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clamoring for additional representation, legislators in 1981 came up with the “Fairfax 12” plan, adding two House of Delegates seats in Fairfax County. Following objections by leaders in other parts of the state that the plan would hurt incumbents, the proposal was revised into the “Brotherly Love” plan, which kept 12 seats in Fairfax but protected all other incumbents statewide.
“It turned out that the Brotherly Love — B.L. — plan wound up accidentally having 101 (delegate) seats, which was one too many. Legislators starting referring to it as the ‘Barely Legal’ plan,” said Brenda Wright of the Lawyers Committee for Civil Rights Under Law at Saturday’s forum.
Legislators then proffered what came to be known as the “Bunny Rabbit” plan, because one district was drawn in the shape of rabbit’s ears. The courts struck it down immediately, “which goes to show you that you should never have a plan that is named after an animal’s body parts,” Ms. Wright said.
Unlike congressional redistricting, in which each district in a state must have almost exactly equal populations (deviations of more than one percent are always struck down), legislative redistricting is slightly less restrictive.
“It’s a more relaxed standard. Anything under a 10 percent deviation — five percent higher or lower than average — is deemed to be constitutional,” Ms. Wright said.
Taking care of No. 1
As the General Assembly convenes to make changes in the state’s legislative districts, one thing will be uppermost in each politician’s mind: self-preservation.
“Redistricting bills are probably the only bills that every legislator understands,” joked Del. Vincent Callahan, R-McLean, who sits on the House Privileges and Elections Committee. “You can bet your bottom dollar that everyone’s going to look at their own districts first. ”
Northern Virginia should have an easier time of it than other regions, since the local area will get more representation. Northern Virginia’s delegation will increase from 21 to 24 delegates and from eight to 10 senators. “You’ll see a lot of fur flying before it’s over downstate,” Del. Callahan said. “They will have it much worse than we will.”
Considering the angst over legislative redistricting, Virginia has accomplished congressional redistricting with nary a hitch over the past few decades. The 1981 plan was implemented without legal action.
Members of the House and Senate Privileges and Elections Committees will be traveling across the state the week of Dec. 10, holding public hearings on redistricting.
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