
The latest battle in the gerrymandering wars took place in Virginia. The Democrats in Virginia had all the guns – they control the governorship, the legislature and a majority of the voters. In a classic example of “Ready-Fire-Aim,” the Democrats promptly used those guns to shoot themselves in the foot.
It all started a few years ago, back when Virginia was a purplish state. Voters approved an amendment to the state constitution to establish a non-partisan procedure for drawing Congressional Districts. That procedure produced Districts that resulted in a Democrat-Republican split in the elected Representatives of 5-4, which is approximately the same as the split in Virginia voters. So far, so good.
Then Virginia gradually shifted blue. Last fall, Virginia Democrats joined the gerrymandering wars. As is often the case with wars, it started with the political equivalent of stirring songs, glitzy parades, and predictions of victory in a month.
The Democrats figured that with a little creativity and an utter absence of shame – the absence of which has never been in short supply among politicians – they could gerrymander the Districts to shift the 5-4 split in their Congressional delegation to a 10-1 split.
They would be heroes! (And maybe some of them would fill those five new Democrat Congressional seats!)
Sure, it would take another amendment to the state constitution in order to nullify the one from a few years ago that established the non-partisan procedure for drawing Districts. But, as the Democrats reminded themselves, they controlled the three bodies that approve such amendments – the legislature, the governorship and the voters.
Constitutions contain procedures for amending them. The Virginia constitution stated that the legislature is supposed to approve the amendment twice. In between those two approvals, there’s supposed to be an election of the legislature. Only after those two legislative approvals and that intervening election, can the matter be put to the voters in a referendum.
There’s method behind this redundant madness. The thought is that, after the legislature approves the amendment the first time, the voters should get a chance to dis-elect the legislature that approved the amendment. And then the new legislature has to re-approve the amendment.
A constitution is a sacred thing, you see, even if it’s just a state one. Amendments to it are not to be taken lightly.
This is where the Democrats misfired. They got the requisite approval accomplished in the state legislature which they controlled, but the approval came after early voting had already begun on the requisite election of the legislature. In fact, about 40% of the votes had already been cast for that election.
After the election, they got the requisite second approval from the new legislature, and then they narrowly got the approval of voters in a referendum.
The matter went to the Virginia Supreme Court. This week, that Court held that the first approval by the legislature did not occur before the election of legislature, because at the time of that approval the election was already underway and 40% of the voters had already cast their ballots.
In effect, therefore, there was no “election day,” but rather an “election period.” The Democrats mistakenly failed to accomplish the requisite legislative approval for the amendment prior to the commencement of that election period. The result was that 40% of the voters were denied the opportunity to consider that approval in weighing their votes in what was supposed to be a subsequent election.
The matter cannot be reviewed further by the U.S. Supreme Court, because it is purely a matter of state law. The Virginia Supreme Court is the final authority on the subject. The Democrats could start again from square one in Virginia, but it’s too late for the upcoming mid-term election.
There’s a certain poetic justice in this. Democrats like loosey-goosey election procedures such as early and absentee voting for any and all. This time, it shot them in the foot and blew up in their faces. They will use this experience to advocate for gun control, no doubt.








