TUESDAY, OCTOBER 26 , 2021. THE WASHINGTON POST EZ M2 A
Harrell questioned whether an
independent commission devoid
of lawmakers could truly be “non-
partisan” either, believing it
would probably encounter many
of the same political problems
while at the same time lacking
expertise.
Sen. George Barker (Alexan-
dria), one of the main Democratic
architects of the bipartisan com-
mission, agreed. He stood by the
bipartisan structure of the com-
mission and said it deserves a
second chance in 2030. He said
one mistake was that lawmakers
should have included more ex-
plicit guidance in legislation on
what it means to have a map that
did not “unduly favor” one party
or the other, and he said l awmak-
ers can do that before the next
census.
One organization that lobbied
hard in support of the amend-
ment, however, has already seen
enough.
“I certainly don’t think this has
been an advertisement for having
legislators on a commission,” said
Liz White, executive director of
OneVirginia2021, which through
an offshoot, Fair Maps Virginia,
pushed for the amendment last
year.
Now, even though the state
Supreme Court is expected to
draw the maps, White said she
still considered that a better out-
come than allowing Democrats
unobstructed control of redis-
tr icting in the General Assembly
and doing nothing to overhaul
redistricting. Echoing the silver
lining that several commissioners
pointed to last week, White said
she hoped the court would take all
of the public comment and pro-
posals, and use them to create fair
maps.
“I still think that everyone in
Virginia agreed what the prob-
lem was, and the problem was
one party got to draw maps in
secret, with no transparency, no
oversight, no consideration for
the other party or for voters,”
White said, “and I think this is a
success in that it has moved
away from that. The real failure
would have been doing it the old
way.”
[email protected]
Colby Itkowitz contributed to this
report.
undermining voters’ pleas for a
fairer and less politically driven
process.
In Michigan, Democrats and
voting rights advocates have ac-
cused the new nonpartisan com-
mission of GOP bias, and the
congressional map it passed still
favors Republicans in a state
Biden won and that has a Demo-
cratic governor. In Colorado, a
solidly blue state, the independ-
ent commission drew a congres-
sional map that protects the four
Democratic and three Republi-
can incumbents, while intention-
ally drawing a new 8th District to
be a toss-up. Latino advocacy
groups have filed challenges to
the map, saying it doesn’t take
into account their g rowing d emo-
graphic.
Sam Shirazi, an Arlington resi-
dent who was outspoken in pro-
viding public comment and sub-
mitting his own proposals, said he
believed Virginia’s commission
erred by not considering more
public comment earlier in the
process. Lawmakers, he said, also
appeared to dominate the process
compared with the citizen com-
missioners, when that runs coun-
ter to the ethos of a redistricting
commission removed from the
legislature.
“The biggest issues were elect-
ed officials being on the commis-
sion who obviously have certain
interests and agendas,” said Shi-
razi, a lawyer with the Justice
Department who stressed that he
was speaking in his personal ca-
pacity and does not work on vot-
ing rights.
Whether there is any appetite
for a commission composed of
only citizens will probably form
the thrust of Virginia’s next redis-
tricting debate ahead of the 2030
Census.
The Democratic citizen com-
missioners either declined inter-
views saying they did not want to
publicly discuss the commission-
ers’ work before it was definitive-
ly complete or t hey did not re-
spond to a request. But two Re-
publican citizen commissioners
— Richard Harrell, a trucking
executive, and Virginia Trost-
Thornton, a plaintiff’s attorney —
said they found the inclusion of
lawmakers essential because they
personally did not have experi-
ence in redistricting.
much sway. But Wasserman ar-
gued that t he commission’s fatal
flaw was the decision to forgo
creating any kind of tiebreaking
mechanism, such as the inclusion
of third-party or self-described
independents on the commission.
(Virginia does not require party
registration.) Other states would
be wise to avoid that problem, he
said.
“It’s a fool’s errand to believe
that partisans appointed by party
leaders are going to get in a room
and hash out their differences to
draw a map that neither party
fully likes,” Wasserman said. “Un-
less there’s some mechanism for
breaking a tie in favor of one party
or the other, which New Jersey
has, which Arizona has, which
Montana has, there is never a
chance of success.”
Virginia is one of 10 states to
have passed initiatives shifting to
commissions to draw its congres-
sional lines. Many of the commis-
sions, such as those in Colorado
and Michigan, were created after
the extreme gerrymandering that
took place in 2011, as voters asked
politicians to remove themselves
from redistricting and cede the
responsibility to independent
commissions. Other states have
tightened redistricting laws, add-
ing requirements aimed at mak-
ing it fairer.
But like in Virginia, many of
those efforts have been mired by
partisanship and dysfunction,
What would it take for commis-
sioners to do that? “That’s a tough
question,” he said.
Stanley, for one, thought the
inclusion of citizen commission-
ers inhibited legislators’ progress
toward overcoming partisan grid-
lock, saying the citizens were not
used to political negotiating. He
also argued i t didn’t help that
some Democrats on the commis-
sion had opposed its creation.
One of them, Marcus Simon,
ascribed the partisan gridlock to
an innate “imbalance i n bargain-
ing power.” Republicans, he ar-
gued, had nothing to lose since
they were already in the minori-
ty, while Democrats hoped to
create a map that reflected gains
their party has made over the
past decade. Republicans ha-
ven’t won statewide since 2009
and currently hold only four of
the commonwealth’s 1 1 U.S.
House seats.
“I knew Democrats wouldn’t
stand a chance of actually being
able to negotiate a fair map be-
cause Republicans had a different
set of incentives than we did,” he
said. If negotiations failed, he
said, “they had no real problem
with it going to the Supreme
Court full of members they elect-
ed.”
The amendment also required
a supermajority of citizens and
legislators to pass a map, which
the architects intended to prevent
any one group from having too
along, saying the amendment and
legislation lacked more explicit
language to protect the interests
of minority voting populations.
Other Democrats opposed the
amendment arguing that it would
not take politics out of redistrict-
ing, since it was bipartisan rather
than nonpartisan.
Del. Marcia Price (D-Newport
News) — a member of both the
Legislative Black Caucus and Fair
Districts VA, one of the loudest
lobbying arms against the
amendment — said both sets of
concerns were on full display over
the past two months. The com-
missioners, she argued, failed to
agree on a map that fully reflected
Virginia’s changing racial and po-
litical demographics — and ulti-
mately agreed on nothing. She
said she favored an independent
commission composed of just cit-
izens.
“It’s frustrating but also pre-
dictable,” she said. “We did sound
the alarm for two years, or longer,
of what could happen if we went
with this model of a commission,
and I just think inherently when
you have a partisan and political
process you’re going to have grid-
lock. You’re going to have people
looking out for their own self
interests.”
The process was “doomed from
the start,” said the nonpartisan
Cook Political Report’s redistrict-
ing expert Dave Wasserman.
Early on, commissioners essen-
tially created two parallel uni-
verses to work within — one Re-
publican, one Democrat, choos-
ing to “cut the baby in half,” a s Del.
Marcus Simon (D-Fairfax) put it.
They couldn’t agree on one set of
map-drawers, so they picked two
sets: one Republican and one
Democrat. They c ouldn’t a gree on
one set of lawyers so they picked
two: one Republican and one
Democrat. And when it came
down to it, as commissioners
tried to reconcile the two compet-
ing sets of recommendations,
they never managed to.
“For me it was frustrating,” s aid
state Sen. William M. Stanley (R-
Franklin), who replaced state Sen.
Steve Newman (R) on the com-
mission after Newman resigned,
“because it just seemed like there
was never going to be a consensus
if we could not put aside partisan
divides.
drawing any state House and Sen-
ate maps, resorting to the amend-
ment’s fail-safe provision to let
the state Supreme Court draw the
maps in the event that they could
not agree on a final product. Last
week, commissioners gridlocked
again on a congressional map,
with Democratic co-chair Greta
Harris comparing their repeated
inability to transcend the impasse
as “the definition of insanity.” The
commission left open the possi-
bility that it could return to con-
tinue debating a congressional
map within a 14-day extension
period that ends Nov. 8. But sev-
eral commissioners say they con-
sider that very unlikely.
Now, as numerous states
around the country begin transi-
tioning to or consider creating
their own redistricting commis-
sions, Virginia’s experience un-
doubtedly offers lessons.
Stephen Farnsworth, a politi-
cal science professor at the Uni-
versity of Mary Washington, said
Virginia should start thinking
about substantial changes to the
process before the next redistrict-
ing in 2030 to regain the confi-
dence of voters who sought
change. The commission, he said,
“failed in every respect to do what
the majority of Virginians
thought would be the best way
forward.”
“Failure should not have been
an option, but that’s where this is
headed,” Farnsworth said. “It
seems extremely likely that there
will be a new system in place for
redistricting after the 2030 Cen-
sus. I cannot imagine anyone
looking at this process and say-
ing, ‘Let’s give it another try.’ ”
Republicans in the General As-
sembly pushed the creation of the
bipartisan redistricting commis-
sion just before losing the majori-
ty i n 2019. Under the amendment,
the commission is composed of
eight legislators and eight citi-
zens, evenly divided by party, and
its members are appointed by the
General Assembly’s Democratic
and Republican leadership. But
Democrats, while initially recep-
tive to the overhaul, ultimately
splintered.
Numerous Democrats on the
Legislative Black Caucus opposed
the bipartisan commission all
REDISTRICTING FROM A
Va. redistricting commission’s dysfunction offers lessons f or other states
BILL O’LEARY/THE WASHINGTON POST
One member called the Virginia Redistricting Commission’s failure
to deliver new maps due to partisanship the “definition of insanity.”
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