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2013 SESSION
13100627DBe it enacted by the General Assembly of Virginia:
1. That § 24.2-304.1 of the Code of Virginia is 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 this these redistricting and
apportionment purpose purposes will not include any
population figure which 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. In any county, city, or
town containing one or more federal, state, and regional adult correctional
facilities whose inmate population, as determined by the information provided
by the facilities, on the date of the decennial census exceeded 12 percent of
the ideal population of an election district of the The governing body of any county,
city, or town according to the
decennial census, the governing body of such locality may
elect to exclude such 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 which 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 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 pre-existing preexisting districts shall
remain in force and effect until validly reapportioned in accordance with law.