House of Delegates districts; technical adjustment. (HB254)

Introduced By

Del. Mark Cole (R-Fredericksburg) with support from co-patron Del. Bill Howell (R-Fredericksburg)

Progress

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

Description

House of Delegates districts; technical adjustment. Changes district assignments of certain census blocks between Districts 28 and 88 in the City of Fredericksburg in order to place all of current Precinct 401, presently divided between the two districts, in District 28. Both districts will continue to have a deviation of less than one percent from the ideal district population. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/30/2015Committee
12/30/2015Prefiled and ordered printed; offered 01/13/16 16101784D
12/30/2015Referred to Committee on Privileges and Elections
01/14/2016Assigned to sub: Subcommittee Constitutional Amendments
01/14/2016Assigned P & E sub: Subcommittee Constitutional Amendments
01/14/2016Assigned P & E sub:
01/15/2016Impact statement from DPB (HB254)
01/18/2016Subcommittee recommends reporting (6-Y 1-N)
01/29/2016Reported from Privileges and Elections (14-Y 7-N) (see vote tally)
02/01/2016Read first time
02/02/2016Read second time and engrossed
02/03/2016Read third time and passed House (63-Y 33-N)
02/03/2016VOTE: PASSAGE (63-Y 33-N) (see vote tally)
02/04/2016Constitutional reading dispensed
02/04/2016Referred to Committee on Privileges and Elections
02/09/2016Reported from Privileges and Elections (7-Y 6-N) (see vote tally)
02/11/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/12/2016Passed by for the day
02/15/2016Read third time
02/15/2016Passed Senate (21-Y 18-N) (see vote tally)
02/15/2016Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally)
02/15/2016Passed by temporarily
02/15/2016Passed Senate (21-Y 19-N) (see vote tally)
02/16/2016Enrolled
02/16/2016Bill text as passed House and Senate (HB254ER)
02/16/2016Impact statement from DPB (HB254ER)
02/16/2016Signed by Speaker
02/16/2016Signed by President
02/17/2016Enrolled Bill communicated to Governor on 2/17/16
02/17/2016G Governor's Action Deadline Midnight, Wednesday, February 24, 2016
02/24/2016G Vetoed by Governor
02/26/2016Passed by for the day
02/29/2016House sustained Governor's veto (64-Y 34-N)
02/29/2016VOTE: OVERRIDE GOVERNOR'S VETO (64-Y 34-N) (see vote tally)
02/29/2016Required 66 affirmative votes to override the 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, 3 clips in all, totaling 10 minutes.

Transcript

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



Sen. Jill Holtzman Vogel (R-Winchester): I MOVE THE BILLS PASS AND SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Jill Holtzman Vogel (R-Winchester): H.B. 254 ON PAGE 1.

[Unknown]: THANK YOU, SENATOR. I AM SPEAKING TO THE BILL. THIS BILL WAS HEARD IN THE PRIVILEGES AND ELECTIONS COMMITTEE. IT RELATES TO TECHNICAL ADJUSTMENTS. IT WAS INTRODUCED AT THE REQUEST OF A LOCAL REGISTRAR AND I WILL GIVE BACKGROUND TO BE FAIR TO THE BODY OF THOSE WHO ARE NOT FAMILIAR WITH A DIVERGENCE OF OPINION. MY COLLEAGUES ON THIS SIDE OF THE AISLE HOLD THE BELIEF IT IS TOTALLY APPROPRIATE UNDER THE CONSTITUTION OF VIRGINIA TO COME BACK IN A NONREDISTRICTING YEAR AND MAKE MINOR TECHNICAL ADJUSTMENTS. IT HAS BEEN THE CASE IN THE PAST THAT AFTER REDISSTRICTING MEMBERS OF THE LEGISLATURE HAVE COME IN AND MADE MINOR ADJUSTMENTS AS CLEANUP PROCESS AND THAT HAS BEEN CUSTOMARILY DONE IN THE YEAR FOLLOWING REDISSTRICTING. OUR REGISTRARS ASK FOR US TO DO THAT BECAUSE IT IS INCREDIBLY COSTLY TO RUN REFLEX SPLIT PRECINCTS WHEN THERE ARE DIFFERENT BALLOTS IF DIFFERENT PRECINCTS. THIS IS BROUGHT BY DELEGATE COAE BY REQUEST. I KNOW THE BILL WAS ASKED TO GO BY TEMPORARILY AND I WOULD LIKE TO POINT OUT THE DISTINCTION AND WITH THAT I WOULD MOVE THAT THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 254 PASS.


[Unknown]: CALENDAR, PAGE 15 OF THE PRINTED VERSION, HOUSE BILL VETOED BY THE GOVERNOR. BILL 254 AN ACT TO AMEND THE CODE OF VIRGINIA RELATED TO TECHNICAL ADJUSTMENTS OF CERTAIN HOUSE DISTRICT BOUNDARIES. AND THE GOVERNOR VETO IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM SPOTSYLVANIA, MR. COLE.

Del. Mark Cole (R-Fredericksburg): THANK YOU, MR. SPEAKER, I MOVE WE OVERRIDE THE GOVERNOR'S VETO AND I WOULD LIKE TO SPEAK TO THAT MOTION.

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

Del. Mark Cole (R-Fredericksburg): THANK YOU, MR. SPEAKER. HOUSE BILL 254 MAKES A MINOR ADJUSTMENT IN BETWEEN HOUSE DISTRICTS 88 AND 28, IN ORDER TO REDUCE A SPLIT PRECINCT. THESE ARE TECHNICAL AMENDMENT THAT'S COME AT THE REQUEST OF THE VOTER REGISTRAR TO ADDRESS SAID PRECINCTS. THE GOVERNOR VETOED THIS BILL SAYING THAT THERE ARE CONSTITUTIONAL QUESTIONS THAT THE GENERAL ASSEMBLY MAY ONLY CONDUCT REDISTRICTING ONCE EVERY TEN YEARS AND THIS BILL SETS A BAD PRECEDENT. UNFORTUNATELY, THE GOVERNOR'S VETO EXPLANATION DOES NOT MATCH HIS ACTIONS ON REDISTRICTING. FIRST, YOU'LL RECALL THAT JUST LAST FALL, THE GOVERNOR CALLED A SPECIAL SESSION TO REDRAW CORRECTIONAL DISTRICT LINES AND IN THE ONLY DID HE CALL A SPECIAL SESSION, HE SUBMITTED HIS OWN MAP FOR THE LEGISLATURE AND THE COURT TO CONSIDER. SECOND, THE GOVERNOR LEADS THE DEMOCRATIC GOVERNOR'S ASSOCIATION POLITICAL EFFORT ON REDISTRICTING. HE IS CO-CHAIRMAN OF THE 2020 REDISTRICTING FUNDED INDICATED TO RAISING MONEY TO HELP ELECT DEMOCRATS. IT'S RATHER OF THE GOVERNOR TO CALL FOR REDISTRICTING WHILE HE LEADS A NATIONAL REDISTRICTING ON BEHALF OF DEMOCRATS. I URGE YOU TO OVERRIDE THE GOVERNOR'S VETO. IT MAKES THE ELECTION PROCESS MORE EXPENSIVE AND MORE DIFFICULT FOR LOCAL ELECTORAL BOARDS.

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

Del. Mark Sickles (D-Alexandria): THANK YOU, MR. SPEAKER. SPEAKING TO THE VETO.

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

Del. Mark Sickles (D-Alexandria): THANK YOU, MR. SPEAKER, IN RESPONSE TO THE QUESTION FROM SPOTSYLVANIA, I'D LIKE TO REMIND THE BODY THAT THE GOVERNOR WAS UNDER A COURT ORDER TO REDRAW THE DISTRICT. IT WASN'T LIKE HE THOUGHT I WANT TO REDISTRICT. THE COURT SAID YOU MUST DO THAT AND HE BROUGHT US HERE TO DO THAT. UNFORTUNATELY WE COULD NOT DO IT AND THE COURT HAD TO DO IT. SECONDLY, I DON'T FOLLOW THE GOVERNOR'S POLITICAL LIFE IN THE NATIONAL GOVERNOR ASSOCIATION BUT I THINK IT WOULD BE ODD FOR HIM TO DISARM UNTIL THIS NATION AND STATE COMES TO ITS SENSES AND TAKES POLITICS OUT OF WHAT WE DO HERE EVERY TEN YEARS. SO THE BILL IS UN-CONSTITUTIONAL BECAUSE ARTICLE TWO SECTION SIX OF THE VIRGINIA CONSTITUTION SAYS THAT, QUOTE, GENERAL ASSEMBLY SHOULD REAPORTION THE COMMON WNL IN ACCORDANCE WITH THIS SECTION IN THE YEAR 2011 AND EVERY TEN YEARS THEREAFTER. THIS SETS UP A REDISTRICTING LAW WHICH IS A EXCLUSIVE TIME TO REDRAW THE DISTRICTS, I THINK STRICT CONSTRUCTIONISTS MIGHT LIKE THAT AND NOWHERE IN THE CONSTITUTION IS IT ENUMERATED THAT TECHNICAL ADJUSTMENTS ARE OKAY. SO WHILE THE SUPREME COURT HAS NOT ADDRESSED THIS YET, A RICHMOND CIRCUIT COURT WHICH HANDLES A LOT OF THESE CASES HELD A CONSTITUTION IS LIMITED TO THE AUTHORITY AFTER THE YEAR 2011. THERE IS NO OPPOSITE OR CONTRARY DECISION IN ANY COURT TO THE CONTRARY. MOREOVER, IT SETS UP A BAD PRECEDENT. THE PROCESS HAS BEEN DEFENDED ON THESE GROUNDS IN THE COURT. SO IF IT IS OKAY TO MAKE MINOR CHANGES THEN IT'S OKAY TO MAKE MAJOR CHANGES TO DISTRICTS THE BODY IS URGED TO SUSTAIN THIS COUNTRY.

Del. Bill Howell (R-Fredericksburg): MR. SPEAKER, WOULD THE GENTLEMAN FROM SPOTSYLVANIA RESUME THE FLOOR FOR PURPOSES OF A QUESTION.

[Unknown]: WILL THE GENTLEMAN YIELD? I YIELD. GENTLEMAN YIELDS. I ASK THE GENTLEMAN HOW MANY EXPERIENCES, HOW MANY TIMES HAVE WE MADE THESE TECHNICAL ADJUSTMENTS BETWEEN DISTRICTS LIKE THIS IN THE PAST? MR. SPEAKER, I ANSWER AND SAY THESE HAVE BEEN MADE NUMEROUS TIMES THROUGHOUT THE YEARS, AND MY UNDERSTANDING BEFORE I GOT HERE IT WAS NOT UNCOMMON FOR TECHNICAL ADJUSTMENTS TO BE MADE AFTER ALMOST EVERY REDISTRICTING. WILL THE GENTLEMAN YIELD FOR AN ADDITIONAL QUESTION? I YIELD. AND I ASK THOSE ADJUSTMENTS, HOW MANY TIMES HAS THE COURT RULED THEM UN-CONSTITUTIONAL? MR. SPEAKER, I WOULD SAY I'M NOT AWARE AND I WOULD LIKE TO ADD THAT THE SITUATION THAT WE'RE IN IS THAT WE'RE RESPONSIBLE FOR DRAWING CONGRESSIONAL DISTRICTS AND HOKAL GOVERNMENTS RESPONSIBLE FOR SETTING UP PRECINCTS THAT LEADS TO A SITUATION AND IT HAS BEEN THE CUSTOM OF THE BODY TO MAKE REDISTRICTS. SPEAKING TO THE GOVERNOR'S VETO, MR. SPEAKER.

Del. Bill Howell (R-Fredericksburg): I HAVE SOMEONE ELSE. HE DECIDED HE DIDN'T WANT TO GENTLEMAN HAS THE FLOOR. SPEAK.

[Unknown]: THANK YOU, MR. SPEAKER, SPEAKING TO THE GOVERNOR'S VETO, I MEAN, LISTENING TO DELEGATE COLE WE HAVE DONE THIS UNDER REPUBLICAN AND DEMOCRATIC GOVERNORS, THERE HAS NEF BEEN A SUCCESSFUL ADJUDICATED AS UN-CONSTITUTIONAL. I HOPE THE BODY WILL JOIN ME IN OVERRIDING THE GOVERNOR'S VETO. THANK YOU, MR. SPEAKER A POINT OF INFORMATION. SINCE THIS IS OUR FIRST VETO, YOU WILL STATE SHALL THE HOUSE OVERRIDE THE GOVERNOR'S VETO? ISN'T IT TRUE IF YOU WANT TO OVERRIDE YOU WOULD VOTE QUESTION. IF YOU DO NOT WANT TO OVERRIDE, YOU VOTE NO? YES. THE QUESTION WILL BE IN AFFIRMATIVE. SHALL THE HOUSE OVERRIDE THE GOVERNOR'S VETO? SO YOU WOULD VOTE YES. YOU WOULD VOTE YES.

Del. Bill Howell (R-Fredericksburg): SHALL THE HOUSE OVERRIDE THE