Virginia Beach’s charter change over its election system hits speed bump at General Assembly

VIRGINIA BEACH — A bill working its way through the General Assembly that would bring the city’s charter up to snuff with its district-based election system has hit a speed bump.

House Bill 416, sponsored by Virginia Beach Democrat Kelly Convirs-Fowler, amends the charter to “reflect the City’s transition to a city council consisting solely of single-member districts and the mayor.” The charter currently allows for three at-large seats.

But in a House committee meeting last Friday, Republican Del. Anne Ferrell Tata cited concerns about the bill being “premature” because there wasn’t unanimous support from Virginia Beach’s City Council and that she was aware of a pending private lawsuit.

On Wednesday morning, several Virginia Beach residents filed a lawsuit in state court contending the city “illegally manipulated the Virginia Beach electoral system by eliminating three at-large seats that are expressly established under the City Charter,” and deprived the rights of voters.

The plaintiffs include former City Council member Linwood Branch, former Planning Commission Chair Dee Oliver, Don Horsely, Steve Simpson and LaTonya Roberson.

The city’s voting system was overhauled as a result of a lawsuit filed in 2017 by residents Latasha Holloway and Georgia Allen, which alleged the at-large system that allowed residents from across the city to vote in every council race was illegal. A federal judge agreed in 2021, finding the at-large voting system was unconstitutional because it diluted minority voting power.

The court imposed a ward based election system for Virginia Beach, while appointing a special master to draw 10 new voting district maps. The so-called 10-1 system 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 Virginia Beach School Board is elected by the same system as the City Council.

The General Assembly 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. And the 2022 elections were held under the ward-based system. But the city’s charter was never changed. The city attorney says the charter change is a desired step. It’s unclear if the changes would ensure the city can withstand legal challenge.

“The City would strongly prefer that General Assembly adopt the charter change bill so that the City’s charter is conformed to the City’s adopted decennial redistricting measure,” Deputy City Attorney Chris Boynton wrote in an email to The Virginian-Pilot. “There are some people who are challenging or would challenge any system not being explicitly set forth in the charter, but there are several other general law bills in the General Assembly that would take other paths to harmonize state law with the City’s adopted decennial redistricting measure.”

House Bill 416 ultimately passed out of the committee in a 12-9 vote along party lines with Republicans voting against it. On Wednesday, the bill was expected to be discussed on the House floor but was passed by for the day.

Brent McKenzie, the city’s legislative affairs liaison, told the City Council at Tuesday’s meeting that his team is actively working to gain support from House members.

The charter change bill requires a 2/3rds majority vote in each chamber of the General Assembly to advance. Democrats hold a 51-49 majority in the House.

An identical bill, SB189, sponsored by Virginia Beach Democrat Sen. Aaron Rouse, passed unanimously in the Senate last week.

While the city wants its charter to line up with its election system, a redistricting ordinance adopted by the City Council last August takes precedence anyway, according to Boynton. In a 10-1 vote in August, the City Council formally adopted a redistricting plan and authorized a ward-based election system, the same method used in November 2022.

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.

Also, state legislation passed in 2021 prevents Virginia Beach from having a voting system in which district representatives are elected by all voters across the city.

Virginia Beach Democrats have also put forth contingency measures that could would ensure the 10-1 system stays in place. Convirs-Fowler has proposed a bill (HB1302) that even if there weren’t a chartered change, the city would have to have a 10-1 system. The bill requires that if a city is subject to a federal remedial order even, if it’s vacated, it has to adopt the system.

Del. Alex Askew (D) proposed a similar bill (HB410) that if a jurisdiction is subject to a remedial order for violation of either state or federal voting acts, even if it’s vacated, they can adopt the system that the court ordered.

Even if the bills were to fail, state law provides that “in the event of a conflict between the provisions of a decennial redistricting measure and the provisions of the charter of any locality, the provisions of the redistricting measure shall be deemed to override the charter provisions to the extent required to give effect to the redistricting plan.”

At the same time, the city is facing a federal lawsuit, in addition to the lawsuit filed Wednesday. Former mayoral candidate Richard “R.K.” Kowalewitch and Donald Edwards contend in a federal lawsuit that the city illegally changed its voting system prior to the 2022 election.

“Currently, the General Assembly of Virginia is attempting to create ex post facto law,” the plaintiff’s wrote in a news release Sunday. They want a charter change vote or referendum for voters to choose an election system.

An independent survey conducted last year concluded that 81% of survey respondents support the 10-1 system.

The Holloway case was dismissed without prejudice after the City Council adopted the redistricting and requested a charter change. The plaintiffs can refile.

“I did not say I would not sue them again,” said Allen, who joined Virginia NAACP members and other activists at City Hall Tuesday to denounce any potential removal of the 10-1 district voting system.

Stacy Parker, 757-222-5125, stacy.parker@pilotonline.com