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Voter frustration

A dedicated few have long tried to slay the gerrymander beast that allows politicians to pick their voters. For nearly 20 years, state Senator Creigh Deeds proposed redistricting reform bills that typically died in subcommittee. In 2013, attorney Leigh Middleditch founded advocacy nonprofit OneVirginia2021 to reform redistricting, an initiative that was seen as a long shot at the time.

But last year, 66 percent of voters approved a constitutional amendment to have district lines drawn by a bipartisan commission. The commission is ready to roll once the 2020 census numbers come in.

There’s the rub. 

All hopes of conducting 2021 Virginia House of Delegates elections in newly drawn districts crashed when the Census Bureau announced that redistricting data will not be available until September 30, way too late for Virginia to amend districts before the November elections for state offices.

“It was very disappointing that it was at the mercy of census data,” says Middleditch.

That disappointment is particularly keen in Albemarle County, which is split into four House of Delegates districts and has two state senators. Only one of the six representatives lives in Albemarle. 

Sixty-six percent of Albemarle County voted for Joe Biden in 2020, but at the state level the district is represented by four Republicans and two Democrats. Only one of those districts is even remotely competitive—in 2019, five of the six Albemarle pols won their races by at least 19 percent. 

“In my ideal world, Albemarle wouldn’t be four [House] districts,” says Albemarle County Democratic Party chair Stephen Davis. “It would be two,” made up of Charlottesville and Albemarle County in two compact districts and communities of interest, key criteria in fair redistricting.

Although Albemarle County has turned blue over the past decade, currently Crozet, Ivy and western Albemarle are sliced off into the 25th District, which includes parts of Augusta and Rockingham counties, represented by Republican Delegate Chris Runion. 

Runion says in an email that western Albemarle shares with his Shenandoah Valley constituents the same “transitional position” of being neither high-density urban nor low-density rural, although the district has components of both. Of Crozet, he says, “Overall, I believe we are always more alike than dissimilar.”

The 59th District puts southern Albemarle into a district that stretches south of Lynchburg and is represented by Republican Rustburg resident Matt Fariss.

“Certainly an improvement would be three districts, not four,” says Davis. “The 59th District goes to Campbell County. It dilutes the Democratic effort in three [Albemarle] precincts.”

And the 59th is not a community of interest, he says. “We don’t even get the same television or radio stations as Lynchburg.”

Ben Moses is a North Garden Dem who plans to challenge Fariss in November in a district drawn to favor Republicans. “When I decided to run,” says Moses, “my presumption was I would be running on the existing lines.”

Had the lines in the 59th been redrawn, he could have faced a different—and possibly more favorable—electorate. “My excitement in running is not dampened by redistricting,” he says. “There’s so much else we can focus on.” He notes that all 45 Republican-held House of Delegates seats will be challenged by progressive candidates who call themselves the “broadband caucus,” a nod to what many rural communities lack.

Virginia’s constitution requires that lines be redrawn every 10 years based on the latest census. Because that’s not going to happen this year, state elections will use the current lines—and there’s a chance that the state will have elections three years in a row.

Davis predicts that once people know what the new districts are, there could be a court challenge that would result in an election in 2022, and then back to the regular state election schedule in 2023.

Delegate Sally Hudson, a Democrat who represents Charlottesville and part of Albemarle in the 57th District, says the delay is “one of many unfortunate consequences of COVID and the Trump administration. It’s frustrating to all of us who want fair districts.”

The issue probably matters more to people in other districts, she says. “I have one of the few coherent districts on the map.”

Liz White, executive director of OneVirginia2021, points out the delay in redistricting offers opportunities for voter education, resources, and tools, “especially for those historically marginalized by redistricting.”

When drawing new lines, the Virginia Redistricting Commission is required to try to keep “communities of interest” together in the same districts.

“It’s easier to define what a community of interest isn’t,” says White. It could include language, economic interests, or a faith community, she says. It could be, “We all go to this one hospital or we all go to this rec center.”

Communities of interest are not based on “political affiliation or relationship with a political party, elected official, or candidate for office,” according to state code. Citizens can tell the commission what their community is through public hearings or online.

Despite the census setback and the uncharted territory for state elections, she says, “So far we’ve been pleased with the makeup of the commission,” which has eight legislators and eight citizens, equally split between Democrats and Republicans.

Deeds, a Bath County Dem whose own gerrymandered Senate district includes Charlottesville, is not surprised with the latest setback. “The way the last administration handled the census, I wasn’t shocked,” he says.

He says information is already available on where population changes have occurred. “We know which areas have grown and which have lost people. We have a new game plan and we don’t know where it’s going to go.”

For North Garden resident Diana Mead, it’s been a long 10 years since the lines of the 59th District were last drawn. “My outrage over the years has settled into real disappointment with Virginia politicians,” she says. “I am just tired of feeling disenfranchised.”

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An ‘insidious’ and ‘invasive’ threat to democracy

It’s the issue former President Barack Obama will focus on, joining people like Arnold Schwarzenegger and HBO’s John Oliver, who consider it the biggest threat to the United States’ representative government. The menace is not one that comes from outside the country, but a homegrown tradition dating back to the earliest days of the republic: gerrymandering.

That’s the process in which district lines are drawn to favor the party in power, and both Democrats and Republicans are guilty. Ever wonder why Virginia, a state that has gone blue in the past three presidential elections, has Republican majorities in the House of Representatives and the General Assembly? That would be gerrymandering.

Since the last time Virginia’s lines were drawn following the 2010 U.S. census, OneVirginia2021, founded by local mensch Leigh Middleditch, has been working with members of all political persuasions to get compact and contiguous electoral districts drawn before the next redistricting after the 2020 census through grassroots efforts, education and litigation.

One of those efforts is the documentary GerryRIGGED: Turning Democracy On Its Head, which calls gerrymandering both “insidious” and “invasive.” It will screen in Charlottesville April 26.

Local photographer Dan Grogan became a believer after attending a workshop “to address this threat to democracy,” and now is on OneVirginia2021’s foundation and education committee.

“Our biggest enemy is ignorance and apathy,” says Grogan, who points out that in the past seven election cycles, Virginia incumbents “have won at a 98 percent clip” because they’ve selected their voters, not the other way around.

Several bills are put forward in the General Assembly every session, and they typically die in a Republican-controlled subcommittee. But this year at one early morning meeting, committee members were shouted at by angry citizens after redistricting reform bills were killed.

Delegate Steve Landes, one of Albemarle’s four delegates, carried a bill to take the politics out of line drawing. That was defeated, but “the issue is gaining a lot of steam,” says Grogan. “We’ve been done ill by both parties.”

GerryRIGGED screens for free at 7pm Wednesday, April 26, at PVCC’s Dickinson Building.

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Lynn challenges Landes—again

White Hall resident Angela Lynn is tossing her hat into the 25th District ring, most of which lies in Augusta County, so it’s no surprise that gerrymandering was the first issue she talked about during her announcement in front of the Albemarle County Office Building March 7.

Democrat Lynn, who challenged incumbent Steve Landes, R-Weyers Cave, in 2015, says she noticed before her first run that when she went to vote, “There was no one on the ballot except for the incumbent.” She immediately went to work for One Virginia 2021, the group that got shut down on redistricting reform last month in the General Assembly.

Calling gerrymandering a “corrosive issue,” Lynn points out that Landes serves on the privileges and elections committee, which killed this session’s redistricting reform bills.

Landes carried his own resolution that would have forbidden political consideration in drawing district lines. His bill also died in subcommittee along with a handful of others. Senate bills that crossed over to the House of Delegates got a vote from the committee—with Landes voting no—but still met their demise.

Lynn lost to Landes’ overwhelming 66 percent in 2015, and she acknowledges taking the 25th would be tough. While Lynn won in the western sliver of Albemarle that’s part of the district, Landes took 78 percent of the vote in Augusta, and 74 percent in Rockingham County, which is also part of the district.

“The only way for me to be an incumbent in a gerrymandered district is I need new voters,” she says. “I need them to come out. I need the energy we’re seeing now to come out. It’s a call to action.”

“In politics, you don’t ever take anything for granted,” says Landes, who chairs the education committee and is vice chair of appropriations. He says he’ll seek a 12th term to finish work on high school SOL requirements and Medicaid reform.

Military wife Lynn taught public school in Virginia and is the mother of five public school graduates. She says she wants to fully fund education, protect health care and halt the Atlantic Coast Pipeline.

“I need people in September and October who are really fed up,” she says, hoping for an army of volunteers to knock on doors. “This is a really different time.”

Updated March 10.

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Legislator pleads guilty in hit and run

Albemarle’s favorite delegate with a rap sheet, Rustburg resident Matt Fariss, R-59th, pleaded guilty to a hit-and-run charge March 25 in Campbell County, and claims the incident that sent his Dodge Ram pickup airborne happened when he dropped a bottle of Mountain Dew and attempted to retrieve it. At the same hearing, Fariss was found not guilty of breaching the peace, a misdemeanor charge stemming from a separate incident.

Fariss veered off Red House Road July 29 and was not charged until December 10. His 2014 Dodge Ram plowed into several landscaped shrubs, a mailbox, a highway sign and approximately 60 feet of fence, according to the Virginia State Police.

The News & Advance in Lynchburg reports Fariss struck a tree, went in and out of a ditch, and then went airborne. He left the scene and said he intended to fix the fence himself, but his tires were leaking. When he left a note the next day, the fence already was fixed. He was ordered to pay a $250 fine, and said he’d already paid for the fence damage.

Gladys resident Ralph Ramsey, who also lives on Red House Road, filed the breach of peace complaint against Fariss January 5 after a dispute about Fariss’ sons blocking Ramsey’s driveway, which is an easement through land upon which property owner Sam Dawson allows people to hunt. Fariss filed his own complaint January 8.

Both men said the other was being confrontational, and the judge said he could find neither guilty, according to the News & Advance.

Fariss, who represents southern Albemarle County, was first elected to office in 2011, amid media reports of three hunting charges, a 1997 DUI and a 2002 emergency protective order filed by a woman who said Fariss crashed through her back door when she told him to leave.

He won 53 percent of the vote, and ran unopposed in 2013 and 2015.

Diana Mead is one of Fariss’ constituents in North Garden, and she finds it “a little embarrassing that my Virginia state delegate has such a long rap sheet.”

Her more immediate concern is that Fariss has been invited to the annual League of Women Voters’ Legislative Luncheon since he was first elected, and has been a no-show every year. This year’s luncheon is April 7.

“This is the perfect opportunity for him to meet some of his constituents, who eagerly await the chance to make his acquaintance,” writes Mead in an e-mail. “As far as I know, he has still never ventured north of Lovingston, so he is missing out on getting to know an important part of his district.”

She offers to drive to Rustburg and pick him up if that would help get him to the Boar’s Head Inn event. “It’s time to represent!” she says.

Fariss did not return a phone call from C-VILLE. In a call to the Republican Party of Virginia, when asked about the hit-and-running delegate, Executive Director John Findlay said, “Oh gosh.” He then referred a reporter to spokesperson David Donofrio, who did not return a call. Nor did Fariss’ attorney, Mark Peake, who said in court Fariss accepted “full responsibility” for the fence-smashing incident.