Senate districts; changes assignments of two census precincts in Louisa County. (HB1188)

Introduced By

Del. Peter Farrell (R-Henrico)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Senate districts; adjustment. Changes district assignments of two census precincts (VTDs) in Louisa County. The bill moves Fredericks Hall Precinct from District 17 to District 22 and South Anna Precinct from District 22 to District 17. The population deviation for both districts remains under two percent. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/15/2016Prefiled and ordered printed; offered 01/13/16 16104030D
01/15/2016Committee
01/15/2016Presented and ordered printed 16104030D
01/15/2016Referred to Committee on Privileges and Elections
01/19/2016Assigned to sub: Constitutional Amendments
01/19/2016Assigned P & E sub: Constitutional Amendments
01/19/2016Impact statement from DPB (HB1188)
02/01/2016Subcommittee recommends reporting (5-Y 1-N)
02/05/2016Reported from Privileges and Elections (14-Y 7-N) (see vote tally)
02/08/2016Read first time
02/09/2016Read second time and engrossed
02/10/2016Read third time and passed House (66-Y 33-N)
02/10/2016VOTE: PASSAGE (66-Y 33-N) (see vote tally)
02/11/2016Constitutional reading dispensed
02/11/2016Referred to Committee on Privileges and Elections
02/23/2016Reported from Privileges and Elections (7-Y 6-N) (see vote tally)
02/25/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/26/2016Read third time
02/26/2016Passed Senate (21-Y 19-N) (see vote tally)
03/01/2016Enrolled
03/01/2016Bill text as passed House and Senate (HB1188ER)
03/01/2016Impact statement from DPB (HB1188ER)
03/01/2016Signed by Speaker
03/04/2016Signed by President
03/07/2016Enrolled Bill communicated to Governor on 3/7/2016
03/07/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/07/2016G Vetoed by Governor
03/09/2016Pending question ordered
03/09/2016House sustained Governor's veto (65-Y 34-N)
03/09/2016VOTE: OVERRIDE GOVERNOR'S VETO (65-Y 34-N) (see vote tally)
03/09/2016Required 66 affirmative votes to override Governor's veto

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 7 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Peter Farrell (R-Henrico): REASONS. FOR A LONG TIME, THIS BODY HAS HONORED TECHNICAL ADJUSTMENTS, WHETHER FROM A DEMOCRATIC DISTRICT, A REPUBLICAN DISTRICT, A SENATE DISTRICT, OR A HOUSE DISTRICT. THE OTHER BODY ACROSS THE HALL GOT A LITTLE CRAZY WITH THIS STUFF. I DON'T DENY THAT. A COUPLE OF YEARS AGO. WE DIDN'T. WE NEVER HAVE. IN FACT, IN 2013, ALL OF YOU WHO ARE HERE VOTED FOR ONE WITH TECHNICAL ADJUSTMENTS. WHAT I WOULD SAY IS THIS DOES NOT IN ANY WAY, SHAPE OR FORM CHANGE THE PARTISAN MAKEUP OF THESE DISTRICTS. IT WOULD HAVE ABSOLUTELY NO IMPACT WHATSOEVER ON THE RESULTS OR THE DEMOGRAPHIC MAKEUP OF THEM. I'VE HEARD A NUMBER OF ARGUMENTS. ONE, I'VE HEARD SOME, QUITE FRANKLY, WEIRD PARTISAN ARGUMENTS ON THIS SIDE, AND THEN I HEARD SOME TALKING POINTS, SOMEBODY MUMBLE THROUGH SOME TALKING POINTS, I'M SURE SOMEBODY IN THE GOVERNOR'S OFFICE SENT THEM, AND I THINK WHAT WE HAVE DONE HERE IS MADE THIS -- WE HAVE, BY NOT HONORING THESE, MADE THEM SO MUCH MORE PARTISAN AND RIDICULOUS THAN THEY EVER NEEDED TO BE AND QUITE FRANKLY, IT DIDN'T START IN THIS BODY, IT STARTED IN THE OTHER ONE, AND I DON'T DENY THAT AT ALL. AND QUITE FRANKLY, I HOPE WE GO BACK TO IT, BECAUSE WE'VE ALL VOTED FOR THEM BEFORE, WE'VE ALL HONORED THEM BEFORE AND I WOULD HONOR ANYONE ELSE'S, NO MATTER WHAT SIDE OF THE AISLE THEY'RE ON, THEY ARE TECHNICAL ADJUSTMENTS. IN THE EXCUSE OF WE DO TECHNICAL, WHY SHOULDN'T WE DO THEM WHENEVER WE WANT. QUITE FRANKLY, IT'S EASY TO TELL THE DIFFERENCE BETWEEN A TECHNICAL AMENDMENT AND PARTISAN ONE AND IT'S NOT THAT HARD TO DISTINGUISH BETWEEN THE TWO. SO I HOPE EVERYONE IN THE BODY WILL GO BACK TO THE TRADITION THAT WE'VE LONG HELD TO HONOR REGISTRARS' REQUESTS IN A NONPARTISAN WAY, AND WITH THAT, MR. SPEAKER, I MOVE WE OVERRIDE THE GOVERNOR'S VETO.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM ROCKBRIDGE, MR. CLINE.

Del. Ben Cline (R-Amherst): MR. SPEAKER, I WAS WONDERING IF THE GENTLEMAN COULD TELL US HOW HE REALLY FELT ABOUT THIS.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM FAIRFAX, MR. SICKLES.

Del. Mark Sickles (D-Alexandria): THANK YOU MR. SPEAKER. I WILL TRY NOT TO MUMBLE THIS TIME AND BE MORE CLEAR. AND I'M SPEAKING TO THE VETO WITH YOUR PERMISSION.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN MAY PROCEED.

Del. Mark Sickles (D-Alexandria): THANK YOU MR. SPEAKER. A MESSAGE FROM THE GOVERNOR: THE GOVERNOR'S MESSAGE, AND YOU HAVE IT THERE, IS THAT THIS BILL IS UNCONSTITUTIONAL, AND THE BILL SETS BAD PRECEDENT AND POLICY. ARTICLE TWO, SECTION SIX OF THE CONSTITUTION SAYS THAT THE GENERAL ASSEMBLY SHALL REAPPORTION OF THE COMMONWEALTH INTO ELECTORIAL DISTRICTS IN ACCORDANCE WITH THIS SECTION IN THE YEAR 2011 AND EVERY 10 YEARS THEREAFTER. THIS SETS UP A RESTRICTING -- REDISTRICTING LAW WHICH IS THE INCLUSIVE 250EU78 TO -- TIME TO REDRAW ELECTORAL DISTRICTS. THERE IS NO LANGUAGE IN THE CONSTITUTION THAT SAYS TECHNICAL ADJUSTMENTS ARE PERMITTED. SO WHILE THE SUPREME COURT HAS NOT ADDRESSED THIS ISSUE, I'VE MENTIONED BEFORE THAT A A LOT OF THESE DECISIONS ARE RICHMOND CIRCUIT COURT WHERE ARGUED FOUND IN LITTLE VERSUS VIRGINIA STATE BOARD OF ELECTIONS THAT THE VIRGINIA CONSTITUTION LIMITED THE GENERAL ASSEMBLY'S AUTHORITY TO REAPPORTION VIRGINIA'S ELECTORAL DISTRICTS AFTER THE YEAR 2011. MOREOVER, IF IT WERE CONSTITUTIONAL, IT'S A BAD PRECEDENT, REDISTRICTING PROCESS IS EVER HYPER CHARGED WITH PARTISANSHIP, HAVING AN OPPORTUNITY TO CHANGE DISTRICTS EACH YEAR JUST INJECTS MORE PARTISANSHIP INTO THE LEGISLATIVE DISTRICTS. IF IT IS OKAY TO MAKE MINOR CHANGES OUTSIDE OF THE CENSUS YEAR, THEN IT'S OKAY TO MAKE MAJOR CHANGES TO DISTRICTS. THIS WOULD ALLOW EVEN MORE ABUSE OF GERRYMANDERING THAT WE ALREADY HAVE. SO I ASK THE BODY TO SUSTAIN THE GOVERNOR'S VETO. THANK YOU MR. SPEAKER.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM PRINCE WILLIAM, MR. MARSHALL.

Del. Bob Marshall (R-Manassas): SPEAKING TO THE MEASURE?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Bob Marshall (R-Manassas): THANK YOU. MR. SPEAKER, IF YOU LOOK AT THE CONSTITUTION, ARTICLE II, SECTION SIX, PARAGRAPH TWO, IT TALKS ABOUT WHEN WE MUST DO REDISTRICTING. IF THIS DOCUMENT IS SOLELY A LIMITATION ON THE POWERS OF THE AGENTS OF THE PEOPLE, THERE IS NOTHING IN HERE LIMITING THE POWER AS WHEN WE MAY DO SOMETHING. AND IN FACT, MY MEMORY ON THIS IS THAT READING A CASE OUT OF TEXAS, IN WHICH THE FEDERAL COURTS DECIDED THAT A REDISTRICTING WAS PERMITTED, IT WASN'T REQUIRED, THEY REACHED THE CONCLUSION, AND IT WAS FAR HIGHER THAN A CIRCUIT COURT, STATE CIRCUIT COURT, THAT IT COULD BE DONE, BUT IT DIDN'T HAVE TO BE DONE. AND IF THERE ARE COURTS WHO WOULD ORDER US TO DO SOMETHING, THEN THE ARGUMENT WOULD BE WELL, WE CAN'T POSSIBLY REAPPORTION, BECAUSE THE CONSTITUTION ONLY ALLOWS US TO DO IT RIGHT AFTER THE DICENNIAL CENSUS. I WOULD SUGGEST IT MAY BE DONE BUT IT'S NOT MANDATED TO BE DONE. THANK YOU.

[Unknown]: ANYBODY NOW MADE UP THEIR MIND YET?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM POWHATAN, MR. WARE.

Del. Lee Ware (R-Powhatan): MR. SPEAKER, I MOVE THE PENDING QUESTION.

[Unknown]: [CHEERING]

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM PAU HAT YAP, MR. WARE, MOVES THE PENDING QUESTION. AS MANY AS FAVOR THAT MOTION WILL SAY AYE, THOSE OPPOSED, NO. THAT MOTION IS AGREED TO. SHALL THE HOUSE OVERRIDE THE GOVERNOR'S VETO?