Divided House passes Virginia Beach charter bill on election districts
State delegates approved a contentious bill Wednesday that will align the city’s election system with its charter, sending it on the way to the governor’s desk.
Because the bill would change the city’s charter, it required a two-thirds majority, or 67 votes, to move forward. Democrats backed the measure, but hold only a 51-49 majority in the House.
In January, the Senate unanimously passed an identical bill. But Republican lawmakers in the House had shared concerns about litigation over the city’s new ward-based election system and whether they should approve the charter amendment bill while two lawsuits are pending. The bill, sponsored by Del. Kelly Convirs-Fowler, was met with pushback in committee by Republicans who voted along party lines against it.
On Wednesday, HB416 was approved with 75 votes. Some Republicans delegates supported the measure, but none from Virginia Beach. Dels. Anne Ferrell Tata and Barry Knight were among 24 who voted against it. One person abstained.
“The City is thankful that the House of Delegates has joined the Senate of Virginia in passing charter change legislation affirming the City’s adoption of the 10-1 election system, and we look forward to the successful completion of the legislative process,” Deputy City Attorney Chris Boynton wrote in an email to The Virginian-Pilot minutes after the vote.
Virginia Beach’s election system was overhauled as a result of a lawsuit filed in 2017 that alleged the at-large system that allowed residents from across the city to vote in every council race was illegal and diluted minority voting power. A federal judge agreed in 2021, and the court imposed a district-based election system on Virginia Beach and appointed a special master to draw 10 new voting district maps.
The so-called 10-1 system was used in the 2022 election and includes 10 districts — representatives must live in their district and only residents who live in the district can vote for their representative — and the mayor is elected at-large.
The General Assembly also approved legislation in 2022 that requires district representatives for the City Council and School Board only appear on ballots for the voters who reside within the bounds of the district.
The effects of the changes to the city’s voter system were immediately evident. The council sworn into office in 2023 was the most diverse — and possibly the youngest — in city history with four Black representatives and four members under 45.
At this year’s General Assembly, the city is seeking to amend its charter to reflect the new election system.
But the city is also facing two lawsuits, one filed in federal court and the other in state court, which each challenge the process used to change the city’s election system and eliminate the at-large seats.
Virginia Beach filed a response to the state lawsuit last week, arguing that Virginia law authorizes local governing bodies to increase and decrease districts during decennial redistricting, which takes legal precedence over the city charter provisions.
The two identical bills will be voted on again this session in opposite chambers. If approved again, it’s unclear if they’ll be combined or if both will be sent separately to Gov. Glenn Youngkin for approval, according to Convirs-Fowler.
If the governor green lights the bills, the lawsuit filed in state court could be withdrawn.
“We’ll be moving forward unless the bill becomes law,” Brandan Hangar, lawyer for the plaintiffs, said this week.
Stacy Parker, 757-222-5125, stacy.parker@pilotonline.com
