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Home My WebLink AboutI. B. REFERENDUM OPTION FOR 101 ELECTION SYSTEM 4.1.25Election System Update & Possible Charter Change Referendum CITY COUNCIL PUBLIC BRIEFING Christopher S. Boynton, Deputy City Attorney April 1, 2025 1 Pre-2022 Election System •System governed by City Charter §3.01 (enacted by General Assembly) •11 members •4 members (incl. mayor) elected at large (may reside anywhere in city) •7 members elected from residence districts at large •Residence districts of approximately equal population •District boundaries adjusted after each decennial census •School Board elected using same method (City Charter §16.04) •Chair elected by members of School Board, not public •Chair does not have to be an at-large member 2 Timeline of Events Affecting City’s Election System •Holloway et al. v. City of Virginia Beach et al. •Originally filed in United States District Court in 2017 •Trial October 6-14, 2020 •Trial court ruled Charter system violates Section 2 of VRA and enjoined further use (March 2021) •Trial court issued remedial order requiring 10-1 system and drawing district maps (December 2021) •U.S. Court of Appeals vacated trial court orders as moot due to HB2198 (July 2022) •Returned case to trial court for further proceedings •Plaintiffs voluntarily dismissed case after City Council adopted 10 -1 system via decennial redistricting in August 2023 •General Assembly Significantly Changed Virginia Law (Winter 2021) •HB2198 – Converted Residence Districts to Single-Member (Ward) Districts •Basis of Court of Appeals vacating trial court ruling as moot •Virginia Voting Rights Act (VAVRA) adopted •Heightened scrutiny of when at large districts may be used in localities •2022 Election Held Using 10-1 System Due to Prior Court Order 3 Combined Effect of 2021 General Assembly Actions Even without Holloway case… •Pre-2022 system changed because of state law (HB 2198) •7 residence districts became single member ward districts •Citizens no longer elect all 11 City Council representatives at large •Vote only on single representative for their ward, 3 at large seats, and Mayor •3 remaining at large districts subject to private citizen challenge even if approved by Attorney General (VAVRA) •Broader definition of vote dilution (influence districts) •Eliminates Gingles 1 test (compactness) •VAVRA also prohibits retrogression •Creates favorable standard of review for plaintiffs •Allows recovery of attorneys’ fees •Claim allowed even if system/districts pre -cleared by Attorney General 4 2022 Election November 2022 Election held using Court’s 10-1 system •Appeals court ruling came too late to change system •Candidates had already qualified for ballot (Purcell doctrine) 5 Timeline of Events Affecting City’s Election System •2023 Decennial Redistricting & Charter Change Process •Without court order imposing 10-1 system for 2024, City had to complete its decennial redistricting process in 2023 •City Council hired UVA Weldon Cooper Center to conduct a Public Input Process, a Statistically Validated Survey, and Provide Recommendations •Survey showed 81% public support for 10-1 system •Survey showed 63% support for referendum •Decennial Redistricting Ordinance approved by Council (August 2023) •Redistricted to 10-1 system using district maps previously court ordered and utilized for 2022 election •Council held public hearing, then voted to request General Assembly approve Charter and/or general law changes to harmonize state statutory law with adopted redistricting ordinance (November 2023) •General Assembly passed Charter change legislation (2/3 majority in each chamber) and general law changes (simply majority in each chamber) •Governor Youngkin vetoed all bills, citing Branch et al. v. City of Virginia Beach et al. 6 Timeline of Events Affecting City’s Election System •Branch et al. v. City of Virginia Beach et al. (filed January 2024) •Challenged 2022 election outcome and validity of 10 -1 system adoption in August 2023 redistricting ordinance •May 2024 hearing on preliminary motions •August 2024 Court ruled •2022 election results using 10-1 system upheld •Plaintiffs’ injunction request to prevent 2024 election from using 10-1 system denied •Lawfulness of adoption of 10-1 system beyond 2024 via redistricting ordinance unresolved pending 2025 trial (VAVRA application to redistricting ordinance) •Plaintiffs recently filed motion for summary judgment 7 2024 Election •November 2024 election held using 10-1 system and district maps adopted in 2023 redistricting ordinance •Branch case denied injunction to prevent 10-1 system election in 2024 •Kowalewitch case seeking court finding that all Council and School Board seats are vacant was dismissed on Friday 8 Future Elections •Decennial redistricting ordinance adopted 10 -1 system through 2031 •Branch legal challenge continues •City Council may only adopt a single redistricting ordinance per decennium with limited exceptions •Court order is one exception •City Charter (as modified by HB2198 (2021)) •7 single member ward districts, 3 at large districts •3 at large districts subject to private citizen challenge under VVRA •7 district boundaries would need to adjusted using 2020 Census data •Holloway Plaintiffs have threatened immediate federal court legal challenge if City Council takes any steps toward using the modified Charter system for future elections •Council frequently discussed possibility of referendum where people could ask General Assembly directly to change charter if that is public’s will •Attorney staff has briefed Council regarding pending litigation and conflict between redistricting ordinance and Charter provision in closed session, and sought direction on how best to proceed •Referendum is one possibility to potentially break stalemate in General Assembly •No election system referendum has been held since legal challenges began in 2017 •Last election system referendum was 1996 9 Charter Change Referendum Basics •Referendum to seek Charter change authorized by Va. Code § 15.2-201 •Must be a “yes” or “no” question – i.e., Should Charter be amended? •Question must be briefly stated using plain English •If referendum question passes, proposed Charter amendment must be delivered to member(s) of Virginia Beach General Assembly delegation for introduction at next General Assembly session •Referendum question submitted to/approved by Circuit Court no later than August 15, 2025 •Referendum question appears on November 4, 2025 general election ballot citywide •City staff cannot advocate for or against referendum question •May educate public •May disseminate neutral explanation of question written by City Attorney •City Council members may advocate for or against referendum question •City Council may be unable to implement public’s preferred method regardless of outcome 10 Proposed Referendum Question Should the method of city council elections set forth in the Virginia Beach City Charter be changed from a modified 7-3-1 system to a 10-1 system? A “yes” vote means that you support the 10-1 system, which was used in the 2022 and 2024 city council elections. In the 10-1 system, the city is divided into 10 districts and the voters of each district elect a single council member with the mayor elected at-large (city-wide). A “no” vote means you support the 7-3-1 system described in the current city charter as modified by a general law change that occurred in 2021. In the modified 7-3-1 system, the city is divided into 7 districts and the voters of each district elect a single council member, with three other council members and the mayor elected at-large (city-wide). 11 Explanation of Referendum Question •This referendum asks whether the public wishes to request the General Assembly amend the City Charter to reflect the 10-1 election system used in the 2022 and 2024 elections (YES) or to retain the 7-3-1 election system stated in the Charter as amended by general law in 2021 (NO) •The purpose of this referendum is to address a conflict between the Charter and the City’s redistricting ordinance. A “YES” vote would re-submit the 10-1 Charter amendment to the General Assembly. A “NO” vote would indicate a desire to use the modified 7-3-1 system in future elections 12 Public Education •63% of respondents in June 2023 University of Virginia Weldon Cooper Center for Public Service community survey supported Council doing referendum on election system options •Total # of Voters: 348,643 (as of January 1, 2025) - 66% voter turnout Nov. 2024 •Past public education campaign budgets: $383,174.85 for election system input; $251,263.66 for redistricting •Increase in early voter turnout impacts communication efforts/timeline •2022 Resident Survey: Top Four Preferred Communication Sources from City •#1 -- Local TV •#2 -- City Website •#3 -- Facebook •#4 -- Direct Mail 13 Public Education: Dissimenate & Educate 14 Owned Media (free)Earned Media (free)Shared Media (free/almost free)Paid Media #2 - City Website*#1 - Published Content by Media Partners* Distribute Materials at Community Events – Grassroots! #4 - Direct Mail Postcard*($150,000) #3 - City Social Media*Digital Toolkit for Neighborhood Associations (192) Email Databases 15K+ (Previous SpeakUpVB participants, Be In the Know, Community Meeting attendees) Community Public Forum Support City Staff Intranet (7,500 employees) Business Community – Shared QR Code AccessVB Cable Channel Service Bill Insert Library/Rec/CVB/EcoDev/Cultural Affairs Collab – Distribution Lists Public Education •Increase reach and frequency of "on the ballot" message to the public requires paid media budget •Print advertising:500 word explanation in the newspaper approx. $2,000 Note: Publishing the explanation is mandatory for a bond referendum but discretionary for other referenda. 24.2-687.A •Previous campaigns: TV $71K, Radio $25K, Print $14K, Digital $30K – for early fall •REMINDER: City staff cannot advocate for or against referendum question •May educate public •May disseminate neutral explanation of question written by City Attorney 15 Next Steps •City Council would direct the City Attorney to draft resolution and put it on a future City Council agenda for vote •Proposed timeline •Public Comment – April 15, 2025 Formal Session •Council Vote – May 6, 2025 Formal Session 16 City Council Questions/Discussion/Direction 17