VIRGINIA BEACH — The new 10-1 district system used in local elections this past year meets state law and the expectations of the federal court watching over what Virginia Beach does next, and it has public support.
That’s why today the city’s lawyers are recommending, essentially, that it is time for the Virginia Beach to read the room.
Deputy City Attorney Chris Boynton is scheduled to brief the City Council and offer a “path forward” that, should it be followed, would permanently enact the 10-1 system by seeking a change to the City Charter and avoid further litigation.
The briefing is scheduled for 12:30 p.m. at City Hall.
If the council takes the advice, according to a copy of the presentation that will accompany today’s briefing, it could move in August to adopt a redistricting ordinance and in November vote to seek a City Charter change from the General Assembly. These steps would come after holding public hearings.
“Between the federal court posture and Virginia state law, City Council has been given no path forward other than [the] 10-1 system with three [minority opportunity districts],” says the presentation, which is posted online at the city website.
The city’s former voting system was a mix of four at-large seats and seven seats representing residency districts, though all city voters helped select district representatives — meaning even voters living outside a district picked its representation.
That system was challenged in federal court by plaintiffs Latasha Holloway and Georgia Allen, and U.S. District Court Judge Raymond A. Jackson eventually sided with the plaintiffs, finding the city’s system to be discriminatory by denying Black, Hispanic and Asian-American voters the right to elect candidates of their choice under the U.S. Voting Rights Act, a landmark piece of civil rights law.
In the meantime, changes to state law meant the former voting system was no longer legal. Among the changes to law was a measure introduced by state Del. Kelly Fowler, a Virginia Beach Democrat, that said only residents of a district could pick their own representatives.
Jackson appointed a special master, who designed the 10-1 system to include new districts, including three minority opportunity districts meant to give minority voters a greater chance of selecting candidates of their choice.
That system was ordered into effect and used in 2022, eventually resulting in the most diverse council in the history of modern Virginia Beach.
The city had appealed the decision, with an appellate court prior to the 2022 elections finding that the changes to state law meant the problematic former system was dead, meaning the complaint was moot — but, importantly, not that underlying issues in the suit were resolved.
The appeals court remanded the case back to Jackson, noting that the plaintiffs may have new claims depending upon what Virginia Beach decided to do going forward.
Today’s scheduled presentation by the City Attorney’s Office notes that a referendum this year “may draw immediate renewed federal court litigation and attorney’s fees claims.”
“We have communicated to [the City Council] that the court and the plaintiffs have not given us any choice in the matter,” Boynton said during an interview with The Independent News this morning.
Between the ongoing court matter and response of recent public outreach, Boynton added that the staff’s recommendation is to adopt the 10-1 system.
The presentation also summarizes a recent status conference for the Holloway case, as the federal court matter overseen by Jackson is known.
The judge, according to the city summary, was frustrated with the “pace of the city’s consideration of [the] election system issue” and said only the 10-1 system overcomes issues with the U.S. Voting Rights Act.
Additionally, according to the city, the court said the city “would not have an election in 2024” if it adopted or pursued something else.
Representatives for the plaintiffs would file amended claims if the city adopts another system and any referendum attempt, according to the city summary of that conference.
“I think we recognize the importance of taking the combination of public feedback and the recommendations of legal staff and outside counsel very seriously,” said City Councilmember Michael Berlucchi, who represents District 3.
Ed. – This is a developing story. Additional coverage will appear in the Sunday, July 23, print edition.
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It’s been heard on the street that the primary opposition is coming from our mayor and vice mayor because of their ties to a well known and well-placed Oceanfront developer with deep pockets who would like to keep the old system which enables him to buy and get elected council members who will do his bidding.
100% correct