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2023 SESSION


CHAPTER 455
An Act to amend and reenact §§ 2.2-508, 30-395, and 30-396 of the Code of Virginia; to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 24.2 a section numbered 24.2-304.05; and to repeal §§ 24.2-302.2, 24.2-303.3, and 24.2-304.03 of the Code of Virginia, relating to obsolescence of 2011 district descriptions; legal boundaries.
[S 1150]
Approved March 24, 2023

 

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-508, 30-395, and 30-396 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 2 of Chapter 3 of Title 24.2 a section numbered 24.2-304.05 as follows:

§ 2.2-508. Legal service in certain redistricting proceedings.

Upon notification by a county, city or town of a pending civil action challenging the legality of its election district boundaries as required by § 24.2-304.5, the Attorney General shall review the papers in the civil action and may represent the interests of the Commonwealth in developing an appropriate remedy that is consistent with the requirements of law, including but not limited to Article VII, Section 5 of the Constitution of Virginia, Chapter 3 (§ 24.2-302.2 24.2-304.04 et seq.) of Title 24.2, or Chapter 39 (§ 30-263 et seq.)  Chapter 62 (§ 30-391 et seq.) of Title 30.

§ 24.2-304.05. Legal boundaries of congressional and state legislative districts.

A. There shall be 11 Virginia members of the United States House of Representatives elected from 11 congressional districts, and each district is entitled to one representative. The district numbers and boundaries of the 11 congressional districts shall be those designated in the block equivalency file and resulting shapefile that is the electronic version of the districts established pursuant to Article II, Section 6-A of the Constitution of Virginia and Chapter 62 (§ 30-391 et seq.) of Title 30.

B. There shall be 40 members of the Senate of Virginia elected from 40 senate districts, and each district is entitled to representation by one senator. The district numbers and boundaries of the 40 senate districts shall be those designated in the block equivalency file and resulting shapefile that is the electronic version of the districts established pursuant to Article II, Section 6-A of the Constitution of Virginia and Chapter 62 (§ 30-391 et seq.) of Title 30.

C. There shall be 100 members of the House of Delegates elected from 100 House of Delegates districts and each district is entitled to representation by one delegate. The district numbers and boundaries of the 100 House of Delegates districts shall be those designated in the block equivalency file and resulting shapefile that is the electronic version of the districts established pursuant to Article II, Section 6-A of the Constitution of Virginia and Chapter 62 (§ 30-391 et seq.) of Title 30.

D. The block equivalency files and shapefiles for a congressional, senate, or House of Delegates district shall be controlling in any legal determination of the boundary of such district.

§ 30-395. Staff to Virginia Redistricting Commission; census liaison.

A. The Division of Legislative Services shall provide staff support to the Commission. Staff shall perform those duties assigned to it by the Commission. The Director of the Division of Legislative Services, or his designated representative, shall serve as the state liaison with the United States Bureau of the Census on matters relating to the tabulation of the population for reapportionment purposes pursuant to P.L. 94-171. The governing bodies, electoral boards, and registrars of every county and municipality shall cooperate with the Division of Legislative Services in the exchange of all statistical and other information pertinent to preparation for the census.

B. The Division of Legislative Services shall maintain the current election district and precinct boundaries of each county and city as a part of the Commission's computer-assisted mapping and redistricting system. Whenever a county or city governing body adopts an ordinance that changes an election district or precinct boundary, the local governing body shall provide a copy of its ordinance, along with Geographic Information System (GIS) maps and other evidence documenting the boundary, to the Division of Legislative Services.

C. The provisions of Article 2 (§ 24.2-302 et seq.) of Chapter 3 of Title 24.2, including the statistical reports referred to in that article, shall be controlling in any legal determination of a district boundary.

§ 30-396. Public participation in redistricting process; publicly available data.

A. All meetings and hearings held by the Commission shall be adequately advertised and planned to ensure the public is able to attend and participate fully. Meetings and hearings shall be advertised in multiple languages as practicable and appropriate.

B. Prior to proposing any plan for districts for the United States House of Representatives, the Senate, or the House of Delegates and prior to voting to submit such plans to the General Assembly, the Commission shall hold at least three public hearings in order to receive and consider comments from the public. Public hearings may be held virtually and any public hearings that are held in person shall be conducted in different parts of the Commonwealth.

C. The Commission shall establish and maintain a website or other equivalent electronic platform. The website shall be available to the general public and shall be used to disseminate information about the Commission's activities. The website shall be capable of receiving comments and proposals by citizens of the Commonwealth. Prior to voting on any proposed plan, the Commission shall publish the proposed plans on the website.

D. All data used by the Commission in the drawing of districts shall be available to the public on its website. Such data, including census data, precinct maps, election results, and shapefiles, shall be posted within three days of receipt by the Commission.

E. The block equivalency files and shapefiles for the congressional, senate, and House of Delegates districts established pursuant to this chapter and Article II, Section 6-A of the Constitution of Virginia shall be maintained and available to the public on the Commission's website. Such block equivalency files and shapefiles shall be controlling in any legal determination of the boundary of a congressional, senate, or House of Delegates district.

2. That §§ 24.2-302.2, 24.2-303.3, and 24.2-304.03 of the Code of Virginia are repealed.