Bill Text: VA SB1087 | 2019 | Regular Session | Prefiled
Bill Title: House of Delegates & Senate districts; technical adjustments subsequent to decennial redistricting.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-04-29 - Governor: Vetoed by Governor [SB1087 Detail]
Download: Virginia-2019-SB1087-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-304.1, 24.2-307, and 24.2-308 of the Code of Virginia are amended and reenacted as follows:
§24.2-304.1. At-large and district elections; reapportionment and redistricting of districts or wards; limits.
A. Except as otherwise specifically limited by general law or special act, the governing body of each county, city, or town may provide by ordinance for the election of its members on any of the following bases: (i) at large from the county, city, or town; (ii) from single-member or multi-member districts or wards, or any combination thereof; or (iii) from any combination of at-large, single-member, and multi-member districts or wards. A change in the basis for electing the members of the governing body shall not constitute a change in the form of county government.
B. If the members are elected from districts or wards and other than entirely at large from the locality, the districts or wards shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district or ward. In 1971 and every 10 years thereafter, the governing body of each such locality shall reapportion the representation among the districts or wards, including, if the governing body deems it appropriate, increasing or diminishing the number of such districts or wards, in order to give, as nearly as is practicable, representation on the basis of population.
C. For the purposes of redistricting and reapportioning representation in 2001 and every 10 years thereafter, the governing body of a county, city, or town shall use the most recent decennial population figures for such county, city, or town from the United States Bureau of the Census, which figures are identical to those from the actual enumeration conducted by the United States Bureau of the Census for the apportionment of representatives in the United States House of Representatives, except that the census data for these redistricting and apportionment purposes will not include any population figure that is not allocated to specific census blocks within the Commonwealth, even though that population may have been included in the apportionment population figures of the Commonwealth for the purpose of allocating United States House of Representatives seats among the states. The governing body of any county, city, or town may elect to exclude the adult inmate population of any federal, state, or regional adult correctional facility located in the locality from the population figures used for the purposes of the decennial reapportionment and redistricting. The adult inmate population so excluded shall be based on information provided by the facility as to the adult inmate population at the facility on the date of the decennial census.
D. Notwithstanding any other provision of general law or
special act, the governing body of a county, city, or town shall not
reapportion the representation in the governing body at any time other than
that required following the decennial census, except as (i) provided by law
upon a change in the boundaries of the county, city, or town that results in an
increase or decrease in the population of the county, city, or town of more
than one percent,; (ii) the result of a court
order,;
(iii) the result of a change in the form of government,; or (iv) the result of an
increase or decrease in the number of districts or wards other than at-large
districts or wards. The foregoing provisions notwithstanding, the governing
body subsequent to the decennial redistricting may shall adjust district or ward
boundaries in order that the boundaries might coincide with state legislative
or congressional district boundaries; however, no adjustment
shall affect more than five percent of the population of a ward or district or
250 persons, whichever is lesser. If districts created by a
reapportionment enacted subsequent to a decennial reapportionment are invalid
under the provisions of this subsection, the immediately preexisting districts
shall remain in force and effect until validly reapportioned in accordance with
law.
§24.2-307. Requirements for county and city precincts.
The governing body of each county and city shall establish by ordinance as many precincts as it deems necessary. Each governing body is authorized to increase or decrease the number of precincts and alter precinct boundaries subject to the requirements of this chapter.
At the time any precinct is established, it shall have no more than 5,000 registered voters. The general registrar shall notify the governing body whenever the number of voters who voted in a precinct in an election for President of the United States exceeds 4,000. Within six months of receiving the notice, the governing body shall proceed to revise the precinct boundaries, and any newly established or redrawn precinct shall have no more than 5,000 registered voters.
At the time any precinct is established, each precinct in a county shall have no fewer than 100 registered voters and each precinct in a city shall have no fewer than 500 registered voters.
Each precinct shall be wholly contained within any a
single congressional district, Senate district, House of Delegates district, or
election district used for the election of one or more members of the governing
body or school board for the county or city. The
governing body of each county and city shall establish its precinct boundaries
immediately after the completion of the decennial redistricting by the General
Assembly so that each precinct is so wholly contained. If,
after exercising its authority to establish precincts pursuant to this section
and to adjust local election districts pursuant to §24.2-304.1, the governing
body is unable to establish a precinct without
splitting the precinct between two or more congressional districts, Senate
districts, House of Delegates districts, or local election districts, it shall
apply to the State Board for a waiver to administer a split precinct. The State
Board may grant the waiver or direct the governing body to establish a precinct
with less than the minimum number of registered voters as permitted by §
24.2-309, as it deems appropriate.
The governing body shall establish by ordinance one polling place for each precinct.
§24.2-308. Requirements for town precincts.
There shall be one precinct for each town unless the council by ordinance establishes more than one precinct.
Each town precinct shall be wholly contained within any a single
congressional district, Senate district, House of Delegates district, or
election district used for the election of one or more council or school board
members. The council shall establish its precinct
boundaries immediately after the completion of the decennial redistricting by
the General Assembly so that each precinct is so wholly contained. If, after
exercising its authority to establish precincts pursuant to this section and to
adjust local election districts pursuant to §24.2-304.1, the council is unable
to establish a precinct without splitting the precinct between two or more
congressional districts, Senate districts, House of Delegates districts, or
local election districts, it shall apply to the State Board for a waiver to
administer a split precinct. The State Board may grant the waiver or direct the
council to establish a precinct
with less than the minimum number of registered voters as permitted by §
24.2-309, as it deems appropriate
The council shall establish by ordinance one polling place for each precinct.
