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HAWKINS: Virginia Democrats’ redistricting plan is indefensible and likely unlawful

The General Assembly’s proposed constitutional amendment to bypass Virginia’s independent redistricting commission is yet another political powergrab bound to backfire

Democrats should think twice before moving forward with a reckless political stunt that is almost sure to backfire.
Democrats should think twice before moving forward with a reckless political stunt that is almost sure to backfire.

Virginia is on the verge of a catastrophic political power grab. Democrats in the Virginia General Assembly are pushing a constitutional amendment to redraw the state’s congressional map, engineering nine safe Democratic districts. This move is the latest in an unprecedented mid-decade nationwide gerrymandering brawl. Texas ignited this firestorm in June, and states from Ohio to Maryland have since followed suit. California even took the drastic step of amending its state constitution to oust its independent, bipartisan redistricting commission of the authority to draw congressional maps until at least 2031. Democrats in the Virginia General Assembly have proposed a nearly identical plan to that of California, capitulating to nationwide political winds and sacrificing principles for temporary clout. Democrats should think twice before moving forward with a reckless political stunt that shatters institutional norms.

Currently, Virginia’s Redistricting Commission reflects prudent policy and has yielded reliably successful results. In fact, according to the Gerrymandering Project, Virginia’s congressional map is among the fairest in the entire country. This is, in no small part, a result of a bipartisan structure — the 16-member Commission is composed of an equal number of Democratic and Republican legislators from each chamber, along with citizen members selected by a panel of retired judges. This ensures both legislative and community representation. Any plan must have support from at least six legislative and six citizen commissioners to be enacted. This arrangement produces free and fair elections. 

In addition to yielding tangible results, the system enjoys broad bipartisan support. In 2020, over 65 percent of Virginia voters approved an amendment to the Constitution establishing the Commission. It is easy to understand why this would be so popular — independent commissions produce fair, contested maps that ensure competitive elections, while minimizing vote dilution. Democrats’ proposed amendment would dismantle this popular framework in favor of a far more partisan alternative.

The Democrats’ maneuver to supplant the Commission with a gerrymandered plan is likely illegal and will disenfranchise thousands. To amend the Virginia Constitution, the General Assembly must pass the amendment twice with a general election in between. Then, Virginians must approve the amendment by referendum. The problem is that the intervening general election after the first passage is arguably 2027. Virginia House Democrats first presented the amendment to the floor on October 28, 39 days after early voting began. Many cast their vote with no knowledge that this issue was on the ballot for the next legislature to decide. The so-called “party of democracy” is seeking to systematically short-circuit the electoral process. 

Beyond the potential legal issues with the plan, the Democrats’ proposed gerrymander is simply an atrocious idea that lacks foresight and respect for institutional stability. First and foremost, this is a complete reversal of party policy. In 2021, almost every congressional Democrat — including Gov.-elect Abigail Spanberger — backed a bill that would have required states to adopt independent redistricting commissions. Retreating from this stance now reeks of hypocrisy and opportunism rather than principled politics. By depriving the people of Virginia of their voice for the sole purpose of maximizing legislative control, Virginia Democrats will undermine public trust in elections and lead to the further degradation of institutions.

Unfortunately, Virginia Democrats are pursuing a strategy of prioritizing short-term political power over long-term stability — a strategy that almost always backfires. By bending the rules and casting aside established practice, Democrats are ignoring a fundamental lesson of politics — ham handed power grabs rarely go unpunished. Legislative majorities are never permanent. Democrats have just given Republicans the perfect blueprint for institutional demolition when the pendulum swings the other way. Just as national Democrats’ past attempts to circumvent accepted protocols produced lasting damage, this latest partisan stratagem risks undermining trust, alienating voters and setting a dangerous precedent for future legislatures.

Ultimately, Democrats should be in the business of convincing voters that their policy positions will benefit the lives of everyday Virginians. This requires clear and defined policies from the state legislature, but it does not require attacking institutions and rigging the rules. In January, Democrats in the General Assembly will have a trifecta and a mandate from the voters to bring down the cost of living and return governance to a more civil atmosphere. With the chaotic state of federal politics, no one in Virginia should want to take a wrecking ball to any more state institutions.

If Virginia Democrats want mutually assured destruction, then they will get it. But they should hesitate before moving forward with such a careless plan. Virginia needs robust institutions and enduring rules to maintain a functioning political system that both sides can trust. Overthrowing the principles that safeguard the system undermines this trust and further divides and polarizes the Commonwealth. 

Joshua Hawkins is a viewpoint writer who writes about politics for The Cavalier Daily. He can be reached at opinion@cavalierdaily.com.

The opinions expressed in this column are not necessarily those of The Cavalier Daily. Columns represent the views of the authors alone.

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