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Justice Department approves Virginia’s congressional redistricting plan

The U.S. Department of Justice approved Virginia’s congressional redistricting plan Wednesday, allowing the new district boundaries to take effect for June primaries and the November general election.

The federal approval ends a lengthy and contentious redistricting process that began last year and stalled when the politically divided General Assembly could not reach an agreement on a congressional district map. When Republicans took control of the state Senate in January, a GOP-crafted plan quickly passed both houses of the legislature and was signed into law by Gov. Bob McDonnell.

The federal government must approve Virginia’s redistricting plans to ensure compliance with a provision of the Voting Rights Act of 1965, which prohibits discriminatory reapportionment schemes.

The  late-day news of the Justice Department’s approval  is significant because a delay could have affected the schedule for party primaries in congressional races and the battle for Virginia’s open U.S. Senate seat. The General Assembly last week passed legislation that would have pushed the primaries back to August if the Justice Department had not cleared Virginia’s redistricting plan by April 3. Now the primaries will take place on June 12, as originally scheduled.

“We are pleased that the Department of Justice has recognized the plan conforms with federal law and we are looking forward to elections this fall,” McDonnell spokesman Tucker Martin said.

– Michael Sluss

State lawsuit over congressional redistricting dismissed

The Richmond Circuit Court has dismissed a lawsuit filed by six plaintiffs who wanted judges draw a congressional redistricting plan after the General Assembly failed to get the job done last year.

The politically divided General Assembly could not agree on a congressional redistricting plan in 2011, the date required by the state constitution. But after Republicans took control of the Senate last month, lawmakers swiftly passed a redistricting plan and Gov. Bob McDonnell signed it into law. The dismissal of the state lawsuit comes 17 days after a U.S. District judge in Alexandria dismissed a similar federal lawsuit.

“We are pleased that the court has granted our motion for summary judgment,” Attorney General Ken Cuccinelli said in a statement announcing the lawsuit’s dismissal. “As we have said from the very beginning, both the U.S. Constitution and the Virginia Constitution provide that redistricting is a matter to be handled by the General Assembly. Once the General Assembly drew new lines, there was simply no need for involvement by the court.”

The U.S. Department of Justice must sign off on Virginia’s congressional redistricting plan to ensure compliance with the federal Voting Rights Act. The new district boundaries would take effect for this fall’s elections.

“Now that the challenges to the General Assembly’s power to draw new congressional lines have all been dismissed, we will continue to work with the U.S. Department of Justice to obtain pre-clearance of the lines under the Voting Rights Act so that the congressional primaries and the general elections can occur with as little confusion and disruption as possible,” Cuccinelli said. “The law passed by the General Assembly and signed by Governor McDonnell meets all constitutional and statutory requirements, and we are ready to litigate that question if necessary.”

– Michael Sluss

Federal lawsuit over congressional redistricting dismissed

A federal judge has dismissed a lawsuit filed in November by six Virginia plaintiffs who wanted the court to draw a congressional redistricting plan.

The U.S.  District Court in Alexandria dismissed the case today, partly because the General Assembly has passed a congressional redistricting plan that rendered the lawsuit moot, Attorney General Ken Cuccinelli said.

“We are pleased that the court has granted the Motion to Dismiss,”  Cuccinelli said in a news release late today. “Both the United States Constitution and the Virginia Constitution provide that redistricting should be handled by the General Assembly. Because the General Assembly has now completed the required redistricting, it was appropriate for the court to decline to become involved.”

The plaintiffs in the lawsuit wanted  a three-judge panel invalidate Virginia’s current congressional districts and draw a new map that would take effect for the 2012 elections. At the time the lawsuit was filed, the politically divided General Assembly had failed to reach an agreement on a congressional redistricting plan. The plaintiffs argue that the state constitution required lawmakers to draw new districts in 2011.

After Republicans took working control of the Senate last month,  the General Assembly swiftly approved a congressional redistricting plan and Gov. Bob McDonnell signed it into law. It still must get pre-clearance from the U.S. Department of Justice to be in place for the November elections.

The federal lawsuit is similar to a state case that another group of plaintiffs has filed in Richmond Circuit Court. The plaintiffs in that case argue that the General Assembly forfeited its authority to draw new congressional districts when it failed to act in 2011, and they want the court to draw new district lines. A motions hearing in that case is set for Monday.

– Michael Sluss

McDonnell signs congressional redistricting bill

Gov. Bob McDonnell has signed legislation that remaps Virginia’s congressional districts, but the state faces a lawsuit over the General Assembly’s authority to pass a redistricting bill a year later than the state’s constitution requires.

McDonnell signed the bill last night, a development that became public only after Attorney General Ken Cuccinelli’s office released a statement today about a ruling in a lawsuit filed in Richmond Circuit Court.

The court denied a motion to dismiss a lawsuit filed by six plaintiffs  over the new congressional redistricting plan. The plaintiffs assert that the state constitution required lawmakers to pass a redistricting plan in 2011 — something that didn’t happen because of partisan gridlock in the state Capitol. A Cuccinelli spokesman said the effect of the court’s opinion is to divest the General Assembly of its authority to pass a bill this year.

Cuccinelli argues that the circuit court has exceeded its authority and wants the state Supreme Court to intervene. Time is of the essence, since congressional elections will take place this year and primaries will be held in June.

“Given the impending elections and deadlines associated with the federal Voting Rights Act, my office is seeking immediate intervention by the Supreme Court of Virginia,” said Cuccinelli in a statement released by his office. “We are filing a writ of prohibition, seeking a ruling that the circuit court’s ruling exceeds its jurisdiction. We are also seeking an immediate appeal of the order and a stay of further proceedings in the circuit court until the Virginia Supreme Court has ruled.”

The Republican-crafted redistricting bill sailed through the General Assembly this month, with Democrats now lacking the votes to stop it in the Senate. The plan adjusts the boundaries of the state’s 11 congressional districts to account for population shifts reflected in the 2010 census. It preserves the core of each of the state’s existing districts.

Senate Democrats complained that the plan packs black voters into the 3rd Congressional District, which is represented by the state’s only black representative, Democrat Robert “Bobby” Scott of Newport News. Democrats contend the plan dilutes black voting strength in three adjacent districts — all of them represented by Republicans.

– Michael Sluss

McDonnell to get congressional redistricting plan

A congressional redistricting plan that preserves the political bases of the state’s 11 incumbent congressmen is on its way to Gov. Bob McDonnell’s desk after clearing the state Senate this morning.

The Republican-drawn plan cleared the Senate by a 20-19 vote despite protests from Democrats who argued that the plan was drawn to protect incumbents and diluted the influence of minority voters. The plan is identical to one that passed the House of Delegates last year, but was rejected by a Democrat-controlled Senate.

The plan expands the boundaries of three districts that cover parts of Southwest Virginia. Among other things, it moves the city of Salem from the 6th District, now represented by Republican Bob Goodlatte of Roanoke County, to the 9th District, represented by Salem Republican Morgan Griffith. Griffith was elected to the 9th District seat in 2010 even though he lived just outside the district.

A Democratic-sponsored Senate plan introduced last year also put Salem in the 9th District and shifted Roanoke from the 6th District to the 9th District. But the Republican-dominated House of Delegates refused to go along with that plan.

Senate Democrats opposed the Republican-sponsored redistricting plan because of the apportionment of black voters in the eastern half of the state. Senate Democrats wanted to create a second minority-influence voting district. Virginia’s black population is about 20 percent, but blacks are a majority of the voting age population in just one district — the 3rd District, represented by Rep. Robert “Bobby” Scott, D-Newport News.

– Michael Sluss

 

Federal court asked to draw Virginia congressional districts

Six Virginia residents have asked a federal court to draw new congressional districts for the state, arguing that the General Assembly has failed to enact a redistricting plan and won’t get the job done before the year ends.

A lawsuit filed Wednesday in U.S. District Court in Alexandria seeks to have a three-judge panel invalidate Virginia’s current congressional districts and draw a new map that would take effect for the 2012 elections. The plaintiffs reside in Northern Virginia, Fredericksburg, Richmond and Chesapeake.

The suit names the state board of elections, Gov. Bob McDonnell, Lt. Gov. Bill Bolling and Attorney General Ken Cuccinelli as defendants.

The politically divided General Assembly has failed to pass a congressional redistricting plan this year and leaders in both houses concede that no agreement will be reached this year, as required by the state constitution. House of Delegates Speaker Bill Howell, R-Stafford County, said last week that lawmakers will move quickly to pass a bill after the General Assembly convenes in January, when Republicans will have working majorities in both chambers.

But Alexandria attorney Gerald Hebert, who represents the plaintiffs in the lawsuit, said that will be too late because the state constitution requires the legislature to pass a redistricting plan in 2011. And, because of federal Voting Rights Act requirements, Virginia’s redistricting plan must get “preclearance” from the Department of Justice or a federal court. That could take at least 60 days and bump up against candidate filing deadlines, according to the lawsuit.

Hebert has represented Democrats at the state and national levels in redistricting matters.  But Hebert said in a phone interview that the lawsuit filed Wednesday is not associated with the state Democratic Party or Senate Democrats, who lost their majority in last week’s elections.

Hebert said the plaintiffs live in districts that are “malapportioned” after the 2010 census.

The Senate and House passed competing redistricting plans earlier this year but have failed to reconcile differences between the proposals. The major disagreement involves the apportionment of black voters in two congressional districts between Richmond and Hampton Roads.

Roanoke also figures in the dispute. The House plan leaves the city in the 6th District, represented by Rep. Bob Goodlatte, R-Roanoke County. The district would extend east to Lynchburg and north through the Shenandoah Valley.

The Senate’s plan would put Roanoke in the 9th District, which extends to to far Southwest Virginia. Republican Morgan Griffith of Salem was elected to represent the district last year. Both plans have Salem in the 9th District.

– Michael Sluss

Salem’s most solidly GOP precincts showing strong turnout

Voter turnout in Salem was running highest at 3 p.m. in Salem’s most strongly Republican precincts, suggesting voters there favor returning Republican Ralph Smith to the state Senate over independent Brandon Bell in the 19th District.

Overall turnout was slightly more than 18 percent in the city that routinely backs Republicans, but was above 20 percent and as high as 23 percent in three precincts that most strongly went for Republicans in recent elections. Those precincts include: Beverly Heights, West Salem and Hidden Valley, which is the city’s largest precinct with 2,566 registered voters.

Smith is currently in his first term representing the 19th, but the redistricting process put his Botetourt County residence in the same district as fellow Republican Steve Newman. To seek a second term, Smith leased a Bent Mountain house from his campaign manager to establish residence in the re-drawn district, which now includes Salem.

Bell, who served two terms in the Senate as a Republican, was defeated for the Republican nomination by Smith four years ago and chose to challenge him this time around as an independent, but he’s received strong backing from state Democrats, including more than $200,000 in campaign funding.

The Senate race is the only contested race on the ballot in Salem. Republican Del. Greg Habeeb and Circuit Court Clerk Chance Crawford are running unopposed.

– Matt Chittum

A video preview of the state Senate elections

The Virginia Public Access Project has produced this useful video primer on the upcoming state Senate elections.

Roanoke goes into the 9th (for a few hours at least)

The Democratic-controlled state Senate this afternoon passed a congressional redistricting plan that moves Roanoke from the 6th District (represented by Bob Goodlatte, R-Roanoke County) into the 9th District (represented by Morgan Griffith, R-Salem.)

However, Michael Sluss reports the House likely will reject the plan when it convenes later today, setting the stage for negotiations between the two chambers that will shape Virginia’s 11 congressional districts for the next decade.

Democrats like the idea of putting Roanoke — usually a Democratic stronghold — into the 9th because they think it would help tilt the 9th District back in their direction. Republicans, for that very reason, think it’s a bad idea.

We looked at the numbers behind that in this April 12 post.

The Week in Review: May 20, 2011

1) Virginia Sens. Ralph Smith and Bill Stanley announce they’re both shifting to new districts, setting up General Assembly races this fall.

Call it musical chairs, or maybe a case of political dosado. Either way, the news was the same: Smith is moving to Stanley’s 19th District and Stanley is moving to Democratic incumbent Roscoe Reynold’s 20th District.

That puts both incumbents in new seats that include substantial portions of their old seats. In Smith’s case, he’s running for what so far is an open seat. In Stanley’s he’s challenging a longtime incumbent and also faces two Republican primary challengers. Gov. Bob McDonnell’s already given his stamp of approval to Stanley, though one of the two GOP candidates suggested that’s inconsequential by saying he’ll accept no endorsements whatsoever.

There’s another interesting wrinkle to this pair of announcements too, in that these races could prove the key to control of the Senate this fall.

2) Freshman Del. Bill Cleaveland announces his retirement at the end of this term, creating an open seat in the 17th District.

Cleaveland, who was elected in 2009 to fill a seat left open by the retirement of William Fralin, cited family and business commitments as the reason for his departure.

Chris Head, the runner-up to Cleaveland in a five-way GOP primary two years ago, has already announced he’s running for the job.

3) U.S. Sen. Mark Warner’s “Gang of Six” melts down over disagreements on a plan to reduce the national deficit.

The bipartisan coalition had won headlines over its efforts to find an alternative plan to lower budget deficits and the national debt. But this week key member Tom Coburn, R-Okla., announced he was dropping out — apparently after a loud argument with Majority Whip Dick Durbin in Warner’s office.

The spat puts the future of the group in question, though Warner continues to insist it’s still viable.

Wednesday, May 22, 2013

Weather Journal

Some severe storm risk thru Thurs.

Wed, 22 May 2013 13:19:25 +0000

About this blog

The Blue Ridge Caucus is written by Roanoke Times newsroom staffers including Dave Ress, Chase Purdy and Dwayne Yancey. The blog covers all things politics, especially west of Virginia’s capitol, with historical perspective on issue and positions, and money and campaign finance.

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