History repeats itself

Changing demographics has the Republican Party scrambling to hold on to power in the states and to regain a chance to win the presidency (even if they don't win the popular vote). But, instead of putting forth new ideas with broad appeal Republicans across the nation are pushing various schemes to rig election rules in their favor. If this sounds like trying to deny the will of the people, you are absolutely right. If it sounds like something new in American politics, you are dead wrong.

Voter ID laws designed to limit citizen participation have been and are still being proposed in state after state including the commonwealth. Not satisfied with gerrymandering just every ten years, the GOP members of the Virginia Senate are pushing a ultra-partisan redistricting plan they hope will pump up the number of Republican leaning districts giving them an electoral advantage. And across the country, but most especially in "presidential blue states" where Republicans control the legislatures, they are advocating for changes in how electors are chosen.

When parties fall out of step with the will of people, desperation sets in as politicians try to hold on to power. As is happening today with Republicans, it also happened in the late 1790s and early 1800s as Federalists felt power slipping through their fingers. James Madison words to Thomas Jefferson about Federalists could just as well be written about today's GOP: "The horrors which they evidently feel at the approach of the electoral epoch are a sufficient warning of the desperate game by which they will be apt to characterize the interval."

Jefferson was fully aware of the Federalist's strategy, writing to his daughter, Patsy: "Our opponents perceive the decay of their power. Still they are pressing it, and trying to pass laws to keep themselves in power."

The influential New York Federalist, Alexander Hamilton, devised a plan to get Governor John Jay to change election laws to deny the will of the people in the selection of presidential electors. Hamilton implored Jay: "In times like this in which we live, it will not do to be over-scrupulous."

Flashing forward to today's Republican acts of desperation, it at least fair to point out that some in the party are urging a focus on issues of the American people rather than a strategy of rigging the political game. Even Governor Bob McDonnell and Lt. Governor Bill Bolling are urging the Senate to back off on the redistricting. Perhaps they hear the echo of John Jay's words in response to Hamilton's ploy: "Proposing a measure for party purposes, which I think it would not become me to adopt." Or perhaps they are recalling the fate of the Federalist Party which, although it left a lasting imprint on the young nation, was nearly extinct by the 1820s.

Say what...?

According to Delegate Chris Jones (R-Suffolk), the decennial redistricting process is political but he doesn't "think the commonwealth has suffered because of it." Huh?

A bit of background: following the Census that will be conducted this spring, in 2011 the General Assembly will draw district lines for Congress and for both houses of the General Assembly. Districts are supposed to be as close in population as practical. Local governments will use the demographic info to draw their political boundaries and adjust precinct lines.

In the General Assembly, the temptation is great to draw districts that are favorable to incumbents. If redistricting to benefit politician or party is done with too much gusto, it may be struck down by the courts. Even so, our lawmakers can find plenty of ways to draw districts that pass judicial muster, but still give them (and friends) an electoral advantage. As Delegate Onzlee Ware (D-Roanoke) noted, "... the truth is we know that the party in power uses that as a tool to either strengthen their political power ... or they use it to dilute districts so they can pick up other seats."

Delegate Jones may not think the commonwealth has suffered because of partisan redistricting, but the truth lies elsewhere. If "safe" districts are created for incumbents, challengers will be discouraged and we'll see more uncontested seats. Bad for democracy, bad for the commonwealth. But, good for Delegate Jones' reelection?

Republicans in the House of Delegates are already angling to stack the redistricting deck in their favor. While Democrats in the Senate should be able to block the worst abuses, they may also engage in mutual back scratching when it comes to redistricting. No matter which party does it, redistricting in which partisanship is a factor is bad for Virginia. Bad for democracy.

During the 2010 session, the General Assembly should enact legislation to take politics out of the redistricting process. It may be too late for a state constitutional amendment to govern the process in 2011, but lawmakers can can put in place some nonpartisan, open, and transparent safeguards. Last year the Senate passed Senator Creigh Deeds' amendment to create a bipartisan redistricting commission, but it was killed in the House of Delegates. Governor McDonnell has said he favors reforms - will he deliver or cave in to political pressure from Delegates? It is time to slay the gerrymander in Virginia.

Virginians/Creigh Deeds Agree: Close the Loophole

According to a poll conducted by Christopher Newport University's Judy Ford Wason Center for Public Policy, 80% of Virginians want to close the "gun-show loophole" that allows anyone to buy a gun from an unlicensed dealer without a background check. The same sale at the same show from a licensed dealer requires the buyer undergo a criminal background check.

Driven by the horrible shootings at Virginia Tech, Senator Creigh Deeds worked for several sessions to find a bipartisan compromise that will close the gun-show loophole while at the same time preserving the rights of legitimate buyers to purchase a gun. Of course, to the National Rifle Association, any restriction no matter how common sense and reasonable, pulls their hair trigger. Although Deeds wrote the constitutional amendment that guarantees the right to hunt and fish and has an A rating and was endorsed by the NRA in 2005, his due diligence and hard work seeking a way to close this dangerous loophole earned their ire this year. Even with an "A?"

But, as the poll indicates, Creigh Deeds is very much in line with the vast majority of Virginians on closing the loophole. It also found that 63% of Virginians agree with Deeds that redistricting of legislative districts should be done by a bipartisan commission. Fundamental to our democracy, killing the gerrymander is an issue which Deeds has worked on for years and promises to accomplish as Governor.

As we consider who to vote for on Election Day, this poll reminds us of something more than the fact the Deeds is in tune with voters in the Commonwealth. Creigh Deeds has taken on tough issues with a tenacity rarely seen in politicians. For Creigh it is all about finding solutions to tough problems. Solutions that do the greatest good for the greatest number.

The CNU survey was was conducted Oct. 8-13 in cooperation with The Virginian-Pilot and WVEC-TV. It has a MOE of ± 4.4 percentage points.

Moran visits the 'Burg

Except for a few patrons at the door of the public library, Harrisonburg's Main St. was mostly deserted with a cold wind. But at Clementine's, the mood upstairs was festive with a lively younger crowd. Downstairs is a small bar and large rustic meeting room with sofas and chairs and local art that give it a feel of a living room complete with a large TV. The owners make this inviting space available to a variety of groups - it has become a casual meeting place for a variety of progressive groups like the local Democrats and the Sierra Club.

Clementine's is an important part of the renaissance of the once near-dead downtown. Thirty years ago there was Advance Auto, an A&N Store, Whetzel Seed Co., and a Woolworth's along with furniture, shoe, and clothing stores. Those that didn't die moved to the Valley Mall area or down Rt. 11. For a while, the only thing that attracted me to court square was Jess's Lunch - if you've been there you know what I'm talking about; if not, you should go for a dog and the cultural experience. Now downtown boasts several restaurants, Court Square Theater, small museums and historical attractions. Glad to see the new energy.

Last night nearly 60 people filled the room to meet gubernatorial candidate Brian Moran. He arrived just after the starting time and began shaking hands and taking time to chat with every person. Since the event was hosted by the JMU Democrats, about half the crowd were probably not able to buy a beer - but one young man was celebrating his 21st! Also spotted were House of Delegates candidates Greg Marrow (25th) and Gene Hart (26th), and Harrisonburg Mayor Kai Degner, the state's youngest mayor.

With the frontpage of his website scrolling pictures behind him, Moran talked about clean and green energy, saying NO to a coal-fired generator at Surry, improving health care for all Virginians, job creation, and much more. In response to a question about I-81, Moran expressed strong support for rail as the long term solution. On another question about redistricting, Moran said as Governor he'd make sure there was bipartisan (or did he say nonpartisan?) review of the districts. He praised Senator and gubernatorial candidate Creigh Deeds who has been the strongest legislative proponent of creating a bipartisan redistricting commission.

Moran stumbled a bit on a student's question about a redefinition of the triggerman rule. Senator Obenshains' SB 961 expands the death penalty by allowing accessories before the fact and others indirectly involved in capital crimes to be eligible for the death penalty. Moran expressed support for the death penalty for the most heinous crimes, but seemed a bit confused about the bill and finally said he wasn't familiar with the legislation from this session. He recovered a bit to talk about the principle - it sounded like he opposes expansion of the death penalty. BTW, while we are on the topic, contact Governor Kaine and ask him to veto SB 961 its companion HB 2358.

With an audience that likely leans to Creigh Deeds (at least the older birds), Brian Moran connected. He spoke about how competing in the primary has forced him to focus on issues and and people while sharpening his positions and words. It is clear Brian Moran has done just that!

More at the Daily News-Record where I shamelessly "borrowed" the pic.

Pitchfork Rebellion

Virginia is one of only two states in which the legislature appoints judges, frequently in a partisan deal made largely behind closed doors. The other state with legislative judicial appointments is South Carolina. Some other states elect judges complete with all the campaign funds, lobbyists, and political parties - talk about partisan and potentially corrupting.

But, about 30 states use a variation of the Missouri Plan which attempts to remove most of the partisanship. Judges are selected on the basis of merit through a process that uses a nonpartisan commission to review applications, interview candidates, and select three names which are submitted to the governor. Usually the governor picks one, but if not, the commission selects one after 6o days. Not to be left out, the voters also have a say. After serving for a year the judge stands for a retention election at the next general election.

CCC commented on the Virginia's system of Judging Judges back in August. The 2009 session of the General Assembly saw some of the same deal making and gridlock over appointments that characterized prior sessions. Also bitter arguments over the evaluations of judges. The legislature ended this year with vacancies in several courts (although rumor is they may try to deal with that at the reconvened session next month).

Meanwhile, a citizens group calling itself the Pitchfork Rebellion is calling for term limits for judges, citizen input in the selection of judges, open hearings, and a new judicial evaluation system. It grew out of dissatisfaction with the selection of judges in Fairfax Co., Hampton Roads, and Chesterfield Co. Organizers connected with each other online and now plan to set up a nonprofit group to coordinate activities and raise the issue statewide. Elizabeth Hering of Leesburg, one of the leaders of the movement, said:

"Overall, our goal is to take back our courts and achieve some measure of judicial accountability in Virginia and weed out bad jurists. No man should be above the law. However, we have a judiciary with absolute, unfettered power."

In fundamental ways, the judge selection process shares some striking similarities with the redistricting process for legislative seats. Both processes:

• are controlled by the General Assembly
• bring out the worst abuses of partisanship
• sometimes result in unnecessary gridlock
• are more about holding power than good government
• run contrary to ideals of democracy - citizen involvement, liberty, fairness, and accountability of public officials
• have been successfully reformed in other states by delegating responsibility to nonpartisan commissions
• require (for meaningful and lasting reform) amending the Virginia Constitution

Things move slowly in Virginia politics. There is a bit of arrogance that we do things right in the Commonwealth and can't learn better ways from other states. It often takes many years and multiple sessions to finally enact good ideas. With a gubernatorial election and 100 members of the House of Delegates facing voters (in their gerrymandered districts), 2009 would be a good time to put reform of redistricting and the selection of judges squarely on the front burner of political discussions. Grab your pitchfork!

Slay the gerrymander

CCC has previously posted about redistricting, gerrymandering, and the negative consequences for our democracy. Research across the nation clearly demonstrates gerrymandering reduces competition between the parties, heightens voter apathy while lowering voter participation, protects incumbents, reduces accountability of elected officials, and has other negative consequences.

About a dozen states have created independent commissions to draw legislative districts and several others have advisory or backup panels to help deal with the partisan bickering and gridlock redistricting often produces. For several General Assembly sessions, Senator Creigh Deeds (D-Bath) has worked on a constitutional amendment to create a redistricting commission. In 2008 this legislation passed with strong bipartisan support in the Senate, but was killed by Republicans in a subcommittee of the House Privileges & Elections committee. Among those voting to kill it was Delegate Steve Landes (R-Augusta). Because a constitutional amendment takes passage in two sessions of the General Assembly, with an intervening election, and approval by voters in a referendum, redistricting reform will not pass in time for Virginia's next redistricting following the 2010 census.

But, maybe something can be done over the next decade to assure that redistricting reform will be in place for the 2021 session of the General Assembly. The Virginia News Letter has an in-depth study of the negative consequences of this old political practice, Gerrymandering 's Long History in Virginia: Will This Decade Mark the End? From the introduction:

Every 10 years, a new U.S. census sets the stage for a round of political redistricting in Virginia and the nation. It also brings the likelihood that the boundaries of some newly drawn voting districts will be manipulated in an obvious effort to benefit one political party. This popular but unfair practice is called gerrymandering. Virginia, with a history of gerrymandering going back to the earliest days of the nation, should begin a reform process immediately to prepare for the redistricting that the 2010 census will require. Stroupe, chief of staff at the University of Virginia’s Center for Politics and a member of the state Commission on Civics Education, recommends that the legislature strongly consider establishing an independent panel of current or former state judges to assist in redistricting.

Gerrymandering isn't always the reason for low political competition and low voter turnout. But, to the extent this form of political manipulation results in voter apathy and suppression, it serves as a significant limitation on one of the greatest exercises of liberty possessed by the citizens of this state and nation. Stroupe writes, “It is time the ‘Cradle of Democracy’ became the ‘Graveyard of Gerrymandering.’”

Kenneth Stroupe's essay should be required reading for candidates for statewide office and for the House of Delegates. Those who opposed the bill must be held accountable in November 09.

Delegate Chicken-Heart

Delegate Steve Landes (R-Augusta) was one of four Republicans on a subcommittee of the House Privileges & Elections committee that killed SB 926. The bill would have created a seven member commission to, beginning in 2011, draw General Assembly and congressional districts without regard to political considerations. The bill was sponsored by Senator Creigh Deeds and had passed the Senate by a 39-0 vote.

It is quite apparent to anyone who has observed the redistricting process that when legislators draw their own districts, they do so with their next campaign foremost in mind. To hell with drawing commonsense district lines that respect communities. To hell with good government. To hell with democracy. Legislators primarily think in terms of protecting their own neck or screwing the other party.

Landes, sticking his head deep into the sands of partisanship, denied the current system protects incumbents (how do you spell POULTRY LITTER?). Landes then dodged talking about the issue:

"One of the problems I've had in the many years I've been here is the legislative branch more and more gives up its authority to other groups or the executive branch..."

By the way, Landes' assertion is absurd and he's either not being forthcoming or didn't understand the bill. The General Assembly would have retained final say on districts created by the commission. Sure there would have been pressure on them to accept the commission's districts, but legislators could override if there was broad support to do so.

Delegate Landes, always the partisan on steroids, was marching to the party line that wants to deny Senator Deeds, a gubernatorial candidate, any legislative successes. Playing politics is more important than good policy. It is more important than democracy. It is apparently more important than the GOP's beloved tax breaks - the House killed another Deeds' bill (SB 1216) that would have created a sales tax exemption for renewable energy systems like wind powered electric generators and solar panels. The partisan chickens in the House didn't even consider the merits of the bill - they killed it on a procedural motion.

Senator Deeds responded to the defeat of SB 926 by saying he wanted an end to "bitter partisanship" in the State Capitol. He continued:

"I think you'll come out with a more moderate form of government. You'll end up with a more problem-solving, focused legislature, whether it's Democratic or Republican."

Senator Deeds has been working on building a bipartisan consensus on this legislation for several sessions. It is ashamed that four partisans on a subcommittee can undo that good work - but such is the legislative process. Deeds promised that as Governor he would appoint an advisory panel on redistricting and use his veto/amendment powers to help craft a plan to remove partisanship from the process.