goes into effect in time to shape next year’s local elections, is based upon legislation introduced during the session by state Del. Kelly Fowler, D-21st District, of Virginia Beach.
The law prevents voters from outside a district or ward from selecting representation of said area, as has been the case in Virginia Beach’s system. Jackson’s order declaring the Virginia Beach system illegal came after Northam signed the Fowler bill into law. The trial was in October.
The federal lawsuit initially was filed in 2017 by Latasha Holloway, a Virginia Beach resident and founder of the Virginia Beach Coalition, and it was later joined by Georgia Allen, a community leader who led the NAACP chapter in Virginia Beach and sought public office here.
They were represented by the nonprofit Campaign Legal Center, which, in a statement following the ruling, anticipated an appeal was likely. Corey Goldstone, a spokesperson for the center, on Wednesday, May 5, wrote in an email that they are unable to comment about the case at this time.
Stiles said any proposed resolution presented to the court will need the judge’s approval. The possible resolution to the federal case is expected to be discussed during the work session meeting on Tuesday, May 11. Now, over the next several weeks, the city will work toward educating the public about the intricacies of replacing its system while meeting the law and satisfying the courts.
The City Council discussed the suit and public outreach during a closed session on Tuesday, May 4.
City Councilmember Barbara Henley, who represent the Princess Anne District, on Wednesday, May 5, said members of the council want to involve citizens to understand where matters are now with the case, other factors that led up to the change and next steps to ensure a system is in place.
“This is the future of this city and how it’s going to be governed, and they need to have some input,” said Henley, who was among the local officials who were critical of the Fowler bill and the processes that are changing a voting system Henley has said has served Virginia Beach well for many years.
Henley sought public briefings about the issues weeks ago.
“I just want the whole thing laid out, how we got here from all levels of government,” Henley said. “What happens now is going to determine the government for the city of Virginia Beach for the foreseeable future. … We have this lawsuit. We have this legislation from the state. It’s a perfect storm.”
Vice Mayor Jim Wood, reached by telephone on Thursday, May 6, said the public meeting about possible changes to the election system will give the city an opportunity to update citizens, including about the implications of the actions by the General Assembly.
“I think it’s very important that we engage the public and we let them know what’s been going on,” Wood said. “A lot of this that has happened has been going on with little media coverage and little input from the citizens. … People just aren’t aware.”
Ed. — Click here to view a PDF of the above graphic.
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