L
EGACY Yesterday. Today. Tomorrow.
WEDNESDAYS • Oct. 7, 2020
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Trump Promises “Platinum Plan” for Blacks LAUREN VICTORIA BURKE
NNPA - In an attempt to win Black voters that have been elusive for the Republican Party for many cycles, President Donald Trump announced a “Platinum Plan,” of Black Economic Empowerment. Trump unveiled the plan during an Atlanta rally with less than six weeks left until Election Day on November 3rd. Currently, President Barack Obama’s former Vice President Joe Biden in leading in the polls in many key states in the presidential contest. Trump’s proposals for Black America include prosecuting Antifa and the Ku Klux Klan, making Juneteenth a holiday on the federal level and proposals focused on Black wealth. Trump’s proposal related to improving Black economic standing included an investment of $500 billion in Black communities. Trump did not disclose how he would pay for such a plan. Because of the COVID-19 pandemic, which has caused over 200,000 deaths and 50 million to file for unemployment, budgets on the federal level are expected to be tight in the coming years. Trump attacked his Democratic rival, former Vice President Joe Biden, as he announced his proposal saying that Biden “inflicted” damage on Black communities during his four decades in Washington. “Biden should not be demanding your support; he should be begging for your forgiveness,” Trump told a
crowd of supporters on September 25. “No one in politics today has done more to hurt the Black community than Joe Biden,” Trump added. Trump may have in part been referring to Biden’s authorship of the Clinton Crime Bill of 1994, or more formally, the Violent Crime Control and Law Enforcement
Act. The “tough on crime” law was a driver of mass incarceration through the 1990s as it incentivized incarceration. Trump won 8 percent of the Black electorate in 2016 as he defeated Hillary Clinton. Clinton won the popular vote by close to three million voters but Trump won the
electoral college map. Current polling shows that Biden is ahead of Trump with Black voters by a very wide margin: 83 percent to 8 percent. The introduction of his plan for Black America is likely an attempt to win the support of Black voters in what could be a close presidential contest.
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2 • Oct. 7, 2020
Virginia lawmakers pass bill limiting pretextual traffic stops, barring searches based on smell of marijuana NED OLIVER Legislation banning police from initiating searches based on the smell of marijuana and making traffic stops for an array of minor infractions is heading to Gov. Ralph Northam’s desk after clearing the General Assembly Oct. 2. The bill is among the first in a wide-ranging package of police reforms to win final passage in the House and Senate during a special legislative session that began in August. “A disproportionate number of people pulled over for minor traffic offenses tend to be people of color, this is a contributor to the higher incarceration rate among minorities,” said Del. Patrick Hope, D-Arlington, who carried the bill in the House. Sen. Louise Lucas, D-Portsmouth, carried the legislation in the Senate. If signed by Northam, the laws would prohibit police from making traffic stops when they see vehicles with non-functioning brake and tail lights, a broken or loud exhaust system, tinted windows, objects dangling from a rearview mirror, someone smoking in a car with a minor present or a state inspection that is less than four months past its expiration date. The violations remain on the books, but police could only issue citations if a driver is stopped for a more serious infraction, such as speeding or reckless driving. The legislation also reduces jaywalking to a secondary offense. Lawmakers argued police often use the violations as a pretext to
Gov. Ralph Northam stop and search people they suspect of other crimes, enabling racial profiling. The law also bars police from searching people or their vehicles when they say they smell marijuana — a practice that has been the subject of long-running complaints among public defenders and defense lawyers both in Virginia and around the country. Last year, a New York judge grew so fed up with hearing the justification in court that she openly accused police of lying, writing in an opinion that “the time has come to reject the canard of marijuana emanating from nearly every vehicle subject to a traffic stop.” The legislation cleared both chambers over strong opposition from Republican lawmakers, who have called the Democrats’ police reform agenda an affront to the law enforcement community. “I feel we’re villainizing our police
departments,” said Sen. Bill DeSteph, R-Virginia Beach. Meanwhile police have argued the bill will make roads more dangerous and hamper their investigations. “Does anybody really think that it’s appropriate or safe for a vehicle on Interstate 95 to be travelling without tail lights at 11 at night?” Roanoke County Police Chief Howard Hall said last month. “Does anybody not think that law enforcement should deal with that situation?” Lawmakers also gave final passage to legislation that would allow the attorney general’s office to open investigations into police departments that engage in discriminatory practices. The bill was filed by Lucas, who had unsuccessfully attempted to get the Department of Justice to investigate the Portsmouth Police
Department’s hiring practices. She argued that because the DOJ under Trump has not pursued such pattern and practice investigations, the state should step in to fill the investigatory gap. The day before the legislative session began, Portsmouth police filed criminal charges against Lucas alleging she conspired to damage a Confederate statue, though she has not publicly suggested she believes the decision was linked to her proposed legislation. Other legislation finalized will: Give the state authority to investigate conditions in detention centers operated by Farmville and Caroline County on behalf of ICE. Both facilities have been seen large COVID-19 outbreaks during the pandemic; Block judges from second guessing a local prosecutor’s decision to drop criminal charges in cases they don’t wish to pursue — a response to judges in jurisdictions that prohibited commonwealth’s attorneys from dismissing marijuana charges before the drug was decriminalized; and Increase the penalty for making false 911 calls from a misdemeanor to a felony in instances where the inaccurate report was motivated by race, religion, gender or other discriminatory motive. Lawmakers are still debating legislation that would establish civilian review boards, create a mental-health emergency response protocol, ban chokeholds and create a statewide code of conduct for police.
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ERs see surge in opioid overdoses during pandemic In a recently-published paper by the Journal of the American Medical Association, Virginia Commonwealth University researchers released data showing an alarming surge in opioid-related overdoses during the COVID-19 pandemic. Nonfatal opioid overdose visits to the VCU Medical Center emergency department in Richmond increased from 102 between March and June 2019 to 227 between March and June 2020. That’s an increase of 123 percent. The overdose increase occurred during a time when the emergency room was experiencing a lowerthan-average number of visits overall. March through June visits in 2020 were down 29 percent from the same time last year. The study’s lead author, Taylor Ochalek, Ph.D., a postdoctoral research fellow at the VCU C. Kenneth and Dianne Wright Center for Clinical and Translational Research, analyzed the 2019 and 2020 data from VCU Medical Center’s emergency department. “Social isolation, job loss, the inaccessibility of community resources — these could all contribute to the overdoses we’re observing,” said Ochalek, who works in the Department of Pharmacology and Toxicology at the VCU School of Medicine. Ochalek also examined demographic information for the opioid overdose patients. For both years, the patients mostly were male (70 percent in 2019 and 73 percent in 2020), and nearly half were uninsured (40 percent in 2019 and 44 percent in 2020). But the percentage of Black patients increased: from 63 percent in 2019 to 80 percent in 2020. “Health disparities have been magnified during the pandemic,” Ochalek said. “I hope this study provides a baseline of data for
Taylor Ochalek
future research into reasons for the increase, mitigation efforts, longitudinal outcomes for patients and
further overdose data.” “This data is from the Richmond area, but it confirms what we’re hearing anecdotally from across the U.S.,” said F. Gerard Moeller, M.D., director of the Wright Center and director of the VCU Institute for Drug and Alcohol Studies. “The pandemic is more than a crisis of one disease. Its ripple effects will be felt for some time in the form of secondary health impacts like addiction.” Collaborators on Ochalek’s study are Kirk Cumpston, D.O., a professor in the Department of Emergency Medicine; Brandon Wills, D.O., an associate professor in the Department of Emergency Medicine; Tamas Gal, Ph.D., director of research informatics at the Wright Center; and Moeller. “The numbers in this study are alarming, and it's important that health providers and community partners know what we're facing,” said Peter Buckley, M.D., interim CEO of VCU Health System, interim senior vice president of VCU Health Sciences and dean of the School of Medicine. “Studies like these will guide us in providing the best possible care to the Richmond community.” VCU Health provides referrals to treatment resources, such as clinics, rehabilitation centers and clinical trials, that direct overdose patients into individualized care. A majority receive prescriptions for naloxone, an overdose-reversal drug.
Oct. 7, 2020 • 3
Explanation for Proposed Constitutional Amendment To Be Voted on at the November 3, 2020, Election PROPOSED CONSTITUTIONAL AMENDMENT Article X. Taxation and Finance. Section 6. Exempt Property BALLOT QUESTION Should an automobile or pickup truck that is owned and used primarily by or for a veteran of the United States armed forces or the Virginia National Guard who has a one hundred percent service-connected, permanent, and total disability be free from state and local taxation? EXPLANATION Present Law Generally, the Constitution of Virginia requires all property be taxed. However, there are certain types of property that the Constitution specifically says is not subject to taxation. Proposed Amendment This amendment would add to the list of property that is not subject to state or local taxation one motor vehicle owned and used primarily by or for a veteran of the United States armed forces or the Virginia National Guard who has a one hundred percent (100%) service-connected, permanent, and total disability. The amendment says that motor vehicle means an automobile or pickup truck. The motor vehicle would be exempt from taxation beginning on the date the veteran gets the motor vehicle or January 1, 2021, whichever is later. A veteran who claims this tax exemption would not get back any taxes paid on his motor vehicle prior to January 1, 2021. Under this amendment, a motor vehicle that is owned by the spouse of a veteran of the United States armed forces or the Virginia National Guard with a one hundred percent (100%) service-connected, permanent, and total disability could also be free from taxation. The General Assembly is allowed to pass a law that places conditions or restrictions on this exemption. A “yes” vote will mean the Constitution of Virginia will be amended to exempt one automobile or pickup truck that is owned and used primarily by or for a veteran of the United States armed forces or the Virginia National Guard who has a one hundred percent (100%) service-connected, permanent, and total disability from state and local taxation. A “no” vote will leave the Constitution of Virginia unchanged and automobiles and pickup trucks owned and used primarily by or for a veteran of the United States armed forces or the Virginia National Guard who has a one hundred percent (100%) service-connected, permanent, and total disability will continue to be subject to state and local taxes. FULL TEXT OF AMENDMENT [Proposed new language is underlined. Deleted old language is stricken.] Amend Section 6 of Article X of the Constitution of Virginia as follows: ARTICLE X TAXATION AND FINANCE Section 6. Exempt property. (a) Except as otherwise provided in this Constitution, the following property and no other shall be exempt from taxation, State and local, including inheritance taxes: (1) Property owned directly or indirectly by the Commonwealth or any political subdivision thereof, and obligations of the Commonwealth or any political subdivision thereof exempt by law. (2) Real estate and personal property owned and exclusively occupied or used by churches or religious bodies for religious worship or for the residences of their ministers. (3) Private or public burying grounds or cemeteries, provided the same are not operated for profit. (4) Property owned by public libraries or by institutions of learning not conducted for profit, so long as such property is primarily used for literary, scientific, or educational purposes or purposes incidental thereto. This provision may also apply to leasehold interests in such property as may be provided by general law. (5) Intangible personal property, or any class or classes thereof, as may be exempted in whole or in part by general law. (6) Property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes, as may be provided by classification or designation by an ordinance adopted by the local governing body and subject to such restrictions and conditions as provided by general law. (7) Land subject to a perpetual easement permitting inundation by water as may be exempted in whole or in part by general law. (8) One motor vehicle owned and used primarily by or for a veteran of the armed forces of the United States or the Virginia National Guard who has been rated by the United States Department of Veterans Affairs or its successor agency pursuant to federal law with a one hundred percent service-connected, permanent, and total disability. For purposes of this subdivision, the term “motor vehicle” shall include only automobiles and pickup trucks. Any such motor vehicle owned by a married person may qualify if either spouse is a veteran who is one hundred percent disabled pursuant to this subdivision. This exemption shall be applicable on the date the motor vehicle is acquired or the effective date of this subdivision, whichever is later, but shall not be applicable for any period of time prior to the effective date. (b) The General Assembly may by general law authorize the governing body of any county, city, town, or regional government to provide for the exemption from local property taxation, or a portion thereof, within such restrictions and upon such conditions as may be prescribed, of real estate and personal property designed for continuous habitation owned by, and occupied as the sole dwelling of, persons not less than sixty-five years of age or persons permanently and totally disabled as established by general law. A local governing body may be authorized to establish either income or financial worth limitations, or both, in order to qualify for such relief. (c) Except as to property of the Commonwealth, the General Assembly by general law may restrict or condition, in whole or in part, but not extend, any or all of the above exemptions. (d) The General Assembly may define as a separate subject of taxation any property, including real or personal property, equipment, facilities, or devices, used primarily for the purpose of abating or preventing pollution of the atmosphere or waters of the Commonwealth or for the purpose of transferring or storing solar energy, and by general law may allow the governing body of any county, city, town, or regional government to exempt or partially exempt such property from taxation, or by general law may directly exempt or partially exempt such property from taxation. (e) The General Assembly may define as a separate subject of taxation household goods, personal effects and tangible farm property and products, and by general law may allow the governing body of any county, city, town, or regional government to exempt or partially exempt such property from taxation, or by general law may directly exempt or partially exempt such property from taxation. (f) Exemptions of property from taxation as established or authorized hereby shall be strictly construed; provided, however, that all property exempt from taxation on the effective date of this section shall continue to be exempt until otherwise provided by the General Assembly as herein set forth. (g) The General Assembly may by general law authorize any county, city, town, or regional government to impose a service charge upon the owners of a class or classes of exempt property for services provided by such governments. (h) The General Assembly may by general law authorize the governing body of any county, city, town, or regional government to provide for a partial exemption from local real property taxation, within such restrictions and upon such conditions as may be prescribed, (i) of real estate whose improvements, by virtue of age and use, have undergone substantial renovation, rehabilitation or replacement or (ii) of real estate with new structures and improvements in conservation, redevelopment, or rehabilitation areas. (i) The General Assembly may by general law allow the governing body of any county, city, or town to exempt or partially exempt from taxation any generating equipment installed after December thirty-one, nineteen hundred seventy-four, for the purpose of converting from oil or natural gas to coal or to wood, wood bark, wood residue, or to any other alternate energy source for manufacturing, and any co-generation equipment installed since such date for use in manufacturing. (j) The General Assembly may by general law allow the governing body of any county, city, or town to have the option to exempt or partially exempt from taxation any business, occupational or professional license or any merchants’ capital, or both. (k) The General Assembly may by general law authorize the governing body of any county, city, or town to provide for a partial exemption from local real property taxation, within such restrictions and upon such conditions as may be prescribed, of improved real estate subject to recurrent flooding upon which flooding abatement, mitigation, or resiliency efforts have been undertaken.
4 • Oct. 7, 2020
Op/Ed & Letters
The LEGACY
Perspective on Trump presidency JOHN HORTON “I am absolutely a Nationalist.” (S) President Donald J. Trump “A person shows what he is by what he does with what he has.” (S) Anonymous “When a person shows you who he is… believe him.” (S) Maya Angelou “If you don’t know, now you know…” (S) The Notorious B.I.G. (Christopher George Latore Wallace) Well, here we go, again: President Donald J. Trump vs. the “enemies of the people.” In the past several weeks, Trump has accused Democrats and other political opponents of being anti-American and pro-Socialist and Communist-oriented. While it has been said that “some” people pick on Trump; it could also be said that Trump picks on “some” people.” Many of Trump’s supporters say that he is an “unorthodox” POTUS. That Trump is not a real politician, but a businessman. However, I would say that Trump has been given many byes/ waivers, unlike any other POTUS in our history. After all, it is Trump who has said on several occasions: “I am absolutely a Nationalist…” Also, beginning with his Inauguration Speech, Trump has espoused and admitted to a “deconstruction of the administrative state.” Contrast this view of Trump/POTUS: married three times, children by all three wives; three adult “children” and son-inlaw, all involved in “our” governmental/ White House (business-political) affairs; refusal to show income taxes; substantial time spent in his personal properties; conflicting financial and business interests; number of campaign
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staffers and administration officials who have plead guilty to federal crimes and/ or been dismissed for corruption and malfeasance; payments to a porn star (Stormy Davis), and a playmate (Karen McDougal). Trump and some supporters claim that he is a “stable genius,” uses reverse psychology, and is a multi-dimensional chess master operating against amateur checker players. Still other supporters claim that his presidency is a “gift from God Almighty.” In the past several years, the Trump presidency has been credited with having a “hidden genius” (Jared Kushner, son-in-law) and being advised by a “black intellectual” (rapper Kanye West). (Heck, you can’t make this stuff up….) Meanwhile, critics of Trump claim that he exhibits fang-tooth nastiness and juvenile recklessness. For example, George Wills (Conservative columnist) opined in a Washington Post column (June 27, 2018): “…Meaningless noise is this administration’s appropriate libretto
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because, just as a magnet attracts iron fillings, Trump attracts, and is attracted to louts. As evidenced of this “loutish behavior,” Trump just recently appointed Louis Dejoy as the U. S. Postmaster General (June 15, 2020). Dejoy was a major financial contributor to the Trump campaign. Reportedly, Dejoy is in the process of deregulating postal procedures and obstructing mail delivery to affect mail-in election ballots so that the Trump campaign can claim “election fraud” and an “illegitimate election.”Trump has gone so far as to tweet that the upcoming November elections should be delayed/ postponed over mail-in voting fraud claims. In conjunction with this, there is an (unsafe) rush to get a “miracle cure vaccine” before the November elections. Jared Kushner and other senior White House officials are pushing for this “October-November miracle cure vaccine.” Many of our nation’s top health experts and pandemic practitioners have warned about the rush to get this vaccine without it being properly tested and verified. Many of Trump’s former Cabinet members (John Kelly – Chief of Staff; H. R. McMaster – National Security Advisor; Rex Tillerson – Secretary of State; James Mattis – Secretary of Defense; John Bolton – National Security Advisor; etc.) have publically stated that Trump is “incompetent, irrational, insensate, and irreparable.” That Trump is intentionally “disruptive and divisive” to a fault. They, and other senior advisors and top officials, have “questioned” Trump’s
principles, policies, and practices during his time in office. Among his many proclivities and various shortcomings, Trump’s administration has been “swamped” by his selection of only the “very best”: Michael Flynn, former NSA, pled guilty, lying to the FBI; Paul Manafort, former campaign manager found guilty of eight felonies; Jared Kushner, senior presidential advisor/son-in-law, investigated for failure to report foreign contacts and under-reported debts and liabilities; six Cabinet secretaries (Ben Carson – HUD, Ryan Zinke – Interior, Tom Price – HHS, Scott Pruitt – EPA, Steve Mnuchin – Treasury, and David Shulkin – VA) spent taxpayers’ monies on lavish travel, office remodeling and personal expenses. This is hardly the promised: “draining of the swamp.” Then, there is Trump’s history of denigrating and demeaning women, especially those who are perceived to be “strong. competent and established.” Among the many are: Stormy Davis (called horse face); Carly Fiorina (unattractive face); Rosie O’Donnell (fat, ugly face); Heidi Cruz (re-tweeted an unflattering photo); Omarosa Manigault-Newman (a dog and crazed, crying lowlife); Megyn Kelly (accused of menstruation, blood coming out of her eyes and wherever); Mika Brzezinski (low I.Q. and bleeding badly from a facelift); Senator Elizabeth Warren (regularly referred to as “Pocahontas”); Arianna Huffington (unattractive both inside and
(continued on page 5)
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Oct. 7, 2020• 5
P.T. Hoffsteader, Esq.
Trump presidency (from page 4)
out); Representative Maxine Waters (a seriously low-IQ, dumb, stupid person); Oprah Winfrey (very insecure and will be exposed as weak and incompetent); Bette Midler (extremely unattractive); and Cher (stop the bad plastic surgery); Dr. Deborah Birx (pathetic). Additionally, Trump has attacked and demeaned three different African-American female journalists: Abby Phillip – dumb questions; April Ryan – a loser; and Yamiche Alcindor – racist questions. And the list goes on…. All in all, I would call Trump the “D” POTUS: divider, disruptor, detractor, deflector, disabler, denier, destroyer, disbeliever, disparager, discourager, damager, doubter, etc…. It has been said that Trump has a tendency to “diminish” and “damage” those persons whom he comes into contact with, sort of a “reverse” King Midas touch. It has been said that “a person shows what he is by what he does with what he has…” Needless to say, I am profoundly perplexed and emotionally disturbed that “my/our” president would think and espouse this divisive language and exhibit such hurtful behavior…especially at this time and place in our history and circumstances, with the coronavirus pandemic and economic woes confronting the nation as a whole. Currently, the nation is experiencing over 6,000,000 confirmed coronavirus cases and more than 185,000 deaths. And, recently, the U. S. economy experienced the largest downfall, ever, during this year’s second quarter: shrank at a record-breaking 32.9 percent; caused by fall in consumer spending, exports, business investment, and federal, state and local government spending.
Now to address the question of what to do about Trump’s vile language and incendiary behavior? First, what we can do is to “learn from our history.” America has always been troubled by our history of racism and discrimination. I believe most of it is based around greed, fear, anger and hatred. And, I honestly believe that Trump has harvested and utilized these “social negatives” to maintain and sustain his presidency. For some of us, MAGA (Make America Great Again) means MAWA (Make America White Again)…reminiscing the so-called “Good Old Days” of pre-civil rights, integration, and the like. This aptly applies to Trump: “When a person shows you who he is… believe him.” Interesting enough, Trump’s (only) niece, Dr. Mary L. Trump, a trained clinical psychologist, has just released a “tell-all family memoir,” describing how Trump’s decades-long history of darkness, dysfunction and denial has turned him into a reckless leader who “now threatens the world’s health, economic security and social fabric.” In the forthcoming bestseller, “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man,” Mary Trump says that Trump exhibits all the traits of a person suffering from severe narcissistic personality disorder, as put forth by the Diagnostic and Statistical Manual (DSM) of Mental Disorders, which is the standard for the classification of mental disorders used by mental health professionals in the United States based on the following criteria for narcissistic personality: · Having an exaggerated sense of selfimportance; · Expecting to be recognized as superior even without achievements that warrant it; · Exaggerating your achievements and
talents; · Being preoccupied with fantasies about success, power, brilliance, beauty and/or the perfect mate; · Believing that you are superior and can only be understood by or associate with equally special people; · Requiring constant admiration; · Having a sense of entitlement; · Expecting special favors and unquestioning compliance with your expectations; · Taking advantage of others to get what you want; · Having an inability or unwillingness to recognize the needs and feelings of others; · Being envious of others and believing others envy you; and · Behaving in an arrogant or haughty manner to others. Furthermore, over the past several years, President Trump has been accused of being “unhinged” (Omarosa ManigaultNewman) and creating an environment of “fear” (Bob Woodward). Previously, “fire and fury” (Michael Wolff) has discussed negative circumstances inside and conflicting situations within the Trump administration. John Bolton’s book, “The Room Where It Happened,” has accused Trump of being unfit, unprepared and unstable for the presidency. Additionally, Trump has predicted violence and possible civil war will occur, if Democrats are successful in the November Presidential and Congressional elections. Moreover, Trump predicts that the Stock Market, Wall Street and World Economy will collapse, if he is not reelected in November. It has been said that the strong do as they will and the weak suffer as they must. However, I believe America is (still) the greatest nation in the world,
despite its blemishes, bruises and blushes. America has not reached her full potential and rightful destination for all of her peoples…not yet, but she can. America has enough riches, resources and reserves for all of us to be adequately provided for. There really are enough natural resources, human resources and technology resources for all of us. In this Trump era, we still have much work to do regarding diversity, inclusion and recovery. Our national motto should still be “E pluribus unum,” (Out of many, one). We should still be striving to maintain this concept as one of our nation’s principle objectives: one for all, and all for one, realizing a true “United” States of America, as much as possible. Also, we should be able to expect statesmanship, dignity, character, honor, integrity, selflessness, accountability, intellect, vision, and compassion from the POTUS, of all of our peoples. In brief, a good government needs a “body politic”: a “head” to see the way forward; a “heart” to make it feel good; a “spine” to keep it upright. Together, “we” can do this. Together, “we” can do almost anything. If it is to be, it is up to “us.” We have come too far and done too much, together, to settle for anything lesser. Together, “we” must continue to strive for the common good, general welfare and more perfect union. Therefore, let us come together and do the right things…for all of us. And, may “we” keep our America safe, strong, sacred and special in every way which possible. For the doubters, detractors, deniers, and others of that niche among us, I conclude with a quotation by The Notorious B.I.G.: “If you don’t know, now you know…” The writer is a retired veteran (USMC) and a resident of Norfolk.
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Oct. 7, 2020• 7
www.LEGACYnewspaper.com Explanation for Proposed Constitutional Amendment To Be Voted on at the November 3, 2020, Election
BALLOT QUESTION
PROPOSED CONSTITUTIONAL AMENDMENT Article II. Franchise and Officers. Section 6. Apportionment. Section 6-A. Virginia Redistricting Commission
Should the Constitution of Virginia be amended to establish a redistricting commission, consisting of eight members of the General Assembly and eight citizens of the Commonwealth, that is responsible for drawing the congressional and state legislative districts that will be subsequently voted on, but not changed by, the General Assembly and enacted without the Governor’s involvement and to give the responsibility of drawing districts to the Supreme Court of Virginia if the redistricting commission fails to draw districts or the General Assembly fails to enact districts by certain deadlines? EXPLANATION Current Law Under the current Constitution, the General Assembly and the Governor are responsible for drawing new election districts for the U.S. House of Representatives, the state Senate, and the House of Delegates. These districts are required to be compact and contiguous, and to have populations that are equal to each other. Proposed Law The proposed amendment would shift the responsibility of drawing these election districts from the General Assembly and the Governor to a bipartisan commission, made up of 16 persons, half being members of the General Assembly and half being citizens of the Commonwealth. This commission would draw the election districts for the U.S. House of Representatives, the state Senate, and the House of Delegates and then submit the maps to the General Assembly for approval. If the commissioners are unable to agree on proposals for maps by a certain date, or if the General Assembly does not approve the submitted maps by a certain date, the commission is allotted additional time to draw new districts, but if maps are not then submitted or approved, the Supreme Court of Virginia becomes responsible for drawing these election districts. The eight legislative commissioners are appointed by the political party leadership in the state Senate and the House of Delegates, with an equal number from each house and from each major political party. The eight citizen commissioners are picked by a committee of five retired circuit court judges. Four of the retired judges are selected by party leaders in the Senate and the House from a list compiled by the Chief Justice of the Supreme Court of Virginia. These four judges pick the fifth judge from the same list. This selection committee then chooses citizen commissioners from lists created by party leaders in the Senate and the House. Members and employees of Congress or the General Assembly cannot be citizen commissioners. Each party leader in each house gives the selection committee a list of at least 16 candidates, and the committee picks two from each list for a total of eight citizen commissioners. For a plan to be submitted for the General Assembly’s approval, at least six of the eight citizen commissioners and at least six of the eight legislative commissioners must agree to it. Additionally, for plans for General Assembly districts to be submitted, at least three of the four Senators on the commission have to agree to the Senate districts plan and at least three of the four Delegates on the commission have to agree to the House of Delegates districts plan. The General Assembly cannot make any changes to these plans, and the Governor cannot veto any plan approved by the General Assembly. The amendment also adds a requirement that districts provide, where practicable, opportunities for racial and ethnic communities to elect candidates of their choice. A “yes” vote will make a bipartisan commission responsible for the initial drawing of election districts. A “no” vote will leave the sole responsibility for drawing the districts with the General Assembly and the Governor. FULL TEXT OF AMENDMENT [Proposed new language is underlined. Deleted old language is stricken.] Amend Section 6 of Article II of the Constitution of Virginia and amend the Constitution of Virginia by adding in Article II a section numbered 6-A as follows: ARTICLE II FRANCHISE AND OFFICERS Section 6. Apportionment. Members of the House of Representatives of the United States and members of the Senate and of the House of Delegates of the General Assembly shall be elected from electoral districts established by the General Assembly pursuant to Section 6-A of this Constitution. Every electoral district 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. Every electoral district shall be drawn in accordance with the requirements of federal and state laws that address racial and ethnic fairness, including the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States and provisions of the Voting Rights Act of 1965, as amended, and judicial decisions interpreting such laws. Districts shall provide, where practicable, opportunities for racial and ethnic communities to elect candidates of their choice. The General Assembly shall reapportion the Commonwealth shall be reapportioned into electoral districts in accordance with this section and Section 6-A in the year 2011 2021 and every ten years thereafter. Any such decennial reapportionment law shall take effect immediately and not be subject to the limitations contained in Article IV, Section 13, of this Constitution. The districts delineated in the decennial reapportionment law shall be implemented for the November general election for the United States House of Representatives, Senate, or House of Delegates, respectively, that is held immediately prior to the expiration of the term being served in the year that the reapportionment law is required to be enacted. A member in office at the time that a decennial redistricting law is enacted shall complete his term of office and shall continue to represent the district from which he was elected for the duration of such term of office so long as he does not move his residence from the district from which he was elected. Any vacancy occurring during such term shall be filled from the same district that elected the member whose vacancy is being filled. Section 6-A. Virginia Redistricting Commission. (a) In the year 2020 and every ten years thereafter, the Virginia Redistricting Commission (the Commission) shall be convened for the purpose of establishing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly pursuant to Article II, Section 6 of this Constitution. (b) The Commission shall consist of sixteen commissioners who shall be selected in accordance with the provisions of this subsection. (1) Eight commissioners shall be legislative members, four of whom shall be members of the Senate of Virginia and four of whom shall be members of the House of Delegates. These commissioners shall be appointed no later than December 1 of the year ending in zero and shall continue to serve until their successors are appointed. (A) Two commissioners shall represent the political party having the highest number of members in the Senate of Virginia and shall be appointed by the President pro tempore of the Senate of Virginia. (B) Two commissioners shall represent the political party having the next highest number of members in the Senate of Virginia and shall be appointed by the leader of that political party. (C) Two commissioners shall represent the political party having the highest number of members in the House of Delegates and shall be appointed by the Speaker of the House of Delegates. (D) Two commissioners shall represent the political party having the next highest number of members in the House of Delegates and shall be appointed by the leader of that political party. (2) Eight commissioners shall be citizen members who shall be selected in accordance with the provisions of this subdivision and in the manner determined by the General Assembly by general law. (A) There shall be a Redistricting Commission Selection Committee (the Committee) consisting of five retired judges of the circuit courts of Virginia. By November 15 of the year ending in zero, the Chief Justice of the Supreme Court of Virginia shall certify to the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of Virginia of the political party having the next highest number of members in the Senate a list of retired judges of the circuit courts of Virginia who are willing to serve on the Committee, and these members shall each select a judge from the list. The four judges selected to serve on the Committee shall select, by a majority vote, a judge from the list prescribed herein to serve as the fifth member of the Committee and to serve as the chairman of the Committee. (B) By January 1 of the year ending in one, the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of the political party having the next highest number of members in the Senate shall each submit to the Committee a list of at least sixteen citizen candidates for service on the Commission. Such citizen candidates shall meet the criteria established by the General Assembly by general law. The Committee shall select, by a majority vote, two citizen members from each list submitted. No member or employee of the Congress of the United States or of the General Assembly shall be eligible to serve as a citizen member. (c) By February 1 of the year ending in one, the Commission shall hold a public meeting at which it shall select a chairman from its membership. The chairman shall be a citizen member and shall be responsible for coordinating the work of the Commission. (d) The Commission shall submit to the General Assembly plans for districts for the Senate and the House of Delegates of the General Assembly no later than 45 days following the receipt of census data and shall submit to the General Assembly plans for districts for the United States House of Representatives no later than 60 days following the receipt of census data or by the first day of July of that year, whichever occurs later. (1) To be submitted as a proposed plan for districts for members of the United States House of Representatives, a plan shall receive affirmative votes of at least six of the eight legislative members and six of the eight citizen members. (2) To be submitted as a proposed plan for districts for members of the Senate, a plan shall receive affirmative votes of at least six of the eight legislative members, including at least three of the four legislative members who are members of the Senate, and at least six of the eight citizen members. (3) To be submitted as a proposed plan for districts for members of the House of Delegates, a plan shall receive affirmative votes of at least six of the eight legislative members, including at least three of the four legislative members who are members of the House of Delegates, and at least six of the eight citizen members. (e) Plans for districts for the Senate and the House of Delegates shall be embodied in and voted on as a single bill. The vote on any bill embodying a plan for districts shall be taken in accordance with the provisions of Article IV, Section 11 of this Constitution, except that no amendments shall be permitted. Such bills shall not be subject to the provisions contained in Article V, Section 6 of this Constitution. (f) Within fifteen days of receipt of a plan for districts, the General Assembly shall take a vote on the bill embodying that plan in accordance with the provisions of subsection (e). If the General Assembly fails to adopt such bill by this deadline, the Commission shall submit a new plan for districts to the General Assembly within fourteen days of the General Assembly’s failure to adopt the bill. The General Assembly shall take a vote on the bill embodying such plan within seven days of receipt of the plan. If the General Assembly fails to adopt such bill by this deadline, the districts shall be established by the Supreme Court of Virginia. (g) If the Commission fails to submit a plan for districts by the deadline set forth in subsection (d), the Commission shall have fourteen days following its initial failure to submit a plan to the General Assembly. If the Commission fails to submit a plan for districts to the General Assembly by this deadline, the districts shall be established by the Supreme Court of Virginia. If the Commission submits a plan for districts within fourteen days following its initial failure to submit a plan, the General Assembly shall take a vote on the bill embodying such plan within seven days of its receipt. If the General Assembly fails to adopt such bill by this deadline, the districts shall be established by the Supreme Court of Virginia. (h) All meetings of the Commission shall be open to the public. Prior to proposing any redistricting plans and prior to voting on redistricting plans, the Commission shall hold at least three public hearings in different parts of the Commonwealth to receive and consider comments from the public. (i) All records and documents of the Commission, or any individual or group performing delegated functions of or advising the Commission, related to the Commission’s work, including internal communications and communications from outside parties, shall be considered public information.
Va. voters get conflicting information on witness signatures There were last-minute changes made to the absentee voting process in Virginia this year ahead of the presidential election — and it appears that time crunch is now leading to confusion for voters. Absentee ballots started being mailed out to voters in September, and several jurisdictions mailed ballots that include instructions telling voters that they need a “witness signature” for their ballot to count. While that was the case in previous elections, witness signatures are not required this year. “There is some conflicting information provided to voters,” said Deb Wake, president of the voting-rights advocacy group the League of Women Voters of Virginia. “Some of the localities,
when they printed the ballot envelopes, the witness requirement is still on there.” Confusion over the signatures has been reported in numerous areas including Fairfax County, Arlington County, Alexandria and Manassas Park. Wake said it appears that some local officials did not have enough time to change the official language on their ballot instructions. In late August when Virginia Attorney General Mark Herring announced that the state had agreed to accept absentee ballots without the signature of a witness. “I understand that there were time pressures and it’s unfortunate,” said Wake. Wake’s group helped get the
witness requirement removed by suing the Virginia Department of Elections, arguing that voters should not be forced to be around anyone else during the pandemic. In a statement, Herring said he agreed and that “safe voting has been one of my top priorities for the last six months because no one should ever have to choose between their health and their fundamental right to cast their vote.” Here are some important deadlines: Oct. 13 is the last day to register to vote. You can request an absentee ballot online or from your local registrar and you have until Oct. 23. In person early voting already started in Virginia and runs until Oct. 31. Nov. 3 is the last day to postmark
They don’t want us to vote. Because they know our votes are powerful. Republicans are trying to stop us from voting. They're spreading misinformation to make us feel powerless. Because one vote per neighborhood can literally decide who represents us in Congress, and whether the change we're marching for actually happens. We know our power. Too much is at stake to stay home. A police reform bill that is currently being blocked by Republicans. Our ability to raise the minimum wage, invest in Black owned businesses, and expand job training. It's all on the ballot - change is only possible with our votes.
Early voting in-person is happening now. Go to iwillvote.com to make your plan.
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a mail-in ballot. To register in Virginia you must: - Be a citizen of the United States; - Be a resident of Virginia and of the precinct in which you want to vote; - Be 18 years old (any person who is 17 years old and will be 18 years of age at the next general election shall be permitted to register in advance and also vote in any intervening primary or special election); -Not have been convicted of a felony, or have had your civil rights restored; and -Not currently be declared mentally incompetent by a court of law. You may register online via the citizen’s portal at www.vote. elections.virginia.gov or obtain an application from their local elections office or designated state agencies.