Youngkin’s amendment to Virginia Beach voting system bill faces opposition

Stacy Parker, The Virginian-Pilot
·5 min read

VIRGINIA BEACH — A bill that would enshrine Virginia Beach’s new election system into its city charter hangs in the balance of the state legislative process this spring.

SB189 would officially change Virginia Beach’s charter to reflect the city’s recent transition to a City Council consisting of single-member districts and the mayor. Previously, the at-large system allowed all residents to vote for every council district.

But Gov. Glenn Youngkin essentially delayed a decision, amending the bill to say it “shall not become effective unless reenacted by the 2025 Session of the General Assembly.” State Sen. Aaron Rouse, a Virginia Beach Democrat and the bill’s sponsor, said he plans to reject the amendment and send it back to the governor.

No matter what happens to SB189, Virginia Beach still plans to hold a district-based City Council election in November and for the foreseeable future, according to Deputy City Attorney Christopher Boynton.

The legislative process for amended bills differs from those vetoed. If either legislative chamber fails to agree to the governor’s entire recommendation on a bill, it can be returned to him as originally presented. Should the governor then veto the bill, the House of Delegates and Senate could override it so the bill can become law this year, but it would require a two-thirds majority in both.

“This charter change is just the last piece of this puzzle,” said Rouse, a former Virginia Beach city councilmember. “I find it unnecessary and interesting that he would have an amendment for this.”

Youngkin, a Republican, has made clear that he will keep pushing to advance an arena in Northern Virginia, which was left out of the Democrat-led state budget proposal. The governor is currently revising the budget. When asked if SB189, a priority for Democratic legislators, could be in jeopardy, Rouse said he has concerns.

“I don’t like to speculate,” said Rouse. “There are bigger things at play that he could use as leverage.”

Rouse and Del. Kelly Convirs-Fowler, also a Virginia Beach Democrat, carried identical bills in their respective chambers. While Rouse’s measure sailed through the Senate with unanimous support, Convirs-Fowler’s bill faced opposition from House Republicans, who argued the bill should not progress because of an ongoing lawsuit. It ultimately passed in the House in a 68-31 vote, with one abstention. If that level of support holds in both chambers, it would be enough to override the amendment.

Del. Barry Knight, a Virginia Beach Republican who voted against the bill, said Youngkin’s amendment is typical for a bill with action currently subject to litigation. A bill he introduced related to maintaining golf course grounds (HB1054) was continued until 2025 because of a pending lawsuit involving the former Signature at West Neck in Virginia Beach, he said.

“We technically don’t do any bills that are in litigation,” said Knight. “They’re not singling this one out.”

The city’s voting system was overhauled as a result of a lawsuit filed in 2017 alleging the at-large system allowing residents to vote in every council district was illegal. A federal judge agreed in 2021, finding the system unconstitutional because it diluted minority voting power.

In 2022, the city implemented 10 single-member districts, including three districts where minority voters formed a majority of the voting population. Amending the city charter to align with the election system overhaul requires General Assembly approval.

Rouse’s bill was among the first set of legislation to hit the governor’s desk. According to a March 8 press release from the governor’s office, Youngkin wants the bill reassessed next year after the potential resolution of the ongoing lawsuit.

Several Virginia Beach residents have filed a lawsuit in state court contending the city “illegally manipulated its electoral system by eliminating three at-large seats that are expressly established under the City Charter,” and deprived the rights of voters.

The city also faces a federal lawsuit contending it illegally changed its voting system prior to the 2022 election.

Virginia Beach is challenging the claims, arguing that Virginia law authorizes local governing bodies to increase and decrease districts during decennial redistricting, which takes legal precedence over the city charter provisions.

A hearing on the matter in state court is forthcoming, Boynton said.

Brandan Goodwin, attorney for the plaintiffs, said depending on the outcome of the hearing, he plans to file for a temporary injunction, which if awarded by the court, could potentially have an impact on the November election.

Goodwin has also said that the lawsuit will move forward unless the bill becomes law.

Related Articles

The Virginia House Democratic Caucus and the Virginia Democratic Committee have criticized the governor’s amendment.

“We should be doing everything we can to ensure that everyone has an equal voice in our election system, not preventing a locality from conducting the will of the people and making their electoral systems truly representative – especially when no other locality’s request was affected,” the caucus said.

Virginia Beach city leaders hope the bill will take effect this year.

“This item was included in City Council’s approved legislative packet following a robust community engagement campaign where a third party, randomly sampled, statistically representative survey found that 81% of our community supports the 10-1 system,” a city’s statement said. “The 10-1 system complies with the Virginia Voting Rights Act, and it was successfully used in the 2022 elections.”

Stacy Parker, 757-222-5125, stacy.parker@pilotonline.com