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2019 SESSION

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(SB1579)

GOVERNOR'S VETO

    Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 1579, which would establish criteria in the Code of Virginia by which congressional and state legislative districts must be drawn.

    While I support codifying criteria that would be followed when drawing legislative districts, this legislation excludes criteria that are essential to fair electoral maps. Any criteria for redistricting must prohibit districts from being drawn to restrict or deny the ability of any racial or ethnic minority to participate in the political process and elect a preferred candidate. The criteria should also prohibit districts that favor or disfavor any political party, incumbent legislator, member of Congress, or individual or entity.

    This legislation does not go far enough in establishing criteria that would ensure a fair electoral process for Virginia citizens.

    Accordingly, I veto this bill.

 

 

GOVERNOR'S RECOMMENDATION

 

    1. Line 13, enrolled, after be

      strike

        the remainder of line 13, all of lines 14 through 18, and through criteria on line 19

      insert

        composed of contiguous and compact territory and shall be constituted so as to give, as nearly as is practicable, representation in proportion to the population of the district

 

    2. Line 20, enrolled, after of

      strike

        the remainder of line 20, all of lines 21 and 22, and through amended on line 23

      insert

        the Constitution of the United States, including the Equal Protection Clause of the Fourteenth Amendment, and the Constitution of Virginia; federal and state laws, including the federal Voting Rights Act of 1965, as amended; and relevant judicial decisions relating to racial and ethnic fairness

 

    3. Line 24, enrolled, after D.

      insert

        No district shall be drawn with the purpose of or having the effect of denying or abridging the right to vote on account of race, ethnicity, or color. No district shall be drawn to restrict or deny the ability of any racial or language minority to participate in the political process and to elect a preferred candidate of their choice.

        E.

     

    4. Line 24, enrolled, after be

      strike

        the remainder of line 24, all of lines 25 through 37, and through Census on line 38

      insert

        considered, but no district shall be drawn for the purpose of favoring or disfavoring any political party, incumbent legislator or member of Congress, or other individual or entity. Political data, including addresses of incumbent legislators or members of Congress, political affiliations of voters, or previous election results, shall not be used in the drawing of any district, except as may be necessary to ensure that racial or language minority groups are able to elect a preferred candidate of choice pursuant to subsection D

 

    5. Line 39, enrolled

      strike

        all of lines 39 through 53

      insert

        F. Existing communities of interest shall be respected to the maximum extent practicable. Districts shall be drawn in such a way as to avoid dividing communities of interest without violating the requirements of the preceding subsections. Districts shall not be drawn to divide homogenous neighborhoods or any geographically defined group of people living in an area who share similar social, cultural, and economic interests. A community of interest does not include a community based upon political affiliation or relationship with a political party, elected official, or candidate for office.

 

    6. Line 54, enrolled, after shall

      strike

        the remainder of line 54 and through thereafter on line 55

      insert

        become effective on April 1, 2020