Petition for Writ of Certiorari to the US Court of Appeals for the Fifth Circuit
Public Court Documents
January 7, 1970

104 pages
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Brief Collection, LDF Court Filings. Moon v. Meadows Attachments to Defendant-Intervenors' Brief, 1994. dc14899c-be9a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a5989d6d-cede-4440-80a8-3ee978270a62/moon-v-meadows-attachments-to-defendant-intervenors-brief. Accessed August 19, 2025.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DONALD MOON and ROBERT SMITH, Plaintiffs, v. M. BRUCE MEADOWS, No. 3:95 CV 942 Defendant, and CURTIS W. HARRIS; JAYNE W. BARNARD; JEAN PATTERSON BOONE; RAYMOND H. BOONE; WILLIE J. DELL; HENRY C. GARRARD, SR.; WALTER T. KENNEY, SR.; MELVIN R. SIMPSON; and GERALD T. ZERKIN, Defendant-Intervenors. ATTACHMENTS TO DEFENDANT-INTERVENORS’ BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT STEPHEN B. PERSHING Virginia Bar No. 31012 American Civil Liberties Union Foundation of Virginia, Inc. 6 North Sixth Street, Suite 400 Richmond, Virginia 23219 (804) 644-8080 MARY WYCKOFF American Civil Liberties Union Foundation 132 West 43d Street New York, NY 10036 (212) 944-9800 Other counsel for defendant-intervenors listed on inside front cover M. LAUGHLIN McDONALD NEIL BRADLEY MAHA S. ZAKI American Civil Liberties Union Foundation, Inc. 44 Forsyth Street, N.W. Suite 202 Atlanta, GA 30303 (404) 523-2721 J. GERALD HEBERT Virginia Bar No. 38432 800 Parkway Terrace Alexandria, Virginia 22302 (703) 684-3585 ELAINE R. JONES Director-Counsel THEODORE M. SHAW NORMAN J. CHACHKIN NAACP Legal Defense and Educational Fund, Inc. 99 Hudson Street Suite 1600 New York, New York 10013 (212) 219-1900 PENDA HAIR CASSANDRA BUTTS NAACP Legal Defense and Educational Fund, Inc. 1275 K Street, N.W., Suite 301 Washington, DC 20005 (202) 682-1300 PAMELA S. KARLAN 580 Massie Road Charlottesville, VA 22903 (804) 924-7810 TABLE OF ATTACHMENTS Attachment 1 Consent judgment and decree, United States v. City o f Newport News, No. 4:94 CV 155 (E.D. Va. Nov. 4, 1994) (Newport News City Council) Attachment 2 Consent judgment, Harris v. City o f Hopewell, No. 82-0036-R (E.D. Va. Jan. 5, 1983) (Hopewell City Council) Attachment 3 Consent decree and consent agreement, Watkins v. Thomas, No. 87-0709-R (E.D. Va. May 20, 1988) (Lunenburg County Board of Supervisors) Attachment 4 Consent decree and consent agreement, Person v. Ligon, No. 84-0270-R (E.D. Va. Jan. 12, 1988) (Emporia City Council) Attachment 5 Consent decree, Feggins v. Horne, No. 88-0865-R (E.D. Va. Jan. 16, 1989) (South Hill Town Council) Attachment 6 Consent decree, Brunswick County League fo r Progress v. Town Council o f Lawrenceville, No. 3:91 CV 0091 (E.D. Va. Nov. 5, 1991) (Lawrenceville Town Council) Attachment 7 Consent decree, King v. Blalock, No. 88-0811-R (E.D. Va. June 6, 1989) (Mecklenburg County Board of Supervisors) Attachment 8 1996 Virginia Legislative Guide Attachment 9 Attachment 10 Attachment 11 Attachment 12 Attachment 13 Attachment 14 Attachment 15 Attachment 16 U.S. Bureau of the Census, P.L. 94-171 data, adjustments to Virginia House of Delegates districts, effective Jan. 1, 1995 U.S. Bureau of the Census, P.L. 94-171 data, adjustments to Virginia Senate districts, effective Jan. 1, 1995 U.S. Bureau of the Census, P.L. 94-171 data, adjustments to Virginia Congressional districts, effective July 1, 1993 Virginia Department of Health, 1994 Annual Report of Vital Statistics, December 1995 (excerpts) Interim consent decree, Taylor v. Forrester, No. 89-0777-R (E.D. Va. May 17, 1990) (Lancaster County Board of Supervisors) Transcript of proceedings, Virginia House and Senate Committees on Privileges and Elections, Public hearing on Congressional redistricting, Richmond, October 11, 1991 (excerpts) Transcript of proceedings, Virginia House and Senate Committees on Privileges and Elections, Public hearing on Congressional redistricting, Annandale, November 7, 1991 (excerpts) Transcript of proceedings, Virginia House and Senate Committees on Privileges and Elections, Public hearing on Congressional redistricting, Norfolk, November 8, 1991 (excerpts) 2 Attachment 17 Transcript of proceedings, Virginia House and Senate Committees on Privileges and Elections, Public hearing on Congressional redistricting, Richmond, November 13, 1991 (excerpts) Attachment 18 Transcript of deposition of plaintiff Donald Moon, Moon v. Beyer, No. 3:95 CV 942 (E.D. Va., April 18, 1996) (excerpts) Attachment 19 Transcript of deposition of plaintiff Robert A. Smith, Moon v. Beyer, No. 3:95 CV 942 (E.D. Va., April 19, 1996) (excerpts) Attachment 20 "Legislative History of 1991 Virginia Congressional Redistricting," Attachment 15 to Virginia’s 1991 Section 5 Submission to U.S. Department of Justice Attachment 21 Letter from Dennis Dimsey, Esq., to J. Gerald Hebert, Esq., April 3, 1996 Attachment 22 Declaration of William S. Cooper, May 6, 1996 Attachment 23 U.S. Commission on Civil Rights, The Voting Rights Act: Unfulfilled Goals (September 1981) (excerpt) Attachment 24 Center for Public Service, University of Virginia, Virginia Statistical Abstract, 1994-95 Edition (1994) (excerpt) 3 ! NOV - 41994 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NEWPORT NEWS DIVISION UNITED STATES OF AMERICA, Plaintiff, v . CIVIL NO. f T w c v z / c r c CITY OF NEWPORT NEWS, VIRGINIA; ) NEWPORT NEWS CITY COUNCIL; ) BARRY E. DUVAL, Mayor and ) Member of the City Council; ) CHARLES C. ALLEN, AUBREY H. ) FITZGERALD, JOE S. FRANK, ) VINCENT T. JOSEPH, TERRENCE K. ) MARTIN, and MARTIN E. ) WILLIAMS, Members; ) NEWPORT NEWS ELECTORAL BOARD; ) INETTIE EDWARDS, MARY P. DOXIE, ) and C.E. BARNHART, Members; ) VICKY V. LEWIS, Newport ) News General Registrar, ) ANDREA D. PEGRAM, ELDER SIMON E. Defendants. RICHARDSON, LINDA E. BATCHILLER, and DAVID REDDEN, Plaintiffs, v . CIVIL NO. 4:94000 79 CITY OF NEWPORT NEWS, VIRGINIA; CITY COUNCIL OF NEWPORT NEWS; BARRY E. DUVAL, Mayor of the City of Newport News; CHARLES C. ALLEN, AUBREY FITZGERALD, JOE S. FRANK, VINCENT T. JOSEPH, TERRENCE K. MARTIN, and MARTIN E. WILLIAMS, members of the City Council of Newport News; CITY OF NEWPORT NEWS ELECTORAL BOARD; C.E. BARNHART, MARY P. DOXIE, INETTIE EDWARDS, members of the City of Newport News Electoral Board, and VICKY V. LEWIS, City of Newport News Voting Registrar, Defendants. CONSENT JUDGMENT AND DECREE Plaintiffs Andrea D. Pegram, Elder Simon E. Richardson, Linda E. Batchiller and David Redden (collectively the "private plaintiffs") commenced this action on July 12, 1994, pursuant to Sections 2 and 12(a) of the Voting Rights Act of 1965, as amended, 42 U.S.C. §§ 1973 and 1973j(d), and 28 U.S.C. § 2201, to enforce rights guaranteed by the Thirteenth, Fourteenth and Fifteenth Amendments to the United States Constitution. The private plaintiffs are black citizens and registered voters in Newport News, Virginia, and allege that the at-large method of electing the City Council of Newport News denies or abridges their right to vote on account of race or color, in violation of Section 2 of the Voting Rights Act, 42 U.S.C. § 1973, and the ■ United States Constitution. Plaintiff, the United States, has filed a separate action similarly alleging that the at-large method of electing the City Council of Newport News denies or abridges the rights of minorities in Newport News to vote on account of race or color, in violation of Section 2 of the Voting Rights Act, 42 U.S.C. § 1973, and the Fourteenth and Fifteenth Amendments to the United States Constitution. (The United States and the private plaintiffs will hereinafter be referred to collectively as "plaintiffs.") The parties, through counsel, have conferred and agree that these actions should be settled without protracted, costly and potentially divisive litigation. Accordingly, the parties have - 2 - entered into the following agreement as an appropriate resolution of these actions. Factual Stipulation of the Parties The parties stipulate as follows: 1. Defendant City of Newport News is a political subdivision of the Commonwealth of Virginia, chartered in 1896 by an Act of the Virginia General Assembly, Act No. 64 (1896). 2. Defendant City Council of Newport News is the governing body of the City of Newport News, established pursuant to the laws of the Commonwealth of Virginia. 3. Defendant Barry E. DuVal is the Mayor of the City of Newport News, Virginia, and a member of the City Council. Defendants Charles C. Allen, Aubrey H. Fitzgerald, Joe S. Frank, Vincent T. Joseph, Terrence K. Martin and Martin E. Williams are members of the City Council. 4 . Defendant City of Newport News Electoral Board is responsible for exercising certain powers and duties associated with the conduct and administration of elections for the City of Newport News, including elections for the City Council of Newport News. Defendants C. E. Barnhart, Mary P. Doxie, and Inettie Edwards are the members of the Newport News Electoral Board. 5. Defendant Vicky V. Lewis is the Newport News General Registrar and is responsible for exercising certain duties and powers associated with the conduct and administration of elections in the City of Newport News, including elections for the City Council. - 3 - *5. According to the 1990 Census, the City of Newport News has a total population of 170,045, of whom 57,077 (or 34 percent) are black. The voting age population of the city is 123,379, of whom 38,146 (or 31 percent) are black. 7. The City Council of Newport News is comprised of seven members, elected at large to four-year, staggered terms in non partisan elections. 8. Plaintiffs could present evidence sufficient to establish a prima facie showing that the black population of the City of Newport News is sufficiently large and geographically compact to constitute a substantial majority in a single-member district or districts. 9. Plaintiffs could present evidence sufficient to establish a prima facie showing that black voters in Newport News are politically cohesive, and that racially polarized voting patterns prevail in elections for City Council. 10. Plaintiffs could present evidence sufficient to establish a prima facie showing that white voters in Newport News vote sufficiently as a bloc usually to defeat the candidate of choice of black voters in elections for the Newport News City Council. 11. Plaintiffs could present evidence sufficient to establish a prima facie showing that black citizens in the Commonwealth of Virginia and in Newport News have suffered from a history of official racial discrimination in voting and other areas, such as education, employment, and housing, adversely - 4 - affecting their ability to vote and to participate equally with white citizens in the political process. 12. Notwithstanding the foregoing, defendants could present evidence that they have, over the course of the past several years, taken remedial and corrective actions designed to counteract the present effects of any past official racial discrimination. These actions include, but are not limited to, the adoption of a new electoral scheme for the election of the City's School Board which fairly reflects minority voting strength, and certain actions specifically targeted to the predominately African American portion of the City, which includes funding of a new recreational facility, a new high school and various street improvements, new homeownership and housing rehabilitation programs, an anti-crime initiative designed to provide added police protection, and development of an interdisciplinary program designed to address youth related problems. 13. The Commonwealth of Virginia and its subdivisions, including Newport News, are subject to the preclearance requirements of Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c ("Section 5”). Section 5 requires that any "voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting" different from that in force or effect in Newport News on November 1, 1964, may not be lawfully implemented unless Newport News obtains a declaratory judgment from the United States District Court for the District - 5 - of Columbia that the change does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, except that such change may be implemented without such judgment if it has been submitted to the United States Attorney General, and the Attorney General has not interposed an objection within sixty days. 42 U.S.C. § 1973c. 14. In 1989, a timely objection was interposed by the Attorney General pursuant to Section 5 to proposed changes in the method of electing the Mayor and City Council of Newport News. The objection letter stated that city council elections were characterized by a pattern of racially polarized voting and that black voters have had only limited success in electing candidates of their choice to office under the at-large method of election. 15. In 1992, the City Council proposed to adopt an at- large method of electing the Newport News School Board. On February 16, 1993, on behalf of the Attorney General, the Acting Assistant Attorney General interposed a Section 5 objection to the proposed adoption of an at-large method of electing the Newport News School Board. The objection letter stated that racially polarized voting in Newport News had intensified, and again noted that black voters largely have been unsuccessful in electing candidates of choice to the City Council under the at- large system. 16. On November 23, 1993, the City Council enacted a new gystgpn for election of the School Board, which consists of three two-member districts and one at-large seat, and a districting - 6 - plan. Newport News Ordinance No. 4541-93. One of the districts (Ward 3) is 58 percent black in voting age population, and another district (Ward 1) is 28 percent black in voting age population. The at-large seat is elected from the city as a whole in which blacks constitute 31 percent of the voting age population. This election system was precleared under Section 5 on February 22, 1994. Attachment A to this Consent Judgment and Decree is a map of the districting plan for the School Board. Attachment B provides demographic information for each district and the city as a whole. 17. Based on the foregoing, the parties agree that wliile the plaintiffs could present sufficient evidence to establish a prima facie case under Section 2 of the Voting Rights Act and defendants could present evidence towards establishing a meritorious defense, the interests of the parties and of the citizens of Newport News are best served by entering into this Consent Judgment and Decree and thus avoiding protracted, costly and potentially divisive litigation. 18. The parties further agree that the action filed by the private plaintiffs and the action filed by the United States should be consolidated pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. Accordingly, it is hereby ORDERED, ADJUDGED and DECREED that : 1. This Court has jurisdiction over these actions pursuant 7 to 28 U.S.C. §§ 1331, 1343(a)(3) and (4), and 1345, and 42 U.S.C. § 1973] (f) . 2. The above-captioned actions filed by the private plaintiffs (Pegram v. City of Newport News) and the United States (United States v. City of Newport News) are hereby consolidated pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. 3. The at-large method of electing the City Council of Newport News, operating in the totality of circumstances, violates Section 2 of the Voting Rights Act, 42 U.S.C. § 1973, and the Fourteenth and Fifteenth Amendments to the United States Constitution. 4. The defendants, their agents, successors in office, and all persons acting in concert with them, are permanently enjoined from administering, implementing or conducting future elections for City Council under the present at-large method. 5. The defendants shall implement, pursuant to the schedule set forth below (also set forth in Attachment C), the same districting plan that was adopted by the City Council for use in Newport News School Board elections. See Paragraph 16 of the Factual Stipulation. Defendants shall implement the plan under the following election schedule: In May 1996, the defendant city authorities shall hold a special election for two council seats in Ward 3, the majority minority district, to be designated Seat A and Seat B, as well as an at-large election for Mayor. One of the members elected to the City Council from Ward 3 in the May 1996 election shall serve a two year term - 8 - (Seat B), and the other shall serve a four year term (Seat A). The Mayor, elected at-large, shall serve a two year term. In May 1998, the city shall hold elections for five council seats and for Mayor. The council seats open for election in May 1998 shall be a four-year seat in Ward 3 (Seat B), a four-year seat in Ward 2 (Seat B), a two-year seat in Ward 2 (Seat A), a four-year seat in Ward 1 (Seat B), and a two-year seat in Ward 1 (Seat A). The at-large mayoral election in May 1998 shall be for a four-year team. Beginning in May 2000, the councilmanic elections shall be held on the same schedule as elections for the School Board, all terms being for four years. 6. The defendants shall, within twenty (20) days after entry of this Consent Judgment and Decree, submit to the Attorney General for preclearance under Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c, the voting changes occasioned by this Consent Judgment and Decree. 7. Within twenty (20) days of the Section 5 determination of the Attorney General of the United States, the defendants shall file with the court, with copies to counsel for plaintiffs, a copy of the Attorney General's determination. 8. The defendants shall take all steps necessary to implement the terms of this Consent Judgment and Decree. 9. The defendants shall pay unto private plaintiffs, as prevailing parties, reasonable costs and attorneys' fees pursuant to 42 U.S.C. § 1973.1(e) and 42 U.S.C. § 1988, in the amount of $44,561.84 . - 9 - 10. The court shall retain jurisdiction over this matter until December 31, 1998, to ensure full compliance with the terms of this Consent Judgment and Decree. * Entered this __ day of^&efcofaer, 1994. Approved as to form and content: U. ATTORNEYS FOR THE UNITED STATES OF AMERICA: JOHN K. TANNER REBECCA J. WERTZ MATTHEW G. OLSEN Civil Rights Division Department of Justice P.O. Box 66128 Washington, D.C. 20035-6128 (202) 514-4838 MICHAEL A. RHINE Virginia Bar No. 1266 Assistant U.S. Attorneys 101 W. Main Street Suite 8000 Norfolk, Virginia 23510 (804) 441-6331 ATTORNEYS FOR PEGRAM, et al.: LAUGHLIN MCDONALD NEIL BRADLEY MARY WYCKOFF Southern Regional Office American Civil Liberties Union Foundation, Inc. Suite 202 44 Forsyth Street, NW Atlanta, Georgia 30303 (404) 523-2721 -10- STEPHEN B. PERSHING American Civil Liberties Union of Virginia 6 North Sixth Street Richmond, Virginia 23219 (804) 644-8080 (703) 684-3585 Virginia Bar No. 17062 / Attorney at Law Harbour Centre 2 Eaton Street, Suite 708 Hampton, Virginia 23669 (804) 722-4068 EWS, et al.: JAMES B. COMEY Virginia Bar No. 36713 THERENCE 0. PICKETT DANA J. FINBERG McGuire, Woods, Battle & Boothe 901 East Cary Street Richmond, Virginia 23219 (804) 775-1000 OSCAR H. BLAYTON -11- CITY OF NEWPORT NEWS SCHOOL BOARD ELECTION DISTRICTS ATTACHMENT B NEWPORT NEWS SCHOOL BOARD DISTRICTS TOTAL POP. BLACK POP. % BLACK VAP DISTRICT 1 57,195 30.2 28.2 DISTRICT 2 58,747 10.1 9.2 DISTRICT 3 54,103 61.5 57.8 CITY-WIDE 170,045 33.6 30.9 ATTACHMENT C ELECTION SCHEDULE FOR NEWPORT NEWS CITY COUNCIL 1996 city council election 1998 city council election 2000 city council election 2002 city council election District 3 (the majority black district) Seat A (four-year term) Seat B (two-year term) At-large seat (two-year term) District 1 Seat A (two-year term) Seat B (four-year term) District 2 Seat A (two-year term) Seat B (four-year term) District 3 Seat B (four-year term) At-large seat (four-year term) District 1 Seat A (four-year term) District 2 Seat A (four-year term) District 3 Seat A (four-year term) District 1 Seat B (four-year term) District 2 Seat B (four-year term) District 3 Seat B (four-year term) At-large seat (four-year term) •VI/ IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION THE REV. CURTIS R. HARRIS, et al. , ___..... 1 \ i J Plaintiffs, v. CITY OF HOPEWELL, VIRGINIA, et al. , Defendant. Civil Action No. 82-0036-R CONSENT JUDGMENT Plaintiffs having filed this action challenging at-large municipal elections for the Hopewell City Council for unlawful dilution of black voting strength, and defendants having filed their answer denying the material allegations of the complaint, and the parties having reached a settlement of the issues presented and having consented to the entry of this judgment, but not having admitted fault or liability, it is, with the consent of the parties hereto, ORDERED, ADJUDGED, AND DECREED: 1. Defendants, their officers, agents, employees, successors in office, and all persons in active concert and participation with them, are hereby permanently re strained and enjoined from conducting or holding any further municipal elections for members of the City Council for the City of Hopewell under which all seven members of the City Council are elected on an at-large basis, and shall henceforth provide for the election of the seven members of the Hopewell City Council on the basis of a city council redistricting plan under which five members of the Hopewell City Council shall be elected from single-member districts, or wards, and two members shall be elected at-large. 2. Defendants shall adopt and put into effect the attached redistricting plan, Exhibit A attached, providing for five single-member districts, or wards, for the election of five members of the Hopewell City Council by wards. This plan shall remain in effect unless and until the results of the 1990 Census or any subsequent Census show that the five wards are unconstitutionally malapportioned. 3. All seven incumbent city council members will be permitted to serve out their present terms of office. 4. Three city council members shall be elected in the 1984 city council elections. One of these three members shall be elected on an at-large basis for a term of four years; one of these three members shall be elected from ward 3 for a term of two years; and one of these three members shall be elected from ward 5 for a term of two years. 5. Six city council members shall be elected in the 1986 city council elections. One of these six members shall be elected on an at-large basis for a term of two years. Five of these six members shall be elected in 1986, and every four years thereafter, from each of the five wards for a term of four years. - 2 - 6. Two members shall be elected on an at-large basis for a term of four years in the 1988 city council election and every four years thereafter. 7. Defendants shall pay to counsel for the plaintiffs the sum of $15,000 in full settlement of all of plaintiffs' claims for reasonable attorneys’ fees, necessary expenses of the litigation, and taxable court costs of the litigation. ORDERED, ADJUDGED AND DECREED on this the £'" day of January, 1983. Agreed to and approved by: Frank R. Parker Attorney for Plaintiffs Stephen W. Bricker Attorney for Plaintiffs - 3 - WARD 1 Beginning at Randolph Road (State Route 10) and the northern Hopewell City Limits south to Riverside Avenue, then west along the center line of Riverside Avenue to North 21st Avenue, then south along the center line of North 21st Avenue to West Broadway, then east along the center line of West Broadway to North 16th Avenue, then south along the center line of North 16th Avenue to Atlantic Street, then west along the center line of Atlantic Street to South 17th Avenue, then southeast along the center line of South 17th Avenue to the Norfolk & Western Rail Road, then southwest along the Norfolk & Western Rail Road to the Seaboard Air line Rail Road, then southeast along the Seaboard Airline Rail Road to Winston Churchill Drive, then east along the center line of Winston Churchill Drive to LaPrade Avenue, then north and east along the center line of LaPrade Avenue to Main Street, then north along the center line of Main Street to the Norfolk & Western Rail Road, then east along the Norfolk & Western Rail Road to Randolph Road (State Route 10), then southeast along the center line of Randolph Road to the City Limits, then east and north and west along the City Limits around City Point to the point of beginning. The voting place for Ward 1 is Patrick Copeland School. EXHIBIT A -4- WARD 2 Beginning at Spring Road and the Hopewell City Limits east along the center line of Spring Road to Davis Lane, then north along the center line of Davis Lane to Court House Road, then east along the center line of Court House Road to Berry Street, then east along the center line of Berry Street to Sunnyside Avenue, then north along the center line of Sunnyside Avenue to Boston Street, then east along the center line of Boston Street to High Avenue, then north along the center line of High Avenue to Winston Churchill Drive, then east along the center line of Winston Churchill Drive to LaPrade Avenue, then north and east along the center line of LaPrade Avenue to Main Street, then along the center line of Main Street to the Norfolk & Western Rail Road to Randolph Road (State Route 10), then southeast along the center line of Randolph Road (State Route 10) to the City Limits, then follow City Limits west to the point of beginning. The voting place for Ward 2 is Carter Woodson School. -5- WARD 3 Beginning at Randolph Road (State Route 10) and the northern Hopewell City Limits south to Riverside Avenue, then west along the center line of Riverside Avenue to North 21st Avenue, then south along the center line of North 21st Avenue to West Broadway, then east along the center line of West Broadway to North 16th Avenue, then south along the center line of North 16th Avenue to Atlantic Street, then west along the center line of Atlantic Street to South 17th Avenue, then southeast along the center line of South 17th Avenue to the Norfolk & Western Rail Road, then southwest along the Norfolk & Western Rail Road to the Seaboard Air line Rail Road, then west along the Seaboard Airline Rail Road to Mesa Drive, then north along the center line of Mesa Drive to River Road, then west along the center line of River Road to the Seaboard Airline Rail Road, then north along the Seaboard Airline Rail Road to the City Limits at the Appomattox River, then east along the City Limits to the point of beginning. The voting place for Ward 3 is Dupont School. - 6 - WARD 4 Beginning at the intersection of the Norfolk & Western Rail Road and the western City Limits, then north along the Norfolk & Western Rail Road to Miles Avenue, then northwest along the center line of Miles Avenue to Oak Lane, then northeast along the center line of Oak Lane to Richmond Street, then northeast along the center line of Richmond Street to the Seaboard Airline Rail Road, then west along the Seaboard Airline Rail Road to South Mesa Drive, then north along the center line of South Mesa Drive to River Road, then west along the center line of River Road to the Seaboard Airline Rail Road, then north along the Seaboard Airline Rail Road to the City Limits at the Appomattox River, then west and south along the City Limits to the point of beginning. The voting place for Ward 4 is Hopewell High School. -7- WARD 5 Beginning at the intersection of the Norfolk & Western Rail Road and the western City Limits, then north along the Norfolk & Western Rail Road to Miles Avenue, then northwest along the center line of Miles Avenue to Oak Lane, then northeast along the center line of Oak Lane to Richmond Street, then northeast along the center line of Richmond Street to the Seaboard Airline Rail Road, then east along the Seaboard Airline Rail Road to Winston Churchill Drive, then west along the center line of Winston Churchill Drive to High Avenue, then south along the center line of High Avenue to Boston Street, then west along the center line of Boston Street to Sunnyside Avenue, then south along the center line of Sunnyside Avenue to Berry Street, then west along the center line of Berry Street to Court House Road, then west along the center line of Court House Road to Davis Lane, then south along the center line of Davis lane to Spring Road, then west along the center line of Spring Road to the City Limits, then west along the City Limits to the point of beginning. The voting place for Ward 5 is Woodlawn School. "b l\ K 0MAY 2 ; ]38l IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION REVEREND H.R. WATKINS et al. Plaintiffs, v. RICHARD W. THOMAS, et al.. Defendants. ) F I MAY 2 0 1288 C U K A , U.S. DiSrRJC? COUft' RKMMQNQ, VJI CA. NO. 87-0709-R CONSENT DECREE Plaintiffs initiated this action under the First, Thirteenth, Fourteenth and Fifteenth Amendments of the Constitution of the United States and Section 2 of the Voting Rights Act of 1965, 42 U.S.C. Section 1973, as amended, and prayed for declaratory and injunctive relief concerning the method of electing the members of the Board of Supervisors of Lunenburg County, Virginia. The plaintiffs and defendants are desirous of resolving this action and have agreed to a method to be used in future elections for the members of the Board of Supervisors. This Court has jurisdiction, of the parties and subject matter of this action, and the parties have agreed to the entry of this Consent Decree. Based upon the inherent equitable powers of this Court, the consent of the parties hereto, and the agreement entered into by the parties on file with the Court, the future members of the Board of Supervisors of Lunenburg County, Virginia, shall be elected in accordance with the provisions of this Consent Decree. Pursuant to the agreement of the parties, and without admitting any liability under the claims of the complaint, the defendants have adopted a plan for the election of members of the Board of Supervisors of Lunenburg County, Virginia, which provides plaintiffs, as black residents of Lunenburg County, and all the black voters of Lunenburg County, a greater opportunity than previously existed to elect candidates of their choice through the creation of seven single-member districts. This replaces the current system under which four members are elected from single member districts and one member is elected at-large from the entirety of the County. The plan includes the following aspects: (a) All candidates are required to reside in and be elected by the voters residing in a particular district. (b) The plan will be implemented immediately. (c) Because the implementation of this plan is dependent upon preclearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. Section 1973c, the parties have agreed to cooperate in seeking expeditious preclearance. The parties have jointly requested the issuance of this consent decree. Therefore, 2 IT IS HEREBY ORDERED, ADJUDGED and DECREED: - 1 - That the terms of the consent agreement on file with the Court are due to be implemented. - 2- The positions on the Board of Supervisors shall be filled as follows: (a) A special election shall be held on November 8, 1988 to fill Board of Supervisors positions in Districts 5 and 6. One supervisor shall be elected from each district to serve a three year term commencing on January 1, 1989 and ending December 31, 1991. The deadline for filing declarations of candidacy shall be 5:00 p.m. on August 26, 1988 ; (b) An election shall be held in November, 1989 to fill Board of Supervisors positions in Districts 1, 3, and 7. One supervisor shall be elected from each district to serve a four year term ending December 31, 1993; (c) An election shall be held in November, 1991, to fill Board of Supervisors positions in Districts 2, 4, 5, and 6 for terms ending December 31, 1995. (d) Each Supervisor now in office shall complete the term to which he/she was elected, even though this will result in an eight member Board for a short period of time. 3 -3- That the terms of this Consent Decree shall be binding upon defendants, their successors, officers, agents and servants. -4- That the defendants shall submit the relevant terms of this Consent Decree for preclearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. Section 1973c, as amended, as expeditiously as possible. -5- The defendants agree to pay plaintiffs' costs and attorney's fees. 2 0 M AY 1983 SO ORDERED, this the _______ day of __________ , 19__. Agreed and Consented to by:. Counsel for Plaintiffs Susan L. Quig-Terry Gerald T. Zerkin Counsel for Defendapt^ Russell Slayton- Carter Glass, IV © ( f O W i f : • i\'t •5 .[3 CLERK. U.S. DISTRICT COuHT RICHMOND. VA 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION REVEREND H.R. WATKINS et al. , ) )Plaintiffs, ) ) V. ) CA. NO. 87-0709-R )RICHARD W . THOMAS, et a l . , ) )Defendants. ) CONSENT AGREEMENT Plaintiffs initiated this action under the First, Thirteenth, Fourteenth and Fifteenth Amendments of the Constitution of the United States and Section 2 of the Voting Rights Act of 1965, 42 U.S.C. Section 1S73, as amended, and prayed for declaratory and injunctive relief concerning the method of electing the members of the Board of Supervisors of Lunenburg County, Virginia. By agreeing to the terms herein, defendants do not admit liability in the suit, but rather seek to resolve the dispute without further expensive litigation. The plaintiffs and defendants being desirous of implementing a solution to the. subject matter of this action for purposes of resolving this dispute and establishing a method to be used in the future elections for the members of the Board of Supervisors of Lunenburg County, have entered into the following agreement. - 1 - ACLU 8046448080 04/12/96 4:36PM Job 13 Page 11/16 F L _ l r I | MAY 2 01988 CLERK, U S. DISTRICT 1-. RICHMOND. VA The Court has jurisdiction of the parties and subject matter of this action, and the parties shall jointly pray Sent by: ACLU 8046448080 04/12/96 4:37PM Job 13 Page 12/16 that this agreement be implemented by Consent Decree entered by the United States District court for the Eastern District of Virginia. —2 — The Board of Supervisors of Lunenburg County shall be increased in size from five (5) members to seven (7). -3- Mexnbers of the Board of Supervisors shall be elected from single member districts. All candidates shall be a residents of the district from which they run, and shall be elected solely by the voters of that district. Each such district is particularly described and shall be as set forth in Exhibit A attached hereto and made a part hereof, and each such district shall be as drawn in Exhibit B attached hereto and made a part hereof. In the event of any inconsistencies between Exhibit A and Exhibit B, Exhibit A shall govern. -4- The pertinent demographic information for the Board of Supervisors/ districts contained in Exhibits A and B is as follows: 2 Sent by: ACLU 8046448080 04/12/96 4:37PM Job 13 Page 13/16 DISTRICT TOTAL POP. WHITE POP. [%) BLACK POP. [%] DEVIATION ONE 1733 1690 97.52 40 2.31 + 1 TWO 1784 1390 77.91 386 21.64 + 52 THREE 1672 721 43.12 949 56.76 -60 FOUR 1738 1192 68.58 542 31.19 + 6 FIVE 1721 633 36.78 1086 63.10 -11 SIX 1717 556 32.38 1160 67.56 -15 SEVEN 1759 1147 65.21 601 34.17 + 27 TOTAL 12124 7329 60.45 4764 39.29 IDEAL DISTRICT SIZE= 1732 -5- The positions on the Board of Supervisors shall be filled as follows: (a) A special election shall be held on November 8, 1988 in Districts 5 and 6. One Supervisor shall be elected from each district for a three year term commencing on January 1, 1989 and ending December 31, 1991. The deadline for filing declarations of candidacy shall be 5:00 p.m. on August 26, 1988; (b) An election shall be held in November, 1989 in Districts 1, 3, and 7. One Supervisor shall be elected from each district for a four year term ending December 3 1 , 1993 ; (c) An election shall be held in November, 1991 in Districts 2, 4, 5, and 6. One Supervisor shall be 3 Sent D y : ACLU 8046448080 04/12/96 4:38PM Joo 13 Page 14/1 elected from each district for a term ending December 31, 1995. (d) Each Supervisor now in office shall complete the term to which he/she was elected, even though this will result in an eight member Board for a short period of time. - 6 - The polling place for District 1 shall be located at the Victoria fire and rescue squad building. The polling place for District 2 shall be located at the rescue squad building in Kenbridge. The polling places for District 3 shall be located at Parham's store and McCoy Ghee's store. The polling places for District 4 shall be located at Haag's Electric store located at the intersection of Routes 40 and 626, and the Arrowhead Gun Club. The polling places for District 5 shall be located at the Peoples Community Center on Mecklenburg Avenue in Victoria and the Lunenburg County Landfill. The polling place for District 6 shall be located at the Kenbridge Primary School. The polling places for District 7 shall be located at the Meherrin Fire Department and the building which was formerly Allen's Store and is located on Route 49, just north of the corporate limits of Victoria. -7- Any vacancy on the Board of Supervisors shall be filled under the appropriate provisions of state law; any persons 4 Sent by: AC LI1 8046448080 04/12/96 4:39PM Job 13 Page 15/16 seeking to fill a vacancy on the Board shall reside within the district in which the vacancy exists. If, however, at any time between January 1, 1990 and December 31, 1991, a vacancy occurs in the seat on the Board elected at large at the 1987 general election, such vacancy shall not be filled. - 8 - Except as they conflict with provisions of this Consent Agreement, the laws of the State of Virginia shall continue to govern elections for the Board of Supervisors of Lunenburg County and the laws of the State shall continue to govern and prescribe the powers and duties of said officials. — 9 — It is understood between the parties that a different apportionment of the County may become necessary or desirable in the future because of the one person-one vote requirement and/or demographic changes within the county as indicated by the latest decennial census, and/or other reasons. Such apportionment is contemplated by this agreement, and it shall not be necessary for the defendants to seek modification of this agreement or of the consent decree, but rather it may be accomplished pursuant to applicable state and federal law. - 1 0 - The terms of this consent Agreement shall be binding upon defendants, their successors, officers, agents and servants. Sent by: ACLU 8046448080 04/12/96 4:39PM Job 13 Page 16/16 - 1 1 - The defendants shall submit the relevant terms of this Consent Agreement to the Attorney General of the United States for federal preclearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. Section 1973c, as amended. The plaintiffs agree to support the submission for preclearance by the Attorney General. - 1 2 - Defendants agree to pay plaintiffs' costs and attorneys' fees in the amount of $5,428.16. Agreed and Consented to by: Counsel for Plaintiffs Susan L. Quig-Terry Gerald T. Zeirkin Russell Slayton Carter Glass, IV 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION THOMAS M. PERSON, et al., Plaintiffs vs ) Civil Action No. 84-0270-R WILLIAM H. LIGON, etc., et al Defendants | JAN I 2 1988 CONSENT DECREE CLERK, U.S. OiSIRILl CuliKf RICHMOND. VA i 4 Plaintiffs initiated this action under the First, Thirteenth, Fourteenth and Fifteenth Amendments of the Constitution of the United States and §2 of the Voting Rights Act of 1965, 42 U.S.C. §1973, as amended, and prayed for declaratory and injunctive relief concerning the method of electing the members of the City Council of Emporia, Virginia. The plaintiffs and defendants are desirous of resolving this action and have agreed to a method to be used in future elections for the members of the city council. This Court has jurisdiction of the parties and subject matter of this action, and the parties have agreed to the entry of this Consent Decree. Based upon the inherent equitable powers of this Court, the consent of the parties hereto, and the agreement entered into by the parties on file with the Court, the future members of the City Council of Emporia, Virginia; shall be elected on the basis of and in accordance with the provisions of this Consent Decree. Pursuant to the agreement of the parties, and without admitting any liability under the claims of the complaint, the defendants have adopted a plan for the election of members of the City Council of Emporia, Virginia, which provides plaintiffs, as black residents of the City of Emporia, and all the black voters of the City of Emporia, a greater opportunity than previously existed to elect candidates of their choice through the creation of three single-member districts and two multi-member districts, and the reduction in the size of the city council from nine to eight members. This replaces the current system under which all nine council positions are elected at-large from the entirety of the city. The plan includes the following aspects: (a) All candidates are required to reside in and be elected by the voters residing in a particular district. (b) The districting plan is for the entirety of the City of Emporia, including the area approved for annexation by a state court order of December 4, 1987, said annexation became effective under Virginia law on January 1, 1988. (c) The plan will 'be implemented by the May, 1988, elections at which time all eight council positions will be up for election. (d) Because the implementation of this plan is dependent upon the preclearance of the annexation itself by the Attorney General of the United States pursuant to his authority under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. §1973c, as well as the preclearance, of this agreement, the parties have -2- agreed to cooperate in seeking expeditious preclearance of the annexation and of this agreement. The parties have further agreed upon procedures to be followed in the event that the Voting Rights Act procedures prevent the districting plan from being implemented as contemplated in the May, 1988 election. The defendants intend to request that the local legislative delegation obtain an amendment to the charter of the City of Emporia at the 1988 legislative session of the General Assembly to authorize a reduction in the size of the city council from nine to eight members and to authorize election of council members from districts. Because the parties desire the agreement to be implemented in the May, 1988 election and because a change in the method of election of a municipal government in Virginia is not ripe for submission to the Attorney General until adopted by the legislature or embodied in a consent decree, the parties have jointly requested the issuance of this consent decree. Therefore, IT IS HEREBY ORDERED, ADJUDGED and DECREED: - 1 - That the terms of the consent agreement on file with the Court are due to be implemented. - 2 - The elections for the City Council of Emporia currently scheduled for May 10, 1988, shall not be held under the at-large format. -3- - 3 - That the terms of this Consent Decree shall be binding upon defendants, their successors, officers, agents and servants. -4- That the defendants shall submit the relevant terms of this Consent Decree to the Attorney General of the United States for preclearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. §1973c, as amended, as expeditiously as possible. -5- That the matter of plaintiffs' costs and attorney’s fees is expressly reserved. SO ORDERED, this the Agreed and Consented to by: Counsel for Plaintiffs j Thomas M. Person, Elmo/Roberts, Barbara G. Mason, Daniel- D. Smith, Steve J. Eason and James Edwards Counsel for Defendants William H. Ligon, J. Henry Evans, F.T. Lee, II, George B. Ligon, Jr., Nancy B. Squire, Samuel W. Adams, III, Stuart G. Keedwell, H. Lee Townsend, Julian P. Mitchell, Julia L. Jones, Stanford L. Vassar, Frances L. Grizzard, Norris M. Dickerson and Sarah B. Harris - 4 - A P R . - I i’ 56 ;THli 12:33 T E L :523 ’21 P C O IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION THOMAS M. PERSON, at al.f ) )Plaintiffs, } ) va* ) Civil Action No. 34-0270-R WILLIAM H. LIGON, etc., et al, ) )Defendants. ) CONSENT AGREEMENT Plaintiffs initiated this action under the First, Thir teenth, Fourteenth and Fifteenth Amendments of the Constitution of the United States and §2 of the Voting Rights Act of 1965, 42 U.S.C. §1973, as amended, and prayed for declaratory and injunc tive relief concerning the method of electing the members of the City Council of Emporia, Virginia. By agreeing to the terms herein, defendants do not admit liability in the suit, but rather seek tc resolve the dispute without further expensive litigation. The plaintiffs and defendants being desirous of implementing a solution to the subject matter of this action for purposes of resolving this dispute and establishing a method to be used in the future elections for the members of the City Council of the City of Emporia, have entered into the following agreement. APR. - I T 96 :THl; 12: A C 1 U F T E L : 52 32^21 P. CO* The Court has jurisdiction of the parties and subject matter of this action, and the parties shall jointly pray that this agreement be implemented by Consent Decree entered by the United States District Court for the Eastern District of Virginia. - 2 - The City Council of Emporia shall be decreased in size from nine (9) members to eight (8). - 1 - -3- Future elections for the City Council shall be conducted on the basis of districts. Candidates for city council member shall be residents of the district for which they qualify to run, and shall be elected solely by the voters of that district. Each such district is particularly described and shall be as set forth in Exhibit A attached hereto and made a part hereof, and each such district shall be as drawn in Exhibit 3 attached hereto and made a part hereof. In the event of any inconsistencies between Exhibit A and Exhibit B, Exhibit a shall govern. The mayor of the City of Emporia shall continue to be elected at-large from the entirety of the city. - 2 - A P R . - I T 9 5 ( T H U I 12 3 3 A C L L F T E L : 5 2 3 2 " 2 1 P. 094 “4- The pert inent demographic information for the city council districts contained in Exhibits A and S is as follows: District Total Deviation White White % Minority Minority' 1 718 -2.0 156 21.7 562 78.3 2 73 8 +0.7 35 4.7 703 95.3 3 1,523 + 3.9 1,284 84.3 239 15.7 4 2,135 -2.7 1,048 86.6 287 13.4 5 748 +2.0 79 10.6 669 89.4 Totals! 5,862 6.6 2,402 58.0 2,460 42.0 -5- One council member shall be elected from each of Districts 1, 2 and 5. Three council members shall be elected from District 4 and two council members shall be elected from District 3. - 6- All eight council positions shall be filled at the next regularly scheduled municipal election in May, 1988. To the extent possible consistent with this agreement, this and future elections shall be held in accordance with Virginia law. Specifically, election shall be by plurality and the terms of council members shall be staggered. -3 - F TEL:5232"21 ? 005 At the May, 1988 election, four council members shall be elected to two year terras and four council members shall be elected to four year terms. Such terras of office shall begin on July 1, 198Q. At the municipal election next preceding the expiration of the two year terms, the persons elected to fill the expiring terms shall be elected to four year terms. Thereafter, all council members for all positions shall be elected to four year terms. A P R . - 1 1 ' 9 6 ( T H U S 1 2 : 3 4 A 0 L U -7- - 8 - At the May 1968 election, the person elected from District 2, the two persons receiving the two highest vote totals in District 4, and the person receiving the highest vote total in District 3 shall be elected to serve terms ending June 30, 1992. The persons elected in Districts 1 and 5, the person receiving the third highest vote total in District 4 and the person receiving the second highest vote total in District 3 sharl be elected to terns ending June 30, 1990. The position of mayor shall also be elected at the May, 1988 election. —9— The boundaries of the election districts shall also constitute the boundaries of the voting precincts for the City of Emporia. The polling place for Precinct l shall be located at the Greensville Rescue Squad Building. -4- ? 0 0 6A P R . - ! ! ' 9 5 ; T H i ; 1 2 : 3 4 A T E L : The polling place for Precinct 2 shall be located at the Training School. The polling place for Precinct 3 shall be located at the Municipal Building. The polling place for Precinct 4 shall be located at the Emporia Elementary School. The polling place for Precinct 5 shall be lgcated at the building behind the Chesapeake Auto Supply Company. - 1 0 - Because the above described apportionment plan includes area recently annexed to the city, and said annexation is currently under submission to the Attorney General of the United States for preclearance under Section Five of the Voting Rights Act, the parties recognize that it is possible that the annexation may not be precleared sufficiently in advance to prepare for the election called for hereunder. In the event that the preclearance process for either the annexation or this agreement would interfere with allowing residents of the annexed area to vote in the municipal election scheduled for May 10, 1988, the parties agree that the following schedule should control. A. If the annexation and this agreement are precleared by and including April 8, 1988, this agreement shall be implemented in the May 10, 198Q election, and the apportionment plan contained in Exhibits A and B shall -5- A P R . - I T 96 i THU! 1 2 35 A C L l1 F T E L : 5 2 3 2 " 2 1 F. 30 ' \ become effective. B. If either the annexation or this agreement is not precleared by and including April 8, 1988, the regularly scheduled municipal election shall not be held on May 10, 1988. C. (1) If the annexation is not precleared by and including June 1, 1988, but Exhibit C to this agreement has been precleared by that date, then the apportionment plan attached hereto as Exhibit c for the city boundaries as they existed prior to annexation shall be implemented in a special election held July 19, 1980. To the extent possible, this election shall be held utilizing the structure outlined in Paragraphs 2, 3, and 6 above. The deadline for filing notices of candidacy shall be 5s00 p.m. on June 20, 1988. Candidates shall be residents of their districts and shall be elected solely by the voters of their districts. The candidates receiving the largest number of votes in each of Districts 1, 3 and 4 shall be declared elected, and the five candidates receiving the largest number of votes in District 2 shall be declared elected. The position of mayor shall also be elected at large at the special election. The terms of office of all candidates elected at the election held pursuant to this paragraph shall commence on August 18, 1988 and shall expire upon the - 6 - A P R , - ! ! ' 9 6 ! T H U 5 1 2 3 5 A C L U F TIT! ■ JlU-l:U L ' » • P. 9 0 8 D. election of their successors in the special election called for below. (2) The boundaries of the election districts shall also constitute the boundaries of the voting precincts. The polling places for this special election shall be located as follows; Polling place for Precinct It Municipal Building; Polling place for Precinct 2; Emporia Elementary School; Polling place for Precinct 3t Training School; Polling place for Precinct 4: Department of Social Services Building. (3) It is the intent of the parties that Exhibit C shall be a contingent, interim plan, to be utilized only for one special election if necessary. If at any time between April 9, 1988 and June 1, 1988, inclusive, the annexation and this agreement become precleared, then the special election called to be held on July 19, 1988 shall implement the apportionment plan for the entirety of the city including the annexed area as outlined in Paragraphs 2 through 9 above. The position of mayor shall also be elected at large at the special election. The terms of office of all candidates elected at such election shall begin on August 18, 1988. If at any time between June 2, 1988 and July IQ, 1988, inclusive, the annexation becomes precleared, the special election called for in Paragraphs C and D above shall not be held. Instead, a special election implementing the -7- T E L 15 2 3 2 " ’2: P. 0 0 9 apportionment plan for the entirety of the city, including the annexed area, shall be held on August 30, 1988, as outlined in Paragraphs 2 through 9 above. The position of mayor shall also be elected at large at the special election. The deadline for the filing of declarations of candidacy shall be 5;DO p.m. on August 1, 1988. The terms of office of all candidates elected at such election shall begin on September 29, 1988. F. If the annexation is precleared between July 19, 1988 and September 22, 1988, inclusive, then the special election shall be held on July 19, 1988, as provided for in Paragraph C above using the apportionment plan for the Xcity boundaries as they existed prior to annexation. Thereafter, however, a special election shall be held on November 8, 1988, to implement the apportionment plan for the entirety of the city including the annexed areas, as outlined in Paragraphs 2 through 9 above. The position of mayor shall also be elected at large at the special election. The deadline for filing declarations of candidacy shall be 5:00 p.m. on August 26, 1988. The terms of office of all candidates elected, at such election shall begin on December 8, 1988. G. The terms of office of the mayor and councilmembers elected at a special election using the apportionment plan attached hereto as Exhibit C for the city boundaries as they existed prior to the annexation shall expire at the first Emporia City Council meeting held subsequent to A P R . - 1 r 9 6 ; T H U ) 1 2 : 3 6 A C L L F - 8 - APR.-i] 96 i THU I i 2 36 L U F ,'5233 P. 010 \px a special election implementing the apportionment plan for the entirety of the city including the annexed area- The terms of councilmenbers elected at a special election implementing the apportionment plan for the entirety of the city shall expire as called for in Paragraphs 7 and S above as if they had been elected at the regularly scheduled election in May, 1988, and the term of the mayor so elected shall expire June 30, 1992. H. Petitions of qualified voters filed by candidates for the May 10, 1988 election implementing the apportionment plan for the entirety of the city, including the annexed area, shall be valid for any future election held in 1988 implementing such plan, in the event the May 10, 1988 or other special election ordered hereunder are cancelled as provided above. Nothing herein shall preclude additional candidates from filing declarations of candidacy and petitions of qualified voters in the event the May 10, 1988 or latar special elections are cancelled as long as they are filed by the dates specified in Paragraphs C, E and F above for the filing of declarations of candidacy. X. It is the intent of the parties that this agreement shall control the setting of the date of the implementing election, leaving no further discretion in the setting of the date, such that the submission of this agreement includes the setting of any special election. A P R . - 1 1 ' 9 6 ! T H U I 1 2 3 ' A C L U F T E L : 5 2 3 2 " 2 1 \ P. 0 - l l - Pursuant to the requirements of state law, the secretary of the electoral board of the City of Emporia shall cause public notice to be given of the special election(a) ordered hereunder to be held May 10, 1988 or a later date. A copy of this court order shall not be published, but rather the notice shall identify the date of the election to be held and the deadlines for filing declarations of candidacy. - 12- Any vacancy on the City Council shall be filled under the appropriate provisons of state law; however, any persons seeking tc fill a vacancy on the council shall reside within the district in which the vacancy exists. -13- Except as they conflict with provisions of this Consent Agreement, the laws of the State of Virginia shall continue to govern elections for the City Council of Emporia, and the laws of the State shall continue to govern and prescribe the powers and duties of said officials. . »-14- It is understood between the parties that a different apportionment of the City Council may become necessary or desirable in the future because of the one person-one vote requirement and/or demographic changes within the city as 10 - APR. - i l ' 96(THU) 12 37 A C L l: F TEL:5232'2l P. 0 indicated by the latest decennial census, and/or other reasons. Such apportionment is contemplated by this agreement, and it shall not be necessary for the defendants to seek modification of this agreement or of the consent decree, but rather it may be accomplished pursuant to applicable state and federal law* -15- The terms of this Consent Agreement shall be binding upon defendants, their successors, officers, agents and servants. -16- The defendants shall submit the relevant terms of this Consent Agreement to the Attorney General of the United States for federal preclearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. §1973c, as amended. The plaintiffs agree to support this agreement and the submission of the annexation for preclearance by the Attorney General. - 11 - - 1 7 - The matters of plaintiffs1 costs and attorney's fees are expressly reserved. Agreed and Consented to by: i Counsel for Plaintiffs Thomas M. Person, Elmo Roberts, Barbara G. Mason, Daniel D , Smith, Steve J. Eason and James Edwards H Z ' Counsel for Defendants William H. Ligon, J. Henry Evans, F.T. Lee, II, George B. Ligon, Jr., Nancy B. Squire, Samuel W. Adams, III, Stuart G. Keedwell, H. Lee Townsend, Julian P. Mitchell, Julia L. Jones, Stanford L. Vassar, Frances L. Grizzard, Norris M. Dickerson and Sarah B. Harris y - 1 2 - Z' IN THE UNITED STATES DISTRICT COURT v . EARL HORNE, et als., Defendants. CONSENT DECREE CA-88-0865-R SL AYTO N , B A I N & C L A R Y p O BOX 580 LAWPENCCVILLE. VA 22068 Plaintiffs initiated this action under the First, Thirteenth, Fourteenth and Fifteenth Amendments of the Constitution of the United States and Section 2 of the Voting Rights Act of 1965, 42 U-S.C. Section 1973, as amended, and prayed for declaratory and injunctive relief concerning the method of electing the members of the Town Council of South Hill , Virginia. The plaintiffs and defendants are desirous of resolving this action and have agreed to a method to be used m future elections for the members of the Town Council. This Court has jurisdiction of the parties and subject matter of this action, and the parties have agreed to the entry of this Consent Decree. Based upon the inherent equitable powers of this Court, the consent of the parties hereto, and the agreement entered into by the parties on file with the Court, the future members of the - 1 ■i I 6 ( ( 11 jj :Town Council of South Hill/ Virginia, shall be elected in ;i accordance with the provisions of this Consent Decree. (j ;| Pursuant to the agreement of the parties, and without /admitting any liability under the claims of the complaint, the 11 defendants have adopted a plan for the election of members of 1 the Town Council of South Hill, Virginia, which provides plaintiffs, as black residents of South Hill, and all the black /voters of South Hill, a greater opportunity than previously , existed to elect candidates of their choice through the creation of one two-member ward and two three-member wards. This replaces the current system under which there are six Town Council members who are elected at-large without any geographical residency requirement. The plan includes the following aspects: (a) All candidates are required to reside in and be . elected by the voters residing in a particular ward. (b) The first election which will be conducted under the new plan will be the general election scheduled for November 7, 1989, and the Defendants shall forthwith commence to take all action necessary to insure that the general election on November 7, 1989, shall be conducted under the new plan. Any election held prior to the general election on November 7, 1989, whether for local, state or federal office, shall be conducted under the SLAYTON, B A I N a C L A R Y p O BOX 580 2 ( k plan in effect immediately prior to the implementation of the plan hereby ordered. (c) Because the implementation of this plan is dependent upon preclearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. Section 1973c, the parties have agreed to cooperate in seeking expeditious preclearance. The parties have jointly requested the issuance of this consent decree. Therefore, IT IS HEREBY ORDERED, ADJUDGED and DECREED: (1 ) That the terms of the consent agreement on file with the Court are due to be implemented. ( 2 ) The positions on the Town Council shall be filled as follows: (a) The first election under the new plan will be held in May of 1990. At that time two Town Councilmen will be elected from Ward I. The candidate receiving the highest number of votes will serve a four year term of office, commencing on September 1, 1990. The candidate receiving the second highest number of votes will serve a two year term of office also commencing September 1, 1990. Three Town Councilmen will be elected from S L A Y T O N . B A I N a C L A R Y 3 - P O BOX 500LAwnCN-r. VILLE. VA » ( V Ward II, each to serve a four year term of office commencing ■ September 1, 1990.. 1 p (b) In May of 1992, the Mayor will be elected by at-large!j i; vote to serve a four year term of office commencing September 1, I :I: p 1992. One Town Councilman will be elected from Ward I, to I succeed the Councilman elected in 1990 to a two year term of office. The candidate receiving the highest vote total in Ward I will serve a four year term commencing September 1, 1992. Also : in May of 1992, three Town Councilmen will be elected from Ward III, each to serve a four year term of office commencing : September 1, 1992. (3) That the Court and the parties to this litigation recognize that redistrictings and reapportionments will become necessary in the future on account of numerous reasons, including, although not limited to, any future decennial census. Such future reapportionments and redistrictings have been contemplated by all parties, and it shall not be necessary for this Court, as a part of this litigation, to approve any future reapportionments or redistrictings, or any other changes affecting voting rights of the citizens of the Town of South Hill. Instead, such reapportionments, redistrictings and other changes must be accomplished in compliance with applicable state and federal law. SLAYTON. B A I N & C L A R Y p o BOX 5 8 0 4 - \>~r- (l That the terms of this Consent Decree shall be binding upon defendants, their successors, officers, agents and |servants. j (5) That the defendants shall submit the relevant terms of this Consent Decree for preclearance under Section 5 of the 'Voting Rights Act of 1965, 42 U.S.C. Section 1973c, as amended, as expeditiously as possible. (6 ) ; (4) The defendants agree to pay plaintiffs' costs and attorneys' fees. 1 9 JUN 1989SO ORDERED, this the _____ day of __________ , 1989. Sl a y t o n , b a i n a c l a r y p O BOX 580 La w r e n c e v !l Le . v a 23868 5 - IN THE UNITED STATES DISTRICT COURT [$5 j i r“ FOR THE EASTERN DISTRICT OF VIRGINIA) | .-- '--- Richmond Division | l”3 1 1 NOV-51991 BRUNSWICK COUNTY LEAGUE FOR PROGRESS, et al., CLERK, U.S. DISTRICT COURT RICHMOND, n Plaintiffs, v. Civil Action No. 3:91CV00091 0- f f TOWN COUNCIL OF LAWRENCEVILLE, ) et al., ) )Defendants. ) CONSENT DECREE This action was initiated as a challenge to the at large method of electing the members of the Town Council of the Town of Lawrenceville, Virginia, under Section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973, and the United States Constitution. The Town Council, without admitting liability, voluntarily rescinded the at large election method and announced its intention to implement a district-based election system by a resolution unanimously adopted on April 23, 1991. The parties have advised the Court that they have now reached agreement on a new method of election, more fully described in Exhibit 1 to this Decree, which creates two multimember election districts. District 1, from which three members are to be elected, consists of a 65 percent black population. District 2, from which four members are to be elected, is composed of a majority white population. Upon joint motion of the parties, and for good cause shown, it is hereby DECREED that: lfc(j OCT 2 5 1991 util_________ CLERK, U.S. DISTRICT C o . RICHMOND. VA (1) Elections for members of the Town Council of the Town of Lawrenceville are to be conducted in accordance with the provisions of the proposed Charter amendment recited in the Resolution attached as Exhibit 1. (2) Counsel for the Town is to take the steps necessary to obtain preclearance of the new election system from the United States Department of Justice in accordance with Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973c. The preclearance submission is to include a copy of this Decree. (3) Once the preclearance process is completed, the Town is to take the steps necessary pursuant to Va. Code §§ 15.1-833— 15.1-835 to have the General Assembly enact an amendment to the Town's Charter implementing the new election system. (4) Any future change in the method of electing Lawrenceville Town Council members, including changes in boundaries, shall be accomplished in accordance with applicable federal and state law. It shall not be necessary for this Court to approve any future reapportionment, redistricting, or other change in voting plans or practices of the Town as part of this case, provided that nothing in this Decree shall preclude the initiation of a separate civil action against any change from the plans and practices to be effectuated hereunder. (5) If for some reason not now anticipated the Town is unable to implement the voting plan described in Exhibit 1, the plaintiffs may petition this Court for such additional relief as may be appropriate. 2 (6) The payment of attorney fees and costs in this action will be governed by a separate order of the Court addressed to that issue. This Decree does not embody the consent of the parties with respect to the content of such order. (7) Except as noted in paragraph 6, this Decree fully resolves all of the issues raised in this civil action. Let the clerk send a copy of this Decree to all counsel of record. IT IS SO ORDERED. Dated: N O V - 5 1991 Consented to by: Counsel for Plaintiffs Counsel for Defendants 3 RESOLUTION The purpose of this Resolution is to adopt a new method of electing the members of the Town Council of Lawrenceville. The new method of election will replace the at large election system which was rescinded by a resolution unanimously adopted by the Town Council on April 23, 1991. The Mayor and Town Council, after consultation with counsel, have determined that the interests of the citizens of Lawrenceville as a whole are best served by an election system which is district-based, which enhances the opportunity of minority residents to elect representatives of their choice, and which can be implemented in the next regular scheduled councilmanic elections, to be conducted on the first Tuesday in May, 1992. The Mayor and Town Council have concluded that the election system described in this Resolution satisfies those criteria and, in addition, that it complies with the requirements of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1971. The implementation of the new election system in May, 1992 is made possible by the gracious agreement of three incumbent members of the Town Council to resign effective August 31, 1992, even though, the terms of office to which they were elected do not expire until August 31, 1994. The voluntary resignations of these three council members make it possible to fill all seven council seats established by the new system in the May, 1992 election. In order to implement the new election system, it is necessary to amend Section 5 of the Charter of the Town of Lawrenceville by following the procedures set forth in Va. Code § 15.1-833 - § 15.1-835. In compliance with these requirements, notice of the proposed charter amendment has been published in newspapers of general circulation in the area, and a public hearing has been conducted at which citizens had an opportunity to be heard on the proposal. Now therefore, having fully complied with all applicable legal requirements, the Mayor and Council of the Town of Lawrenceville hereby resolve and direct as follows: 1. That Section 5, "Elections," of the Charter of the Town of Lawrenceville shall be amended by deleting the existing text and by substituting in its place the following language: 5. Elections. At the regular municipal election to be held on the first Tuesday in May, nineteen hundred ninety-two, a treasurer and seven council members shall be elected in the following manner. The treasurer shall be elected for a term of four years. The seven council members shall be elected from two election districts, known as Election District 1 and Election District 2. The boundaries of the two election districts shall be as enacted by the Town Council. Residents may cast votes only for council seats for the Election District in which they reside. Candidates may seek election only to council seats for the Election District in which they reside. Three members of council shall be elected from Election District 1 and four members of council shall be elected from Election District 2. The two candidates receiving the greatest number of votes in Election District 1 shall be elected to four year terms of office and the candidate receiving the third highest number of votes in Election District 1 shall be elected to a two year term of office. The two candidates receiving the greatest number of votes in Election District 2 shall be elected to four year terms of office and the candidates receiving the third and fourth highest number of votes in Election District 2 shall be elected to two year terms of office. 2 At the regular municipal election to be held on the first Tuesday in May, nineteen hundred ninety-four, and every four years thereafter, the mayor, one council member from District 1 and two council members from District 2 shall be elected for a term of four years each. At the regular municipal election to be held on the first Tuesday in May, nineteen hundred ninety-six, and every four years thereafter, the treasurer, two council members from District 1 and two council members from District 2 shall be elected for a term of four years each. The mayor, treasurer, and council members elected under this section shall enter upon the duties of their respective offices the first day of September succeeding their election. 2. That the boundary lines of the two election districts created by the charter amendment shall be as follows: Election District 1 shall consist of the territory bounded as follows: From the point where the northern Lawrenceville Town Limit meets Windsor Avenue, the line proceeds southeast along Windsor Avenue to Belt street; then southwest on Belt Street to Maple Street; then southeast and south on Maple Street to 1st Avenue; then west on 1st Avenue to Belt Street; then southwest on Belt Street to 2nd Avenue; then east on 2nd Avenue to Maple Street; then south-southwest on Maple Street to 3rd Avenue; then west on 3rd Avenue to Belt Street; then southwest on Belt Street across the railroad tracks to 4th Avenue, then east-southeast on 4th Avenue to Walnut Street; then south-southwest along Walnut Street to 5th Avenue; then west-northwest on 5th Avenue to an alley between Beach Street and Walnut Street; then south- southwest on said alley to Belt Street; then along Belt Street to Hicks Street (business Route 58); then northeast along Hicks Street to 5th Avenue; then northwest on 5th Avenue to South Street; then north- northeast on South Street to the railroad tracks; then west along the tracks to an alley between Park and High Streets if that alley intersected the tracks; then north along said alley to New Street; then west on New Street to Park Street; then north on Park Street to 3rd Avenue; then east on 3rd Avenue to the alley between Park Street and High Street; then north on said alley to 2nd Avenue; then east on 2nd Avenue to High Street; and north on High Street to Windsor Avenue. 3 From there the line continues southeast on Windsor Avenue to Church Street; then east on Church Street to Sharp Street; then south on Sharp Street to New Hicks Street; then east on New Hicks Street and Hicks Street to Main Street; then south on Main Street to Railroad Street, just south of the tracks; then east and east-northeast along Railroad Street to Minola Street; then south and east on Minola Street to Walker Street; then north on Walker Street to Railroad Street; then east on Railroad Street to its intersection with the eastern boundary of the Town of Lawrenceville; then north and west along the Town Boundary to the point of beginning. Election District 2 shall consist of the remaining territory within the corporate limits of the Town of Lawrenceville. 3. That the Town Manager and the Town Attorney, or their designated representatives, shall take all steps necessary to obtain preclearance of the new method of election pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973c. 4. That the Town Manager and the Town Attorney, or their designated representatives, in compliance with Va. Code § 15.1- 833 - § 15.1-835, shall take all steps necessary to arrange for passage of legislation by the General Assembly of Virginia to amend the Charter of the Town of Lawrenceville in the manner provided in this Resolution. 5. That the Town Manager and the Town Attorney, or their designative representatives, shall serve as liaisons with the Registrar and Electoral Board of Brunswick County and the State Board of Elections to insure that the new method of election is implemented in full compliance with state election laws. 6. That the map attached to this Resolution labeled "Map of Election Districts," which reflects the boundaries of Election 4 District 1 and Election District 2 as created by the charter amendment and as described in paragraph 2 above, shall be deemed to be an integral part of this Resolution. Unanimously adopted this 15th day of October, A Certified True Copy: Mabel if; Brewer, Clerk 1991. 5 i Plaintiffs initiated this action under the First/ |j Thirteenth, Fourteenth and Fifteenth Amendments of the | Constitution of the United States and Section 2 of the11 jj Voting Rights Act of 1965, 42 U.S.C. Section 1973, as j i '! amended, and prayed for declaratory and injunctive relief ji I concerning the method of electing the members of the Board ! of Supervisors of Mecklenburg County, Virginia. p O BOX 500 l a w b e n c e v i l l e . va \ \ o The plaintiffs and defendants are desirous of resolving this action and have agreed to a method to be used in future elections for the members of the Board of Supervisors. This Court has jurisdiction of the parties and subject matter of this action, and the parties have agreed to the entry of this Consent Decree. Based upon the inherent equitable powers of this Court, the consent of the - 1 - j parties hereto, and the agreement entered into by the | parties on file with the Court, the future members of the !! Board of Supervisors of Mecklenburg County, Virginia, shall |! be elected in accordance with the provisions of this ii j Consent Decree. | Pursuant to the agreement of the parties, and i | without admitting any liability under the claims of the I I complaint, the defendants have adopted a plan for the | election of members of the Board of Supervisors of ! Mecklenburg County, Virginia, which provides plaintiffs, as j black residents of Mecklenburg County, and all the black i voters of Mecklenburg County, a greater opportunity than previously existed to elect candidates of their choice through the creation of nine single-member districts. This i replaces the current system under which six members are |j elected from three separate two-member districts, and three ij members are elected from single-member election districts. j! !j The plan includes the following aspects. ;| (a ) All candidates are required to reside in and be l| ji elected by the voters residing in a particular district. ji j! (b) The first election which will be conducted j j under the new plan will be the general election scheduled || for November 7, 1989, and the Defendants shall forthwith ! i :iii ji - 2 - >L A Y T O N , B A I N a C L A R Y ! p O BOX 580 . J LAWRENCEVILLE. VA. 238 6 8 !' I : || ■ i < j il' IiI! ;i i j i commence to take all action necessary to insure that the general election on November 7, 1989, shall be conducted under the new plan. Any election held prior to the general election on November 7, 1989, whether for local, state or federal office, shall be conducted under the plan in effect immediately prior to the implementation of the plan hereby ordered. 11 11 |l (c) Because the implementation of this plan is dependent upon preclearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. Section 1973c, the parties have agreed to cooperate in seeking expeditious preclearance. The parties have jointly requested the issuance of this consent decree. Therefore, IT IS HEREBY ORDERED, ADJUDGED and DECREED: !! il (i) ■ i ■i That the terms of the consent agreement on file with the Court are due to be implemented. il (2) Ij : i •I That the positions on the Board of Supervisors shall be filled as follows: (a) A special election shall be held on November 7, ' I i;! J j| 1989, to fill the Board of Supervisors position in Elections ij| District Four (4) of the new plan. The candidate receiving the highest number of votes cast in that special election | shall serve for a term commencing upon his or her ;j qualification, and continuing thence to and including ;li| December 31, 1991. The deadline for filing declarations of I j |j candidacy shall be 5:00 p.m. on August 25, 1989;j iJ (b) Each Supervisor now in office shall complete :| the term to which he or she was elected, even though this will result in a ten-member Board of Supervisors until | January 1 , 1992. i i (c) An election shall be held in November of 1991 ji to fill the Board of Supervisors positions m Election ji | Districts One, Two, Three, Four, Five, Six, Seven, Eight ! ■| and Nine, which terms of office shall commence on January j i|j 1, 1992, and extend to and including December 31, 1995. !{ ! (d) The boundaries of the nine election districtsi j| j i shall be those described in Exhibit A, attached hereto. | ! (e) The voting precincts for the nine election i>• I i j districts in Mecklenburg County, and the polling places for ! | • •Ij each precinct, shall be those identified on Exhibit B, j attached hereto. j!ii ; jl SL AYTON. B A I N a CLARY 'i p O BOX 580 I LAW n E N C E V | L L E _ VA 23869 . 4 ( 3 ) That the Court and the parties to this litigation recognize that redistrictings and reapportionments will become necessary in the future on account of numerous reasons, including, although not limited to, any future decennial census. Such future reapportionments and redistrictings have been contemplated by all parties, and it shall not be necessary for this Court, as a part of this litigation, to approve any future reapportionments or redistrictings, or any other changes affecting voting rights of the citizens of Mecklenburg County. Instead, such reapportionments, redistrictings and other changes must be accomplished in compliance with applicable state and federal law. (4) That the terms of this Consent Decree shall be binding upon defendants, their successors, officers, agents and servants. (5) That the defendants shall submit the relevant terms of this Consent Decree for preclearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. Section 1973c, as SLAYTON, B A I N 8r C L A R Y 1 p O BOX 560 L A W R E N C E V I L L E . VA. 2 3 0 6 0 ; !j amended, as expeditiously as possible. ij ' ( 6 ) That the defendants shall pay plaintiffs1 costs expended and attorney's fees incurred, in the total amount of $6,750.00. LAYTON, B A I N a C L A R Y p o B O X 5 0 0 - A W n E N C E V i L L E , VA 2 3 8 6 8 Virginia Senate Marty E. W illiams (R) Senate District 1 r Stanley C. Walker (D) Senate District 6 Stephen H. Martin (R) Senate District 11 Henry L. Marsh, III (D) Senate District 16 W. Henry Maxwell (R) Senate District 2 Thomas K Sorment, Jr. (R) Senate District 3 William T. Bolling (R) Senate District 4 Edward L Schrock (R) Senate District 7 Kenneth W. Stolle (R) Senate District 8 Benjamin J. Lambert. Ill (D) Senate District 9 Walter A. Stosch (R) Senate District 12 Frederick M. Quayle (R) Senate District 13 Mark L Early (R) Senate District 14 L. Louise Lucas (D) Senate District 18 R. Edward Houck (D) Senate District 17 1 9 9 6 L e g is la t i v e G u id e / P a g e 2 Charles R. Hawkins (R) Senate District 19 Yvonne B. Miller (D) Senate District 5 Joseph B. Benedetti <R) Senate District 10 Richard J. Holland (D) Senate District 15 Virgil H. Goode. Jr. (D) Senate District 20 Virginia Senate John S. Kdwards 11)) Senate District 21 ke\in (i. Miller iRl Senate District 26 Man Margaret W hipple 11)) Senate District 31 Joseph V. ( iartlan 1 D) Senate District 36 Malf'ourd W. Trumho (R) Senate District 22 H. Russell Potts, Jr. (R) Senate District 27 Janet 1). Howell ID) Senate District 32 Warren K. B arn i R) Senate District 37 Stephen D. Newman (Ri Senate District 23 John H. Chichester iR) Senate District 28 Charles L. Waddell <1)1 Senate District 33 Jackson K. Reasor. Jr. 11)1 Senate District 38 Emmett W. Hanger Emily Couric (R) Senate District 24 (D) Senate District 25 Charles J. Colgan Patsy Ticer (D) Senate District 29 (D) Senate District 30 Madison E. Marve William C. W ampler. Jr. (D) Senate District 39 (RI Senate District 40 / W O I ( I I I l i l t ' P(ll!C a’ Jane H. Woods (R) Senate District 34 Richard L. Saslaw (D) Senate District 35 Thomas W. Moss, Jr. (D) House Disirict 88 John H. Tate (D) House District 5 W. Roscoe Reynolds (D) House District 10 Raymond R. Guest, Jr. <R) House District 15 Whittington VV. Clement (D) House District 20 Virginia Hoi sk of Delegates Terry G. Kilgore (R) House District 1 Thomas M. Jackson, Jr. (Dl House District 6 Ward L. Armstrong (D) House District 11 Clifton A. Woodrum (D) House District 16 Frank W. Wagner (R) House District 21 Clarence K. Phillips (Di House District 2 Thomas G, Baker. Jr. (R ) House District 7 James M. Shuler (D) House District 12 A. Victor Thomas (D) House District 17 A. Victor Thomas (D) House District 17 Joyce K. Crouch (R) House District 22 Jackie T. Slump (Dl House District 3 H. Morgan Griffith (R) House District 8 Robert G. Marshall (R i House District 13 R. Creigh Deeds (D) House District 18 L. Preston Bryant, Jr. (R) House District 23 Joseph P. Johnson (Dl House District 4 Allen W. Dudley (Rl House District 9 C. Richard Cranwell (Dl House District 14 Lacey F„ Putney (1) House District 19 a S. Vance Wilkins, Jr. (R) House District 24 1 9 9 6 L e g is la t i v e G u id e ! P a g e 6 Virginia House of Delegates R. Steven Landes (R) House District 25 (ilenn M. Weatherholtz (R) House District 26 Samuel A. Nixon, Jr. (R) House District 27 William J. Howell (R) House District 28 John J. Dav ies (D) House District 30 Jay Kat/.en (R) House District 31 W illiam C. Mims (R) House District 32 Joe T. May (R) House District 33 Richard L. Fisher (R) House District 35 Kenneth R. Plum (D) House District 36 Robert K. Harris (R ) House District 37 James K. O'Brien (R) House District 40 James H. Dillard. H (R) House District 41 Da\ id B. Albo (R i House District 42 Robert D. Hull (D) House District 38 Gladys B. Keating (D) House District 43 Julia A. Connallv (D) House District 48 Beverly J. Sherwood (R) House District 29 Vincent F. Callahan. Jr. (R) House District 34 Vivian E. Watts (D) House District 39 Linda T. Puller (D) House District 44 L. Karne Darner (D) House District 49 /owo /.c'c/s/wtnv (iuitlc Pdi>c 7 Virginia House of Delegates Frank D. Hargrove (R) House District 55 W. W. Bennett. Jr. (D) House District 60 John C. Watkins (R) House District 65 Dwight Clinton Jones CD) House District 70 David G. Brickley (D) House District 51 V. Earl Dickinson (D) House District 56 Frank M. Ruff (R) House District 61 M. Kirkland Cox (R) House District 66 Jean W. Cunningham (D) House District 71 John A. Rollison (R ) House District 52 Mitchell Van Yahres (D) House District 57 Riley E. Ingram (R) House District 62 Roger J. McClure (R) House District 67 John S. Reid (R) House District 72 James M. Scott (D) House District 53 Peter T. Way < R ) House District 58 Anne G. Rhodes (R) House District 68 Eric I. Cantor (R) House District 73 Robert D. Orrock (R ) House District 54 Watkins M. Abbitt. Jr. (D) House District 59 William K. Barlow (D) House District 64 Franklin P. Hall {DI House District 69 Donald McEachin (D) House District 74 1 9 9 6 L e g is la t i v e G u id e i P a g e 8 Virginia House of Delegates J. Paul Council!. Jr. Robert E. Nelms (Dl House District 75 (R) House District 76 Kenneth R Melvin Glenn R. Croshaw (D) House District 80 (D) House District 81 Robert Tata (R) House District 85 George H. Heilig (D) House District 86 I. Vincent Behm. ,Ir. Vlary T. Christian (D) House District 91 (Dl House District 92 Shirley F. Cooper George \V. Grayson (Dl House District 96 (Dl House District 97 Lionel! Spruill (D) House District 77 Harry R. Purkey (R) House District 82 Thelma Sawyers Drake (Rl House District 87 Phillip A. Hamilton (Rl House District 93 Harvey B. Morgan (Rl House District 98 J. Randy Forbes (Ri House District 78 Leo C. Waldrup (R) House District 83 Jerrauld C. Jones (D) House District 89 Alan A. Diamonstein (D) House District 94 W. Tayloe Murphy, Jr. (D) House District 99 William S. Moore, Jr. (D) House District 79 Robert F. McDonnell (R) House District 84 William P. Robinson. Jr. (D) House District 90 Flora D. Crittenden (D) House District 95 Robert S. Bloxom (R) House District 100 199ft Lc^i\him i (iitnlc A /ge 9 OeC 5 09.33124/1994, TOTAL RELATIVE ABSOLUTSDISTRICT POf 17LAT 108OBVIATION* Deviation 1 42 331 0 74 460I 44 3 H 1 II 24G93 4414ft 3 64 22(6 i 44 113 3-41 24395 43413 2.49 15416 41 996 0- 20 1227 4120* -1.08 -6(08 40039 -2.97 -19359 41894 0.01 2210 40787 -1.76 -1087It 43837 3 20 19*912 41233 -1 04 -641U 43213 2.1* 1139II 59392 -3.69 -229213 44951 4.97 307716 41592 -0.47 -29217 42149 0.48 29518 42631 1,22 13719 42626 122 75220 43132 2.07 1278n 44444 1.16 237222 44583 4.38 270923 61378 -0.80 -4962* *4110 4.10 251623 61384 -O 47 -29026 63969 3.22 194327 44 430 4.16 257*28 *12 34 -1.03 -63829 44 699 4.57 282530 44 3 79 4.05 250531 42910 1.67 103432 41162 -0-03 -51233 $9*42 -3.20 -203231 (1214 -1.07 -660J3 *1272 -0.97 -6023* 64582 4.30 2104 3 7 63394 2.46 152038 *2tSZ 1.40 91039 60901 -1.57 -97 J40 60632 -2-01 -124241 S108J -1.20 -79142 42646 1.25 77243 62790 1.44 92444 *1632 -0.39 -24243 59444 -3.93 -24304 $ 40002 -1.73 -107247 61807 -0.11 -67 STRICT POtUI-ATIOfl M IA 19S IS f o r f l a n IIOSBI 750 r o t io g m e m id i o t a i . p o p u l a t io n by tm e t •niTE * SLACK 6 OTHSF. 9 61548 9* . 74 609 0.99 Ill 0.286)186 98.22 927 1.44 771 0.34(1643 94.2) t45 0.2) 351 0.5567321 96.90 174 3 I. 71 747 0.18(11)5 94.40 2008 3 17 712 0 4339801 96.44 ion? 3.07 7*0 0.113759* 94.11 3101 5.07 SOI 0.8337*59 9 6.31 1672 2.7fl 100 0.8333428 84.33 8233 13.33 713 0.3551196 84.71 933* 15.3- 263 0.13499*2 7* .0# 1497* 23.46 297 0.4755**1 90,90 7543 4.15 3029 4.9356(78 99.(4 4235 6. 73 2200 3.6137*93 97.15 1593 2.34 301 0.319)271 97.41 1289 1.98 m 0.6045*27 14.40 14963 24.30 800 3.30521)6 81 8( 9331 15.04 602 1.1050126 92.91 1129 *.39 376 0 - 60541(6 90.20 5839 9.32 301 0.184093* 64.87 21778 34.49 436 0*9487*3 75.11 10322 18.02 9331 0.2754523 04-42 *537 14.T7 «?7 o.ai42761 *9.47 18070 29.44 547 0.0956679 89 DO 7247 11.23 484 0.7558309 94.68 2813 4.51 462 0.75COMO 95.01 2238 3.50 *31 1.4951469 19.86 10002 1*. 76 2174 3.3855546 90.71 4301 7.03 1306 2.2661111 94.46 2*48 4.36 634 0.0833431 83.17 *799 13.2? 449 1.01S5443 81.43 *235 *.94 112 1.1353422 *7.88 4337 7-113 1083 5 0254231) 90.42 4033 6. 74 1577 2 . €*52 JOS 83.45 2811 4.59 6095 9.9633708 87.6* 2033 3.32 3529 9.02344(2 84.33 3765 0-93 4)55 6.7153274 84 -04 2017 4 .44 7 303 11.5247341 75.48 3 776 6.01 11(23 18.5148960 80.39 394 4 *. 40 7997 13.1353253 87 83 2 337 4.22 4420 7 .9331516 84.34 2710 4.44 6937 11.2345403 72.48 10467 16 71 6774 10.814 9021 78.C* 1121 11.34 6656 10.60440*’ 71 49 12039 14.31 3310 8.9441532 69.81 13*88 23.53 3*24 6 *04 3061 70. *2 11210 18-41 *932 10.714*209 74.76 5289 8.56 10 309 16.<8 SOURCE* 0 * DEPAPrMKKT O r catW KOCE, BUREAU OR THE CSMS'JS P .L . 9 4 - J 7 1 DATA CHAPTER 4, 1994 ACTS OF ASSEMBLY, SPECIAL SESSION II HOUSE DISTRICTS - ADJUSTMENTS PLAN NO. H0881750 - EFFECTIVE 1/1/95 X POP WRITE 6 BLACK % Of HR* 5 41017 <6101 90 8 7 426 0.91 107 0 2 147142 4 6670 »e 29 fch5 1.40 147 Oil46933 4 6)03 »« 17 8 3 0.10 1*7 0 3680109 48(11 97.05 129 > 2.54 1*1 0.3640436 458(2 16.65 1440 2.9/ 184 0.3448023 46191 4*. 6(1 142 5 2.97 20? 0.434*273 4 64 35 94 3 7 2146 4 )7 424 0.8«4*71* 4 3034 46.45 1316 2 32 343 0.734)336 4 1456 0 7.21 5134 12.18 146 0.314(612 3974C *3.30 (672 14.31 ieo 0.394919B 38341 •'7.81 10759 21 . ) 4 1*6 0.4031034 4*3)1 90 8* 2C39 4.30 7621 5. 1444122 3971) 90 06 7*59 ( (8 1520 3.4443(4* 41406 4) 28 1040 7.30 1*7 0 4349(05 49184 47.54 958 1 .13 263 0.5348189 37272 ) 6.39 109*8 27.(9 344 1.1 318019 41460 «( .14 *134 17.7) 425 C-8949334 45704 42.64 3355 * .60 273 0.564*703 43(61 40.39 4 334 8.99 202 0 421*474 33238 68.58 14947 30.*3 2*4 03943*09 34123 ) 7.71 6302 14.33 3184 7.9349823 42745 43.79 *70) 13.16 372 0.7547242 34202 72.57 17304 26.5* 3*6 0.0449344 41400 *9 .41 5104 10.73 363 0.7147130 447*3 45.02 2042 4.33 305 0.6550069 40398 95.14 1701 3.51 684 1 3446370 30200 *2.03 4975 14.9* 13*5 3.0043093 39135 40 82 3043 7.07 913 2.124R571 46012 44.83 704)4 4.30 423 0.B747053 40481 84.60 (910 14.44 458 0.9646372 41273 *4.00 4621 4.91 4 78 1.0343581 3030* 8*. 36 2*74 6.*2 2101 4.024 3*21 3*782 90.38 3000 1.01 1059 2.4141785 38(00 86.21 1914 4.27 42(3 9.3241532 42122 8*. 62 150* 3-17 3901 8.2 i47*27 40911 *5.70 J811 R .00 2999 6.3049 350 41*30 *4.9* 2185 4.13 3233 10. f%19920 30804 77.73 2153 5.31 8.363 i t . ' * S49484 39714 81.90 2*03 5-94 3872 42-i.i4 3004 30009 88.38 1715 3.99 3280 7.6342334 339*7 84.76 1796 4.24 4633 ii.oo47*17 34200 71.82 *63* 18-14 4791 10.0449478 39134 80.31 4895 9.** 4849 9.8046045 34940 14.39 9102 17.30 3003 8.1219*01 3*103 72.93 10434 21.04 2984 (.0252010 30)03 7 3 64 0691 16.71 5017 9.6330640 3*075 77. 1« 3902 7.71 766.1 15.13 r»« l 48 «1M< 0 14 no 51971 6 J 60 38 78 *26 6383 10 14 53369 4S090 84.42 3310 9 20 SCO 9 4 . 3849■ f. 60*99 -1.34 -975 42270 69. 33 9*76 16.22 8803 14.4* 52010 37451 72.01 77 50 14 90 9€C' 13.09“U 514H 2.55 1575 54933 64.4: 3458 6.60 3136 4.97 4 541* 39604 fl 1 20 3679 7 - 94 ?l£3 4 ■ 0151 Hill -0.39 ■24 J 40511 78. 71 9112 15.27 3708 t. 07 41547 13081 79 *2 5981 14 10 2409 5.905? *3 08 4 0 .34 210 48458 78.6* 9112 15.03 3794 6.11 4 3359 J46 70 79 .4* 6120 11.11 2564 3 9253 434 16 2.49 154Z 31742 81.39 2991 4.72 8683 13.69 51264 4277 ) 83.14 2198 4-21 934 7 12.3754 4C04C -2.96 -1834 51076 83.07 7783 12.96 1182 1 .97 44039 37714 93.64 I486 12 16 0 39 1-9155 €3304 7.31 1432 56440 89.15 4405 10.12 461 0.73 47499 42522 89.52 4644 9.19 329 0.9959 43 JOT 2.32 1433 49009 73.92 14794 23.38 106 0.80 47072 35740 75 93 109 )) 23 31 359 0,57 *3394) 2.77 1716 502 79 79.07 10826 17.02 2485 3.91 52313 42336 90.97 1859 15. C? 2C99 4.0158 4 3799 1.11 1925 5774* 90.55 3396 • - 46 632 0.99 47 737 43306 90.72 4012 9.40 419 0.8839 61072 -1 - J« -852 42036 *9.89 1*630 W 53 35* 0.58 46782 330*9 70.99 13499 29. 19 243 0.32feQ 6 2139 0.33 241 3*524 <3.*3 22333 33.9* 25* 0.41 46916 30954 65.98 13179 33.6) 103 0.19Cl 6)0.18 -1.38 -856 37055 60.73 21704 36.85 253 0.42 46456 29242 62 95 17031 39. 69 103 0.3492 63344 7 .38 1472 42310 *«. 79 1*887 31.39 1149 1.81 47059 3195* *7.91 14181 30.59 722 1 -53Cl 59910 '3.1? -1964 2333T 38.95 35870 59.87 703 1.17 4 5769 18903 41. JO 29351 53.51 515 1.1384 S373J J-00 1839 43007 <7.48 11859 39.59 1807 2.93 46454 31B69 68.60 13347 29 13 1230 2.9785 *4364 4.03 2492 58103 90.27 4 956 7.70 1307 2.03 44500 40383 90.73 3275 7.39 •42 1 .1968 *4**1 4.34 2807 384 *4 90. 39 4857 7.51 1360 2.10 47005 43931 91.33 3157 € 12 916 1 956? 5**20 '3.64 -2254 31900 87.03 2844 4.77 4876 8.18 43122 37840 87.75 1913 1.14 3369 7.0188 <4*16 4.43 7742 sno* 89. 38 *033 9.34 1475 2.28 548*5 49103 89.50 4*7* 9.52 1086 19869 *2603 1.1* 729 2 3389 37.3* 37994 *0.69 1220 1.95 48014 20 709 43.13 26427 55.04 • 78 1.05*10 590 39 -4-58 -2835 22819 38.63 33(3* *0.3* 595 0.99 4 2953 1863) 4 3.38 23998 55.94 421 13 99H *0034 -3.02 -1870 23550 39.25 354*9 39.16 935 1.59 50275 21623 43.01 27*3* 35.37 • 16 1 9272 *3645 2 .86 1771 59466 93.43 7572 *04 1607 2.52 46231 43760 93.79 1889 1 . 41 1004 7 3073 6483J 4.71 2939 57937 69.21 46*2 > 32 7314 3.57 50950 4394 1 90.17 3648 1.17 1593 1.0?74 63741 2.29 1419 24195 38.23 37814 59.84 1224 1.93 47308 19811 41.9* 2*5)3 54.04 474 1 4573 54974 -4 .69 - 2 9 no 2493 J 42.2* 33*21 57.35 220 8,37 4424* 19181 4 4 25 24508 55.79 151 0.3516 546 39 -3.61 -2236 44666 74.90 14333 24.02 *49 1.09 4 3815 3 3206 73.7» lot* J 23.20 44* 3 .0?77 63561 2.73 1661 25632 40.33 37141 58.43 7*8 : .24 44 | 71 19023 4 3.07 14 600 55.9? 5 4 B 1.2478 54374 -4 .04 -2500 50999 85.*9 72*6 12.24 1109 1.87 42859 36967 • (.01 S2JO 1 2 . 7 0 141 l . 7979 54708 -4 31 •7464 41290 69.72 16330 27.92 1)48 2 36 4 3212 31600 71.13 10952 2 4 . 4 3 460 2 .2160 99024 -4 .41 -2910 21663 37.04 3*321 «i as 636 1.08 42881 U2S4 40.24 25171 59.71 448 1 .0491 59127 -4 .44 -2747 49143 81 76 9931 15.10 1853 3.13 42702 353 6 9 92.93 <829 14.12 1304 3-0592 *0094 -2.88 -1760 35932 93.0’ 28H 4.79 1291 211 465*1 43593 93.59 2018 4 49 910 l 9593 <4535 4.30 2461 4 9400 7*. 35 12124 19.10 2811 4.3* 48136 1767) 79 26 • 688 17 9) 197$ 4.1394 54*93 -3.20 -1979 4*335 17. TO 95*3 13.9? 3 766 6.34 41493 328 1 3 79.09 61917 H .09 75C0 9-0395 *3134 2.77 1684 313*2 61.13 6091 9 58 1905 1 29 44622 367 31 82.32 481* 9 00 3871 8.9966 59173 -4.3* -2654 42247 71.39 13313 22.5C 3*15 6.11 4 95*2 35804 72.24 10959 21.91 2899 3.8597 54*51 -4.89 -3023 44323 73.65 11143 18.93 3185 5.41 44123 3442* 78 03 7347 16.75 ?M) 5.2299 54434 -4 .01 -3036 42703 72.39 13017 23.48 2310 3.93 4 73*1 35435 74.82 10131 21.34 1795 3.7999 *0014 -3 00 -1638 20037 33.42 38233 *3.74 1706 2.8* 42*11 13634 16.51 26021 SC 99 HOC 2.0090 5*934 -4.75 -2936 23840 40.45 33*11 57.1C 1445 2.45 42979 184 93 43.03 23661 54.90 1021 2 3991 39449 -3.92 -2423 41235 7 9.45 10338 17.39 1816 1.1* 44181 3 5584 80.54 7)03 19.37 1292 2 4292 3*009 -4.63 -2663 19891 3 3.71 3781* 61 09 1302 2 21 4 4154 15889 35.86 27749 4 2 . 2 9 417 2.0993 60309 -2.21 -1363 9*7 74 77.31 11053 16.27 2617 6.42 441(30 31010 79.24 7290 14.50 1080 4.2094 59150 -4.40 -2724 43461 76.86 11219 18.97 2410 4 . 19 44094 31099 79.*0 7791 16.54 1704 3 0693 5994* -J 08 -1893 23*73 39.48 313 Jl 58.92 963 1.61 433)1 18520 42. 73 24155 35.71 96? 1.3396 62816 1.52 942 11742 76.00 134 1 3 21.1! 1661 7 <4 4 4503 34146 76.13 928S 20.06 10 11 2 4197 63142 2-76 1706 51*51 81.24 10*2* 1* .72 1300 2.04 4 9817 41021 82.34 7912 15 99 494 1.9699 62442 0.95 596 46493 77.64 13254 21 -23 715 1 .14 47122 36781 78.06 912* 20.0* 511 1 C999 59871 -1 11 -2049 41803 69.88 17537 29.31 493 0.91 4 5880 3304 7 72 03 12485 27 21 340 0.76 1 0 0 59813 -4 - 95 -3061 31334 66.91 18953 37.2! 506 O S * 4 4*67 3)201 *9 81 13119 79.31 318 0 79 D t 6147338 4791739 7 7.11 11*2994 I t -HC 732625 3 .7* 46*2*20 3*93417 18 07 873290 11.58 195430 3.54 DURCC. U S . D FrA RTM W T OT CO f«1S*C B , DOPOW O f ? 8 E CENSUS P . L . 44 l ^ j DATA M'/f ? T h u O ut: « 1 2 : 3 0 : 2 4 1 9 9 4 M STRICT POPULATION AMAL3S13 for H asVOTTNrt Riff; AND TOTAL t>Ot*7l,ATIO*l 87 TOTAL RELATIVE ABSOLUTEDISTRICT pomlattop 0CVIATI01I* DEVIATION 1 15(280 1 .03 159* 2 147583 -4.59 -7101J 151413 2.41 37294 159406 3.05 47325 148570 -3.93 “(1146 154738 0.03 547 154(57 -0.02 -278 157394 1.75 27109 147609 -4 57 -707510 15094* - 2 . *2 -37 3*11 152271 -1.56 -241112 151227 -2.23 -343713 147387 -4.59 -709714 154452 3.0* 47(815 13071( -2.57 -3968l« 148027 -4.30 - 6 6 3 ?1 7 152374 -1 49 -231018 1(12*6 4.27 6*0219 152157 -t (3 -25272C 154904 0 14 2 2 021 15*075 0 <70 1391 2 2 15(44? t .14 175821 150482 -2.72 - 4 2 0 224 15649< I . 1? 181525 15084! -2.4* -18 3924 157376 1.73 2692 2 7 1 3 7 * 2 5 1 <)0 294128 K07IC 3,90 <02*29 157203 1 .63 251930 155393 U.4( 709 U 155313 0 41 (2912 193380 1 74 269611 15(89* 1.41 221234 15(529 1.14 184535 154927 0.1* 24336 159091 2.85 4107T7 155749 3.(9 106538 151770 -1.88 -291439 155933 3.71 114740 159(23 3 .19 4939 otal (187358 WHITE % BLACK A OTHBR 12*146 82.01 2JJ4.0 14.91 474460093 40.72 82015 56.18 4575118704 74.43 35704 22.54 4005124917 78.36 32850 70.61 1*3952806 35.54 92752 62.16 3412113393 73.28 32755 21.17 839012*464 81.77 20052 12.97 9141131523 81.56 302*9 12.8* 380251380 31.81 9408? 61.34 2147133137 88.20 14952 9.91 283S12**42 84.48 20104 13.20 3525131613 87.03 14934 9.88 46*0106928 72.45 37647 25.51 301212685* 79.56 23336 14.64 92(097746 64.85 523 58 34.(1 91235825 37.71 89552 60. 50 2(50118512 77.78 32042 21.03 182063311 39.25 969*1 60.12 101411023? 72.45 41144 27 .04 781129295 83.47 24913 16.08 693129318 82.86 244(2 15.99 1795147998 94 . tO 7394 4.7 3 10301209>9 80.34 28735 18.7* 126*146459 93.5* 9121 5.83 914126424 87.81 21091 13 98 m e143297 91.05 1 202 3 7 (4 2036148700 94 OB 7*37 4.97 liesJ 2 900 3 80 32 2(45! 16 4* 5172173014 84 .61 15811 10.70 7372110769 71.0! 3 >« ic 19.07 15384118971 76.(0 15141 10.39 2133 01138901 88.26 32(1 3 . 36 HIM134809 85-92 122(9 7.83 9799130257 76.83 1037 3 6.(3 25899130953 84 5) 6515 4.71 17459115010 72.29 27578 17 3 3 16501136435 87 (0 *250 5.30 1-0(4148084 97 37 3000 1.98 (9614717* 94-45 5200 3.34 344715612* 9 7 94 271 J 1.10 382 4791771 77-44 11(2994 18.80 232625 SOOPC*i u s . P E P A T tM C N T or COMMENCE, 6 U RPAO O f THE CCH3US F.l 9 4-l?l CAtA CHAPTER 4,1994 ACTS OF ASSEMBLY, SPECIAL SESSION II SENATE DISTRICTS - ADJUSTMENTS PLAN NO. S0882750 - EFFECTIVE 171/9527S41 VOTTtro4 AOP! TOP WHITE * BLACK * OTHER % ; . 74 116113 96783 83.35 16092 13-86 32 38 2 .791.13 107527 4645* 43.2C 57916 53.86 3155 2.933-53 119217 91721 76.52 24759 20.16 2151 2 . 3 1..03 119564 942 54 78 83 24124 20.18 1 186 0 . 9 9;.jo 108734 42619 39.21 *3590 58.40 2505 2.305.55 122178 93 706 75.0* 239*3 19.(1 6939 5.335.26 114103 95025 83 28 134 72 11.81 5606 4.913.36 114*93 97575 84 .85 13488 11.13 3930 3.421.45 1137(1 44*63 39.08 (7676 59.49 1622 1 .431.89 117841 104865 89.99 10928 9.27 2048 1.142.31 109139 93475 85.65 13417 12.24 2247 2 .06 3 .09 117*70 303211 87 .86 11074 9.43 3185 2.112 .04 109953 81939 ? 1 52 23873 23.53 2139 1.955.81 110558 89014 80.51 15642 14.21 3902 5.340.54 11435* 76390 66.68 3TS93 32.82 513 0.501 .79 109928 44435 40.42 (3589 37.85 3904 1.731.19 112(97 88125 18.20 23290 20.67 1282 1.1*0.63 117499 49 364 42.01 (7418 57.19 117 0. 610.51 116035 8(76? 14.78 28 ISO 2418 518 0.450.45 119516 201271 84.73 177*4 14 88 4(3 0.391.15 121729 102*99 84-61 17 5*7 14.43 117 3 0.960.67 123191 16714 94 - 74 5700 4.(3 777 0.630.84 115781 94895 81 .46 19951 11.23 935 0.810.59 120921 113395 43 . ?8 6874 3.68 (52 0.5*7.21 117141 99722 84.70 15 3*3 13.05 2(58 2.261 .31 119913 1045*4 91.34 *404 1.41 1425 1 . 190.94 11*018 112271 94.33 57 37 4.82 1010 0.853.22 11*253 94415 *1 24 18 JOB 15.74 3510 3.024 . 69 1097 77 91 774 05.42 109(1 9.19 50 39 4.59* 90 1108*2 *66(4 13.87 22432 11.16 11146 *.9813.31 111525 103254 7*.51 121 I I 9 11 15494 11.78(.38 121061 107947 09.17 38*2 3.14 9252 7.64(.25 1133*9 9*383 86.53 8306 7.44 <700 (.01If . 55 125930 99271 78.8 1 7723 4.13 18936 15.0411.2 7 111158 96516 85.35 4390 1 88 1219? 10.771C.37 122991 91051 74 03 20233 16.45 11701 9.527.10 131237 *81(0 BB .24 5581 4.95 7 5(( ( .80C. 45 11388? 111290 91 12 2197 l 93 400 0.352 21 124204 111250 94.40 4042 3.25 2912 2-3411.36 120(08 1182(9 98.0* 1949 1.62 390 0.32 3-76 4*62620 3693412 78.87 *23250 17 58 1*5958 3.34 IAUC 1 C H A P T E R 983 O F T H E 1993 A C T S O F A S S E M B L Y C O N G R E S S I O N A L D I S T RI C TS - 1993 A D J U S T M E N T S W e d M a r 1 0 0 7 : 2 3 : 5 1 1 9 9 3 D I S T R I C T P O P U L A T I O N A N A L Y S I S f o r P l a n C 0 8 3 0 4 5 2 P L A N N O . C0830452 E F F E C T I V E 7/1/93 V O T I N G A G E A N D T O T A L P O P U L A T I O N B Y R A C E T O T A L R E L A T I V E A B S O L U T E V O T I N G D I S T R I C T P O P U L A T I O N D E V I A T I O N % D E V I A T I O N W H I T E t B L A C K % O T H E R % A G E P O P W H I T E % B L A C K % O T H E R 3 1 5 6 2 7 5 7 0 . 0 5 2 7 0 4 5 2 3 7 8 8 0 . 3 9 9 9 2 0 8 1 7 . 6 3 1 1 1 7 1 1 . 9 9 4 2 0 2 1 8 3 4 2 4 6 6 8 1 . 5 0 6 9 9 6 1 1 6 . 6 5 7 7 9 1 1 . 8 5 2 5 6 2 2 7 6 - 0 . 0 4 - 2 1 1 4 3 9 2 8 2 7 8 . 1 3 9 3 4 5 4 1 6 . 6 2 2 9 5 4 0 5 . 2 5 4 1 9 2 3 1 3 3 3 5 2 7 7 9 . 5 6 6 4 9 4 5 1 5 . 4 9 2 0 7 5 9 4 . 9 5 3 5 6 2 3 5 1 - 0 . 0 2 - 1 3 6 1 8 8 2 3 0 3 3 . 4 7 3 6 1 9 9 4 6 4 . 3 7 1 2 1 2 7 2 . 1 6 4 1 2 9 1 7 1 5 0 0 2 8 3 6 . 3 3 2 5 4 3 4 5 6 1 . 6 0 8 5 4 4 2 . 0 7 4 5 6 2 4 6 6 0 . 0 0 - 2 1 3 7 2 2 6 3 6 6 . 1 8 1 8 0 4 7 9 3 2 . 0 9 9 7 2 4 1 . 7 3 4 1 5 0 0 2 2 8 1 1 4 1 6 7 . 7 4 1 2 7 2 4 3 3 0 . 6 6 6 6 1 8 1 . 5 9 5 5 6 2 2 6 8 - 0 . 0 4 - 2 1 9 4 1 8 1 7 1 7 4 . 3 7 1 3 9 3 4 4 2 4 . 7 8 4 7 5 3 0 . 8 5 4 3 3 1 9 2 3 3 0 4 0 2 7 6 . 2 7 9 9 1 7 0 2 2 . 8 9 3 6 2 0 0 . 8 4 6 5 6 2 5 7 2 0 . 0 2 8 5 4 9 2 5 9 4 8 7 . 5 6 6 4 6 4 3 1 1 . 4 9 5 3 3 5 0 . 9 5 4 3 7 9 2 0 3 8 7 7 1 3 8 8 . 5 4 4 6 5 0 1 1 0 . 6 2 3 7 0 6 0 . 8 5 7 5 6 2 6 4 3 0 . 0 3 1 5 6 4 9 4 0 4 7 8 7 . 8 1 5 6 2 8 3 1 0 . 0 0 1 2 3 1 3 2 . 1 9 4 2 4 8 8 2 3 7 6 7 3 6 8 8 . 6 7 3 9 7 6 0 9 . 3 6 8 3 8 6 1 . 9 7 8 5 6 2 4 8 4 0 . 0 0 - 3 4 2 7 3 0 8 7 5 . 9 7 7 5 1 2 8 1 3 . 3 6 6 0 0 4 8 1 0 . 6 8 4 5 3 5 3 3 3 5 2 5 9 2 7 7 . 7 4 5 6 5 6 1 1 2 . 4 7 4 4 3 8 0 9 . 7 9 9 5 6 2 3 8 0 - 0 . 0 2 - 1 0 7 5 4 3 1 0 3 9 6 . 5 7 1 3 9 4 8 2 . 4 8 5 3 2 9 0 . 9 5 4 3 3 9 7 0 4 1 9 2 8 6 9 6 . 6 2 1 0 4 8 3 2 . 4 2 4 2 0 1 0 . 9 7 1 0 5 6 2 6 6 4 0 . 0 3 1 7 7 5 1 0 2 9 6 9 0 . 6 9 3 2 4 7 6 5 . 7 7 1 9 8 9 2 3 . 5 4 4 1 1 8 2 2 3 7 5 2 1 4 9 1 . 1 1 2 2 9 3 0 5 . 5 7 1 3 6 7 8 3 . 3 2 1 1 5 6 2 4 9 7 0 . 0 0 1 0 4 5 4 0 6 7 8 0 . 7 2 4 6 0 3 7 8 . 1 8 6 2 3 9 3 1 1 . 0 9 4 1 9 9 3 3 3 4 4 3 0 7 8 1 . 9 9 3 1 3 5 1 7 . 4 7 4 4 2 7 5 1 0 . 5 4 Total 6 1 8 7 3 5 8 4 7 9 1 7 3 9 7 7 . 4 4 1 1 6 2 9 9 4 1 8 . 8 0 2 3 2 6 2 5 3 . 7 6 4 6 8 2 6 2 0 3 6 9 3 4 x 2 7 8 . 8 7 8 2 3 2 5 0 1 7 . 5 8 1 6 5 9 5 8 3 . 5 4 I S O U R C E : U . S . D E P A R T M E N T O F C O M M E R C E , B U R E A U O F ' J H E C E N S U S P . L . 9 4 - 1 7 1 D A T A PAGE 1 Virginia 1994 Vital Statistics Annual Report Center For Health Statistics Virginia Department Of Health Richmond, Virginia December, 1995 Attendant at Birth. The percentage of resident births occurring in hospitals in 1994 was 99.4, as was true for 1993. In 1994, for white births, the percentage in hospitals was 99.3; for black births, the percentage was 99.5, while it was 99.7 for births to other races. An additional 164 births were attended by physicians out of the hospital. For white, black, and other races births, the numbers attended by midwives or others were 382, 22, and 2. Low Weight Births. During 1994, low weight births (weighed 2,500 grams or less at birth regardless of gestation) accounted for 7,131, or 7.6 percent, of total live births. Blacks exhibited a much higher percentage of low weight births, 12.6 percent, than whites (6.0 percent) and other races (6.9 percent). PERCENT LOW WEIGHT OF RESIDENT BIRTHS BY RACE VIRGINIA, 1990-1994 Low Weight Births Percent of Resident Births Year Total White Black Other Total White Black Other 1990 72241 4,076 2,988 177 7.3 5.7 12.5 5.7 1991 7,098 3,973 2,957 168 7.3 5.7 12.5 5.3 1992 7.224 3,987 3,028 209 7.5 5.7 12.8 6.2 1993 6,957 3,826 2,8% 235 7.4 5.7 12.6 6.9 1994 7,131 4,106 2,780 245 7.6 6.0 12.6 6.9 NUMBER AND PERCENT OF BIRTHS ACCORDING TO WEIGHT GROUP BY RACE, VIRGINIA, 1994 Total White Black Other Birth Weight Number Percent Number Percent Number Percent Number Percent Total 94,355 100.0 68,678 100.0 22,103 100.0 3374 100.0 Low Weight 7.131 7.6 4,106 6.0 2,780 12.6 245 6.9 < 501 grams 190 0.2 79 0.1 110 0.5 1 0.0 501-1500 grams 12256 1.3 660 1.0 567 2.6 29 0.8 1501-2500 grams 5,685 6.0 3,367 4.9 2,103 9.5 215 6.0 Full Weight 87,104 92.3 64,500 93.9 19,284 87.2 3320 92.9 2501-3500 grams 49371 52.3 33,846 49.3 13362 60.5 2,163 60.5 3501-4500 grams 36,119 38.3 29347 42.6 5,749 26.0 1,123 31.4 > 4500 grams 1,614 1.7 1,407 2.0 173 0.8 34 1.0 Unknown 120 0.1 72 0.1 39 0.2 9 0.3 The percentage of total births that were low weight was highest at birth order 7+. Birth order 7+ had the highest percentage of low weight deliveries for white and black mothers; for other races mothers, the percentage was the highest for birth order 4. At all birth orders, the reladve frequency of low weight births was significantly higher among black than among white and other races mothers. PERCENT LOW WEIGHT OF TOTAL BIRTHS BY BIRTH ORDER BY RACE, VIRGINIA, 1994 Birth Order Race Total 1 2 3 4 5 6 7 + Total 7.6 7.9 6.4 7.3 10.4 12.6 11.0 15.4 White 6.0 6.5 5.1 5.7 7.7 8.8 5.5 10.3 Black 12.6 12.6 11.2 11.7 16.1 19.2 18.9 20.8 Other 6.9 8.2 5.0 6.4 10.2 7.3 7.1 1 6 Race. White infant deaths decreased from 447 in 1993 to 436 in 1994, while black infant deaths decreased from 339 to 333 and other races infant deaths decreased from 24 to 9. The 1994 rates of infant deaths per 1,000 live births were 6.3, 15.1, and 2.5 for whites, blacks, and other races, respectively. RESIDENT INFANT DEATHS BY RACE WITH RATES PER 1,000 LIVE BIRTHS VIRGINIA, 1990-1994 Total White Black Other Year Number Rate Number Rate Number Rate Number Rate 1990 1,005 10.2 532 7.4 461 19.3 12 3.9 1991 963 10.0 516 7.4 433 18.3 14 4.4 1992 903 9.3 482 6.9 407 17.2 14 4.1 1993 810 8.6 447 6.6 339 14.7 24 7.0 1994 778 8.2 436 6.3 333 15.1 9 2.5 Cause of Death. Among the 778 infant deaths for Virginia residents. 161, or 20.7 percent, were attributed to congenital anomalies; 169, or 21.7 percent, to disorders relating to short gestation and low birth weight; 26, or 3.3 percent, to respiratory distress syndrome; and 79, or 10.2 percent, to sudden infant death syndrome. The remainder of the group of causes for conditions originating in the perinatal period (ICD Codes 760-779) accounted for 201 infant deaths, while certain gastrointestinal diseases, pneumonia and influenza, and all other causes (including external causes) accounted for the remaining 142 deaths. RESIDENT INFANT DEATHS BY CAUSE WITH RATES PER 100,000 LIVE BIRTHS VIRGINIA AND UNITED STATES, 1994 United Cause of Infant Death Vug inia States* Number Rate Rate Total Infant Deaths 778 824.5 791.7 Certain gastrointestinal diseases (008-009, 535, 555-558) 9 9.5 6.6 Pneumonia and influenza (480-487) 9 9.5 11.3 Congenital anomalies (740-759) Disorders relating to short gestation and low 161 170.6 171.0 birth weight (765) 169 179.1 97.6 Birth trauma (767) 10 10.6 5.5 Intrauterine hypoxia and birth asphyxia (768) 12 12.7 13.9 Respiratory distress syndrome (769) Other conditions originating in the perinatal 26 27.6 39.6 period (760-764,766,770-779) 179 189.7 194.5 Sudden infant death syndrome (7980) 79 83.7 105.4 All other causes 124 131.4 146.0 * Provisional 2 8 Age at Death. In 1994, there were 362 infants who failed to survive one day and 469 who died within their first week of life. Infants who died before the age of 28 days (553) accounted for 71.1 percent of the total infant deaths. PERCENT OF TOTAL INFANT DEATHS IN EACH AGE GROUP BY RACE VIRGINIA, 1994 Total Age at Death Race Infant Deaths Under 1 day 1-6 days Under 1 week 7-27 days Under 28 days 1-5 Mos 6-11 Mos Total 100.0 46.5 13.8 60.3 10.8 71,1 22.5 6.4 White 100.0 42.7 16.5 59.2 10.8 70.0 24.5 5.5 Black 100.0 51.7 9.9 61.6 11.1 72.7 19.5 7.8 Other 100.0 44.4 22 2 66.7 66.7 33.3 Data Tables. Detailed data for infant deaths are in Data Tables 34-38. MATERNAL DEATHS: In 1994, the deaths of six Virginia women were caused by maternal conditions, giving a rate of 6.4 maternal deaths per 100,000 live births. Both the number and rate of maternal deaths increased from the 1993 figure of 4 deaths, or 4.3 per 100,000 live births. MATERNAL DEATHS BY CAUSE AND BY RACE VIRGLNiA, 1994 Cause of Death Total White Black Other Total (ICD 630-676) 6 2 4 Hypertension Complicating Pregnancy (642) Other Complicauons of Labor and Delivery (669) 1 1 1 1 Obstetrical Pulmonary Embolism (673) 2 2 Unspecified Complicauons of Puerpcnum (674) 2 1 1 Data Tables. Data for maternal deaths are under ICD codes 630-676. They are found in Data Tables 40-41 and 45-46. 2 9 Median Age at Death. For all Virginia residents, the median age at death was 74.7, higher than the 1993 value of 74.4. The white median age at death increased from 75.7 to 76.1; the black median age at death decreased from 70.1 in 1993 to 69.9 in 1994, and the statistic decreased from 66.2 to 65.3 for other races. The median age for Virginia males increased from 71.1 in 1993 to 71.3 in 1994; for Virginia females it increased from 78.5 to 78.7. MEDIAN AGE AT DEATH BY RACE BY SEX _________ VIRGINIA, 1993 AND 1994_______ _____________ Total White Black Other Sex 1993 1994 1993 1994 1993 1994 1993 1994 Total 74.4 74.7 75.7 76.1 70.1 69.9 66.2 65.3 Male 71.1 71.3 72.3 72.4 67,0 66.9 65.2 64.9 Female 78.5 78.7 79.7 80.0 73.8 73.4 68.3 66.0 ('ban H below shows the cumulative percentages of deaths by selected age groups for the period 1964-1994. The percentages of total deaths accounted for by the younger age groups -how a distinctly downward trend. Chart H P E R C E N T O F R E S I D E N T D E A T H S B Y A G E G R O U P V I R G I N I A , 1 6 6 4 - 1 9 9 4 CUMULATIVE PE R C E N T CUMULATIVE P E R C E N T U N D E R 16 1 8 7 9 YEAR Month of Death. January had the greatest frequency of deaths (5,224), and the largest daily average (169). The lowest number of deaths occurred in June (3,957), with the second lowest daily "average (132). July with 4,019 deaths had the lowest daily average of 130. 31 Firearms and explosives were the implements used in 406, or 72.2 percent, of the homicides in 1994. Assault by cutting and piercing instruments, with 61, was the second most frequently used method. Eight deaths were the result of injuries inflicted through legal intervention. RESIDENT HOMICIDE DEATHS BY RACE BY METHOD VIRGINIA, 1994 Method Total White Black Other Total (E960-E978) 562 221 336 5 Assault by: Firearms and Explosives (E965) 406 132 271 3 Cutting and Piercing Instruments (E966) 61 33 27 1 Hanging and Strangulation (E963) 24 17 7 Submersion (Drowning) (E964) 5 3 2 Fight Brawl, Rape (E960) 1 1 Corrosive or Caustic Substance and Poisoning (E961-E962) 1 1 Other and Unspecified Means (E968) 50 23 26 1 Injury Due to Legal Intervention (E970-E978) 8 6 2 Child Battering and Other Maltreatment (E967) 4 3 1 Late Effects of Injury Purposely Inflicted (E969) 2 2 Numbers in parentheses are from Iniemauonal Classificauon of Diseases, 9th Revision. Data Tables. Detailed data for resident deaths are given in Data Tables 39-46. Table 45 gives deaths by cause of death by race by occurrence in Virginia as well as residence in Virginia. Table 46 gives deaths by cause of death by race for all cities, counties, and planning districts in the State. RESIDENT DEATH RATES PER 1,000 POPULATION BY PLANNING DISTRICTS VIRGINIA, 1994 4.5 to 6.9 3 8 ent by: ACLU 80^6448090 04/12/96 4:33PM Job 13 Page 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION f i___L _ F VIOLA W. TAYLOR, et al., Plaintiffs, v . CAMERON L. FORRESTER, et al. Defendants. > 3 ! MAY I T '990 ! I______ ) J r - ' - ' -) Civil Action ) No. 89-00777-R ) ) ) INTERIM CONSENT DECREE This proceeding involves a claim that the current method of electing the three members of the Board of Supervisors of Lancaster County, Virginia violates Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973, the First, Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution of the United States, and 42 U.S.C. § 1983 . The defendants have stipulated that the use of the County's current single-member districts, with boundaries as designated by County ordinance adopted in 1981, has the effect of violating Section 2 of the Voting Rights Act. This action is now before the Court on (a) the defendants' Offer of Judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure, which offer has been accepted by the plaintiffs, and <b) the defendants' Motion To Deny Request For Special Election And To Request That Redistricting Occur After The 1990 Census. Based upon the consent of the parties as evidenced by the Offer of Judgment and the acceptance thereof, ar.d based Sent by: ACLu 80464A808C Page 8/1604/12/96 4:34PM Job 13 upon the inherent equitable powers of this Court, it is hereby ORDERED as follows: 1. The Court hereby finds that the use of the current single-member election districts, having boundaries as designated by County ordinance adopted in 1981, has the effect of diluting the vexing strength cf the County's black voters in violation of Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973. Accordingly, judgment is hereby entered in favor of the plaintiffs as to the first cause of action asserted in their complaint. 2. As an interim remedy, the defendant Board of Supervisors shall expand its membership from three to five members in the following manner: (a) The Board shall create a two-member County wide election district tc be in effect from July 10, 1990 until a 1991 decennial redistricting plan is adopted and implemented; (b) Pursuant to Virginia Cede § 24.1-76.1, the Board shall appoint two black residents of the Ccur.ty to fill the vacancies on the Board from the County-wide election district:. Such individuals shall be, in the opinion of the Board, representative of the interests of the County as a whole and especially of the interests of black residents of the County; (c) The plaintiffs may submit to the Beard the names of two County residents whom the plaintiffs desire the Board to consider as appointees to such vacant positions; and 2 Sent by: AClL 8046448080 04/12/96 4:35PM Job 13 Page 9 H 6 (d) The terras cf the appointed members cf the Board shall expire at the same time as the terms of the current .incumbent members of the Board, 3. The defendant Board of Supervisors shall also expand from seven to nine the membership of the Committee for Redistricting Lancaster County, which is an advisory body created by the Board of Supervisors in 1988 to recommend a redistricting plan for the County, The plaintiffs may select the two additional members of the Committee. 4. It further appearing to the Court that there is insufficient time prior to July 10, 1990 for the Board of Supervisors to aaopt an ordinance expanding its membership from three to five and to have the ordinance precleared by the United States Justice Department under Section 5 of the Voting Rights Act of 1965, it is further ORDERED that it shall not be necessary for Lancaster County to obtain preclearance of these interim remedial arrangements under Section 5 of the Voting Rights Act. 5. The Court finds that the granting of this interim relief renders moot the defendants' Motion To Deny Request For Special Election And To Request Thar Redistricting Occur After The 1990 Census, and accordingly that motion need not be considered. 6- This action shall not be dismissed and the Court hereby retains jurisdiction to ensure, if necessary, that the 1991 redistricting plan adopted by Lancaster County provides the plaintiffs with an appropriate remedy for the violation of Section 2 cf the Voting Rights Act, All rights of the parties with regard 3 sent by: ACLb 80464^8080 0 4 / ' 2 ' 9 6 4:35PM Job 13 Page 10/16 to the ISSl redistricting process shall be preserved and are net changed by this consent decree. 7. The plaintiffs may apply to the Court, pursuant to 42 U.S.C. § 19731(e), for an award of costs incurred through May 4, 1990, including a reasonable attorney's fee, and the defendants may file any objections to the requested award within eleven days after service of the application. The Clerk is directed to send copies of this decree to all counsel cf record. United States District Judge Date: ! -? a ( ri <j o Agreed and Consented to: Coynsel for Plaintiffs 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 2 5 1 PUBLIC HEARING IN RE: CONGRESSIONAL REDISTRICTING IN VIRGINIA SENATE AND HOUSE COMMITTEES ON PRIVILEGES AND ELECTIONS General Assembly Building House Room D Richmond, Virginia October 11, 1991 10:00 a.m. CAPITOL REPORTING, INC. P.O. Box 959 Mechan l csvi 11 e , Virginia 23111 Tel. No. (804) 788-4917 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 2 ̂ 24 25 7 those witnesses, we will hear a brief presentation from our staff counsel, Mary -- Mary Spain on some of the, just t o refresh the J o i n t Committee's recollections as to some of the legal parameters we must take into account as we move toward the adoption of legislation to redistrict Virginia's congressional district. Ms . Spain. MS. SPAIN: I'll be brief. Just to highlight some of the differences between the congressional redistricting scene and the state legislative redistricting process that you have just completed, of course the first is that we have gained a congressional seat. You are adding a district because of Virginia's population growth, so we'll be dealing with 11 congressional seats, an ideal population of 562,487, not as substantial a difference from our prior ideal as it would be if we hadn't gained that seat. The first major difference between congressional and state legislative- redistricting is the variation that's allowed by the courts in reviewing plans, and under the 1983 Karcher decision, the Supreme Court invalidated and upheld the invalidation of a New Jersey CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 2 1 22 23 24 25 congressional plan with the deviation of .6984 percent or 3,674 people. The court in its opinion compared that to alternatives of a .49 range and its own redrawing or adjustments of the lines that would have allowed a reduction by one tenth of a percent in that population deviation. The end result is that most states view congressional redistricting as requiring a very low deviation, and I thought you might be interested in our deviation in 1981 was 1.81 percent, lower than the state legislative plans then, but other states as they have drawn congressional districts for the eleven states that have completed district plans, six have drawn plans with zero deviation. That's a deviation of one or two people that does not report on a printout on the plan. Iowa has .05 percent, five 100ths of a percent deviation. Nebraska seventeen 100ths percent deviation. Arkansas .73 percent deviation, and that plan is being challenged in court now on both Voting Rights Act issues and on the deviation. And we have Missouri with .198 percent, Georgia with 1.85 percent. 8 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 Several of those plans are at the Justice Department now, but the majority of the states that have completed plans have been at the zero deviation level. This is possible because of the computer technology, the breakdown of census data into small units at the block level, and the court did not rule out that there could not be a justification for a variation, but the burden is f heavy to show that your variations justify by a rational consistently applied state policy. The effect of this type of deviation requirement or absolute quality requirement will push towards more split localities. I think as we look through the plans we will probably not find many districts consisting of all whole localities, and in 1981 four of the districts were comprised of entire localities. The Voting Rights Act is as applicable to congressional redistricting as it was to the state legislative redistricting. You will have before you today proposals for majority black congressional districts. The size of the majority will be a matter for your consideration and deliberation in creating the 17 black CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 1G 17 18 19 20 21 22 23 24 25 for the sake of political gain or favorable voting patterns. These challenges propose a tall order to you. I hope you will take my comments as they were intended, as an expression of support for your undertaking, a plea for fairness of the citizens of Virginia, and a challenge to rise above partisan needs to provide representative government for all of us. Yours is a difficult burden and an important undertaking, and I thank you for hearing from me this morning and appreciate this opportunity to testify. MR. GARTLAN: Thank you very much, Congressman, for traveling the long distance which I traveled as well this morning. Glad to have you here and hear your views. Any questions of Congressman Wolf? Thank you, sir. MR. WOLF: Thank you. MR. GARTLAN: The next witness is the Honorable Thomas J. Bliley, Jr. member of Congress from the Third District, Richmond. MR. BLILEY: Good morning, Ladies and Gentlemen. It's a pleasure to be here and to 19 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 have a chance to speak to you this morning. I have no prepared remarks. I don't envy you your job. You have the Supreme Court's decision of one man one vote, that you can't have but a very miniscule deviation between your largest population and your smallest population of the districts. And you have now the Voting Rights Act which of course was changed in 1982 from plaintiffs having to show intention to merely having to show the effects, and within those parameters you are going to have to do your work. We are more fortunate than most states in that because of the growth we gained a seat, which helps. I would only ask that in your deliberations as you meet those parameters that you try to keep the districts as contiguous and compact as you possibly can. More than that I don't think anybody can ask, and if anybody has a question, I'll be happy to try to answer it. MR. GARTLAN: Does anyone have any questions of Congressman Bliley? Thank you very much, sir. MR. BLILEY: You are sure welcome. CAPITOL REPORTING, INC. 1 2 3 4 5 6 / 8 9 10 11 12 13 14 1 5 16 17 18 19 20 21 22 23 24 25 copies of a plan which I have developed and I believe you all may have some copies of a map that I had drawn up, and there are some copies available I believe. MR. GARTLAN: Is that the one attached to this document? MR. RAWLINGS: That's the one attached to the copy. I don't have enough copies for everybody but I think there are enough maps for everybody. MS. SPAIN: Is this the same? MR. RAWLINGS: Yes. MS. SPAIN: So we have extra copies. MR. RAWLINGS: Let me start off by laying a little, I don't know whether you want to call it ground rules or letting you know where I come from, unless some of you may not know. I can't believe there are that many of you who have not realized I am a Democrat. I come before you as a Democrat, and so many of the things I say are sort of tempered by the fact, that fact. And I have been a Democrat for a long time. I cast my first vote, believe it or not, for Franklin D. Roosevelt, and I have been voting Democratic ever since. I have never voted for a 31 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Republican in my life, so I guess I'm considered prejudiced. But the main thing that brings me here is because, in addition to being Chairman of the 8th Congressional Democratic Committee, I have served in this state in various capacities. I have served six years in the General Assembly and the House of Delegates. I have been a nominee for Congress and for the United States Senate, I have served on the Democratic National Committee for eight years, and I am here as Chairman of the 8th District Democratic Committee. And I have traveled all over this state in my times as a politician and a candidate, and I think I know most of t h e areas of the state reasonably well, although as time goes by they change, and it's been some time since I have been to many areas of the state. But I feel that this congressional redistricting is most important to the state, and that's why I have taken an interest and tried to develop a plan. I'm not a computer operator, I don't have access to a computer, and I just used my pen and pencil and adding machine to come up with the 32 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 16 17 18 19 20 2 1 22 23 24 25 33 figures that I have. But I wanted to say this and with all respect to my Republican friends, I think that a congressional redistricting plan should be fair to all as possible. Naturally I would like to see the interests of Democrats protected as best can be done, and I have heard those persons who have been speaking up to now, but it's nothing new to have strange congressional districts. It's something new that we have now that we have computers to divide up counties and cities like we have been doing. But when I ran for Congress, my 8th District that I was running in started on the Potomac in Loudoun County, took in Fauquier County, Louisa County, Caroline, a third of Fairfax, all of Prince William, all the Northern Neck, and all the way down Hanover County, Goochland County, and all the way down to include Charles City County on the James River, and that was some district, but it was represented for ten years by a congressman, and it wasn't the best district in the world, but that was the district. I also remember that I voted in Hanover when I lived there when Hanover was part of the CAPITOL REPORTING, INC. 44 Scott's district is where that is. It would be like eastern Newport News and maybe like southeastern part of Hampton also, and also is the western part of Norfolk. MR . JOANNOU: Okay. And you have the western part of Norfolk in here also? MR . MOORE: That's right. If you like, I can read off the whole list. MR. JOANNOU: Mr. Chairman, further question. So you have got the Naval Base, the Newport News Shipyard, and the Portsmouth Shipyard is going to be represented by one Congressman, is that what you have done? That's what you are advocating? MR . MOORE: I'm not sure about that. The lines, I haven't really drawn. What you have got to do is to pick where you are going to draw the lines and pass them through which, you know, areas of the county and pick them up. MR . JOANNOU: I don't know. I'm asking is that what you have done? MR . MOORE: I'm not sure that's what I have done, no, sir. MR. GARTLAN: Further questions? CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 I will say it's not that critical, but just like the previous, the reason we put that in there is we noted the fact that there's a large minority grouping in Northampton County but it wouldn't change the district that much if you wanted not to include that. We are simply showing you a way to do that, but that's the only reason, you know, that that was done was to recognize the fact that there is a way to equitably accomplish, you know, a minority based district. MR. GARTLAN: All right, further questions? All right, sir, thank you. Oh, I'm sorry, were you concluded, Mr. Moore? MR. MOORE: Yes, ir. MR. GARTLAN: All right, thank you. MR. MOORE: Thank you. MR. GARTLAN: The next speaker on our list is Grace Keen of Smithfield. MS. KEEN: Good morning. Mr. Chairman and Members of the Committee, my name is Grace J. Keen. I come here today with my husband, Carol, from our home in Isle of Wight County. I'm the mother of four children and the grandmother of three. CAPITOL REPORTING, INC. 47 2 3 4 5 6 7 8 !i9 10 I 11 12 | 13 iI 14 1 5 16 17 ! 18 19 20 2 1 i22 23 24 2 5 1 Mr. Chairman, I'm also a Virginia citizen who has been involved in a number of community activities. I'm president of the Isle of Wight Citizens Association, past president of the Isle of Wight Commission on Aging, and present active appointed member, and a member of the Southeastern Virginia Area Model Program Board of Directors for the past twelve years. I also serve on several other community advisory boards and committees. Of course I'm not expert on redistricting like those of you on this committee. But as someone who has been active in my community for many years, I think I know a little something about what works in general. So I'm grateful to the committee for giving me this opportunity to share some of my thoughts on the redistricting effort. I'm very proud of Isle of Wight County and the people who call it their home. We have had our ups and downs like other places, but we always seem to pull together when it counts. It's a special place for many reasons. It's a beautiful place, but I think its diversity of people and industry makes it a particularly CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 16 17 18 19 20 2 1 22 23 2 4 2 5 wonderful place to live, a lot like the 4th District as a whole. 4 8 In Isle of Wight we have a combination of rural and urban areas linked b y growing suburbs. We have farmers, defense contractors, and federal workers. That description could just as easily be applied to the entire 4th District. The economy of the 4th District as with Isle of Wight relies heavily on farming and the military. And as you know, in the 4th District there are military facilities in Fort Lee and Petersburg and Fort Pickett in Blackstone. There also is the Norfolk Naval Shipyard in Portsmouth, and not too far away you'll find the Norfolk Naval Base and the Newport News Ship Building. We are fortunate in the 4th District to have a seasoned Congressman, Norman Sisisky, who has worked very hard to keep these facilities thriving even as military spending has been shrinking. He has been effective in balancing the national interests with our local interests. As a member of Congress he has sought positions on important committees in order to enable him to better represent us, his CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 constituents here in home. For instance, Congressman Sisisky is a member of the House Armed Services Committee and is the only member of Congress to serve on four of that committee's subcommittees. He also is chairman of the House Small Business Subcommittee on Exports, Tax Policies, and Special Problems, and in addition he serves on the House Select Committee on Aging. Obviously we are very impressed with Norman Sisisky, but the point I'm really making here today is I like the 4th Congressional District as it exists today. Why? Because it works. I believe Congressman Sisisky has represented this diverse district well with his blend of old and young, employers, laborers, farmers, teachers, men, women, blacks and whites. His three constituent service offices in Emporia, Petersburg, and Portsmouth is just one way he's reached out to all segments of the district. He also conducts mobile office hours to serve our other localities. The citizens of the 4th District, despite professional and cultural differences, share common goals and values. Vie CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 2 1 22 23 24 2 5 all want solutions to the problems facing our communities and we all want our representatives to be responsive to our concerns. I believe we have that today, and I would like for it to remain that way as much as possible. I again thank you for allowing me this time to add my voice to the course of comments I'm sure you'll receive during this redistricting process. I know you have an important job to do and I know you will do it well. Thank you. MR. GARTLAN: Thank you so much, Ms. Keen. Are there questions of Ms. Keen? Senator Holland I'm sure has a gracious comment. MR. HOLLAND: Mr. Chairman, I don't have any questions to ask. I concur with the comments she made, and on behalf of this committee we are happy to have you with us. MS. KEEN: Thank you, Senator Holland. MR. JOANNOU: Mr. Chairman, I'd also like to echo his remarks since she is now my constituent. MR. GARTLAN: Anyone else in the immediate area who is represented by Mrs. Keen? All right, next witness is Mr. Kent 50 CAPITOL REPORTING, INC. 1 2 3 4 5 S 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 Willis, American Civil Liberties Union. You have on your desks, ladies and gentlemen, a map of a proposal and a statistical report proposed by the ACLU in this document in case you haven’t picked it up. Mr. Willis, we are pleased to hear you. MR. WILLIS: Good morning, I'm Kent Willis, the Director of the American Civil Liberties Union of Virginia. Earlier today I distributed a copy of a black majority congressional district drawn by our office. As in the past, we are only proposing the one single district, the black majority district. We feel like what happens in the rest of the state is really your job, and all we did was test this to make sure that in drawing this district we didn't land lock some area or make it impossible to draw other districts meeting the one person, one vote concept. I'd like to briefly go through this plan. It contains a 62 -- 66.2 percent black population of 63.1 percent voting age population. It contains all of the jurisdiction of Petersburg, Charles City and Surry, and part of 13 jurisdictions. They are Sussex, Prince CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 c 16 17 18 19 20 21 2 2 23 24 25 George, Chesterfield, Henrico, Hopewell, Richmond, Isle of Wight, Suffolk, Newport News, Chesapeake, Portsmouth, Norfolk, and Hampton. The deviation is essentially zero. We came within 12 of the ideal number of 562,487 by reaching the number of 562,475. I understand from Mary Spain that our numbers differ by three with the state's number because of three people that live in Prince George somehwere that somehow we didn't account for, so we are actually within nine of the exact ideal deviation. We have built this at the precinct level. We made a decision to try to do it that way without going down to the block level simply because it's a simple, logical, rational building block. However, if someone wanted to build a stronger district by going to the tract or block level, that would certainly be possible. The overall configurations in many ways should not be new to many of you here who have recently gone through the re districting process for the State General Assembly. The western most portions of the district in Richmond and Petersburg and Hopewell have essentially the same contours as the 52 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 believe it runs south of that but I'm not absolutely sure, and I believe that both Newport News and Portsmouth are in the district. MR. JOANNOU: So it would be your recommendation that Virginia loses its influence of three Congressmen representing those defense facilities in exchange for one, is that what your recommendation is? MR. WILLIS: Our goal in drawing this map was to comply with the Voting Rights Act in the best way we knew how. We drew it basically in the abstract, and that is avoiding issues of incumbency and avoiding issues such as those you just mentioned. One of the good things about this map is that 66 percent black, it can withstand a little, an adjustment here and there, and still be a black majority district. Someone who's in it and doesn't want to be in it might want to move out. Someone who's not in it might move in. The precinct can be moved here and there and you are still looking at a substantial black majority district. These are questions I put to you. MR. JOANNOU: My question to you is you CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 99 HR. GARTLAN.- Questions of Senator Scott? Mr. Quillen. HR. QUILLEN: If I nad to make a judgment today, I'm more cautious if I have a 60 or 60 plus minority, I mean majority seat, black majority seat, because I think historically in Virginia has never elected a black Congressman, and I think there's threshold, you know, we have elected black legislators and senators, so forth, but we don't have historical perspective. I think if you would err, I would err on that caution to try to make sure the seat we do create would meet muster instead of trying to divide them so thin that they don't, and I just bring that viewpoint out because I think we are down to these two issues seem to be something that trouble the committee as well as the different groups that are interested in this, and I would just, my viewpoint would be that way would be my viewpoint. MR WATKINS: Mr. Chai rman? MR GARTLAN: Mr. Watkins. MR WATKINS: Just for clarification purposes, you used that 55, 45 number, are you talking about voting age population or pure CAPITOL REPORTING, INC. A W I N G t h e L I N E 9 9 0 P o p u l a t i o n District Total Black 1st Counties: Accomack 31,703 10,933 Ca/oSne 19,217 7,244 Charles City 6,282 3,969 Essex 8,689 3.270 Gloucester 30,131 3,354 James City 34,859 6.460 King & Queen 6,289 2,633 King George 13,527 2,734 King William 10.913 3,310 Lancaster 10,896 3,289 Mathews 8,348 1,175 Middlesex 8,653 2,131 New Ken! 10,445 2,151 Northampicn 13,061 6.035 Northumberland 10,524 3,098 Richmond 7,273 2.194 Westmoreiand 15,480 5,104 York 42,422 6613 Cities: Hampton 133.793 51,981 Newport News 170,045 57,077 Poguoson 11,005 84 William scurg 11 530 1 7^4 615.C85 186.598 Deviation v 9 35% 5woc 3 0 34% 2 n d Cities: Norfolk 26J.229 rC7,912 V irg in ia Beach L53.K9 67’ 654,293 186 653 Deviation■ * 16 32*0 Black: 23.95% 3rd Cities: ~erfcc 217 881 43,827 -r.'rS-.c'T r-d 201.124 24,365 1C ! ] P c.n me no ??? Cc5 1 <2 <22 622,061 180.314 Devtaiicn - 10 59% ciacK 23 99% o n g r e s s i o n a l [ D i s t r i c t s IDEAL DISTRICT;-11 SEA TS'- 56 Z ,W | District Total Black District Total Black d t h 5 t h Counties: Counties: Amelia 8.787 2.822 Appomattox 12,298 2,816 Brunswck 15,987 9,349 Bedford 45,656 3,612 Chesierfietd (part) 8,150 2,831 Buckingham 12,873 5,259 Dinwiddie 20,960 7,471 Campbell 47,572 6,876 Greensville 8,853 4,916 Carroll 26.594 109 Isle o( Wight 25,053 7,925 Charlotte 11,688 4,263 Nottoway 14,993 6,155 Cumberland 7,825 3,027 Powhatan 15,328 3,290 Fluvanna 12.429 2,846 Prince George 27,394 7,972 Franklin 39.549 4,231 Southampton 17,550 7,868 Halifax 29.033 11,393 Surry 6,145 3,411 Henry 56,942 13,155 Sussex 10,248 5,955 Lunenburg 11,419 4,292 Mecklenburg 29.241 11,226Cities: Nelson 12.778 2,406 Chesapeake 151,976 41,662 Patnck 17,473 1,263 Colonial Heights 16,064 129 Pittsylvania 55,655 14,919 Emporia 5,306 2,420 Prince Edward ■ 17,320 6,265 Frankiin 7.864 4,199 Hoceweil 23.101 5,910 Cities. Petersburg 38.385 27,688 Bedford City 6,073 1,338 Portsmouth 103,907 49,180 Danville 53,056 19.431 Suffolk 5? 14 1 ?3 245 Martinsville 16.162 5,954 South Boston 6,997 2.569 578,193 224,398 Lynchburg (part) 15 '18 Deviation :♦ 2.79% 543,751 129,748 Black, 38,81% Deviation: • 3 33% 1 Black- 23.86% | January l 99 I / Pace 3 DRAWING the LINE Present Virginia Congressional Districts 1 1990 Populat ion , con t i nued 6 t h __ Counties: Alleghany Amhersi Augusta Bath Bctetoun Highland Roancxe Rockbridge Rockingham Cities: Buena Vista Clilton Forge Covington Hamsonourg Lexington Lynchburg (pan) Roanoke City Salem Staunton Waynestocro 7th Qth Counties: W 11 1 Counties: 13,176 329 Abemarle 68,040 6,824 Bland 6,514 230 28,578 5,758 Clarke 12,101 1,054 Buchanan 31,333 63 54,677 2,006 Culpeper 27,791 4,783 Craig 4,372 8 4,799 251 Fauquier 48,741 5,462 Dickenson 17,620 68 24.992 1,121 Frederick 45,723 832 Floyd 12,005 292 2,635 3 Goochland 14,163 4,210 Giles 16,366 284 79.332 2,021 Greene 10,297 564 Grayson 16,278 486 18,350 574 Hanover 63,306 6,405 Lee 24.496 91 57,432 869 Louisa 20,325 5,233 Montgomery 73.913 2.841 Madison 11,949 1,697 Puiaskj 34,496 2,004 Orange 21,421 3,079 Russell 28,667 315 6,405 232 Page 21,690 442 Scon 23.204 143 4,679 695 Prince William 45,343 3,974 Smyth 32,370 660 6,991 969 (part) Tazewell 45,960 1,196 30,707 2,018 Rappahannock 6,622 491 Washington 45.887 682 6,959 811 Shenandoah 31,636 359 Wise 39,573 713 50,931 14,947 Spotsylvania 57,403 6,178 Wylhe 25,466 880 96,397 23,395 Stafiord (pari) 24,692 1,233 Cities:23,756 1,065 Warren 26,142 1,292 24,461 3,081 Cities: Bristol 18,426 1,063 18.549 1 749 Galax 5,670 387 Charlottesville 40,341 8,561 Norton 4,247 269 553.857 61,944 Fredericksburg 19,027 4,115 Radford -LL212 Manassas 27,957 2,889 Dev-soon - 1 53% Manassas Park 6,734 490 523,803 13,632 Elack: 11.18% Winchester 21.947 2.199 673,296 72,466 Deviation: • 6.68% Black: 2.60% Deviation * 19.72% Black: 10.76% 8 t h Counties: Pnnce William 170.333 21,104 (part) Staftora (part) 36,544 3,071 Fairfax (part) Cities: ^28,647 40,227 Alexanona 111 183 2 ± m 746.712 83,741 Deviation - 32.75% Black. 11 83% 1 n t h Counties: Arlington 170,936 17,940 Loudoun 86,129 6,168 Fairlax (pan) 359,937 23,058 Cities: Fairfax City 19,622 566 Falls Church 29g. 676,202 48.470 Deviation * 20 22% Black 7 177. T h u O c t 1 0 1 7 : 1 9 : 3 9 1 9 9 1 P L A N C 0 5 6 4 7 5 0 / ) C _ L U P u A ^ p r z t J i ^ / 0/ / 0 / 9 / D I S T R I C T P O P U L A T I O N B R E A K D O W N B Y L O C A L I T Y ( V O T I N G A G E A N D T O T A L P O P U L A T I O N B Y R A C E ) D I S T R I C T 1 L O C A L I T Y P R E C I N C T C E N S U S T O T A L V O T I N G N A M E N A M E B L O C K P O P U L A T I O N W H I T E % B L A C K % O T H E R % A G E P O P W H I T E * 5 B L A C K A O T H E R A S u r r y A L L A L L 6 1 4 5 2 7 2 2 4 4 . 3 0 3 - 1 1 1 5 5 . 5 1 1 2 0 . 2 0 4 5 2 4 2 1 2 9 4 7 . 0 6 2 3 9 6 5 2 . 7 4 9 0 . 2 0 C h a r l e s C i t y A L L A L L 6 2 8 2 1 8 0 0 2 8 . 6 5 3 9 6 9 6 3 . 1 8 5 1 3 8 . 1 7 4 7 7 5 1 4 1 4 2 9 . 6 1 2 9 6 0 6 1 . 9 9 4 0 1 S . 4 0 P e t e r s b u r g A L L A L L 3 8 3 8 6 1 0 1 9 4 2 6 . 5 6 2 7 6 8 8 7 2 . 1 3 5 0 4 1 . 3 1 2 9 3 9 2 8 9 4 1 3 0 . 4 2 2 0 0 6 4 6 8 . 2 6 3 8 7 1 . 3 2 S u s s e x P A R T 3 8 6 7 1 7 3 1 4 4 . 7 6 2 1 1 4 5 4 . 6 7 n n 0 . 5 7 2 8 3 7 1 3 5 5 4 7 . 7 6 1 4 6 6 5 1 . 6 7 1 6 0 . 5 6 F r i n c e G e o r g e P A R T 2 1 0 5 4 1 3 7 3 2 6 5 . 2 2 6 3 0 5 2 9 . 9 5 1 0 1 7 4 . 8 3 1 5 3 6 2 1 0 2 0 6 6 6 . 4 4 4 4 7 2 2 9 . 1 1 6 8 4 4 . 4 5 C h e s t e r f i e l d P A R T 1 0 9 3 0 5 0 9 4 4 6 . 6 1 5 7 3 4 5 2 . 4 6 1 0 2 0 . 9 3 8 3 5 2 3 8 1 1 4 5 . 6 3 4 4 7 4 5 3 . 5 7 6 7 0 . 3 0 11 e n r i c o P A R T 3 8 5 1 7 1 4 8 2 8 3 8 . 5 0 2 3 2 3 5 6 0 . 3 2 4 5 4 1 . 1 8 2 9 3 7 0 1 1 9 0 3 4 1 . 9 6 1 6 1 3 9 5 6 . 8 9 3 2 8 1 . 1 6 H o p e w e l l P A R T 8 9 7 2 4 6 3 4 5 1 . 6 5 4 1 4 4 4 6 . 1 9 1 9 4 2 . 1 6 6 3 9 1 3 5 4 3 5 5 . 4 4 2 7 2 2 4 2 . 5 9 1 :5 1 P I F i c h m o n d C i t y P A R T 1 3 9 9 4 3 3 3 1 5 5 2 3 . 6 9 1 0 4 9 2 3 7 4 . 9 8 1 8 6 5 1 . 3 3 1 0 5 4 2 4 2 9 2 4 9 2 7 . 7 4 7 4 7 6 3 7 0 . 9 2 1 4 1 2 1 . 3 4 1 3 l e o f W i g h t P A P T 1 6 4 2 4 1 0 5 7 9 6 4 . 4 1 5 7 4 7 3 4 . 9 9 9 8 0 . 6 0 1 2 1 6 2 7 9 5 6 6 5 . 4 2 4 1 4 0 3 4 . 0 4 6 6 0 . 5 4 S u f f o l k P A R T 7 1 7 9 4 6 9 6 6 5 . 4 1 2 3 5 5 3 2 . 8 0 1 2 8 1 . 7 8 5 1 6 7 3 4 9 4 6 7 . 6 2 1 5 8 8 3 0 . 7 3 8 5 1 . 6 5 N e w p o r t N e w s P A R T 3 6 9 5 6 6 8 1 5 1 8 . 4 4 2 9 8 2 2 8 0 . 7 0 3 1 9 0 . 8 6 2 6 0 2 3 5 5 7 6 2 1 . 4 3 2 0 2 3 6 7 7 . 7 6 2 1 1 0 . 8 1 C h e s a p e a k e P A R T 2 9 6 6 9 7 9 9 0 2 6 . 9 3 2 1 2 7 4 7 1 . 7 0 4 0 5 1 . 3 7 2 0 4 8 9 6 0 6 4 2 9 . 6 0 1 4 1 3 7 6 9 . 0 0 2 8 8 1 . 4 1 P o r t s m o u t h P A P T 6 5 7 0 2 2 1 8 6 5 3 3 . 2 8 4 3 0 6 2 6 5 . 5 4 7 7 5 1 . 1 8 4 6 8 0 0 1 7 0 1 0 3 6 . 3 5 2 9 2 4 2 6 2 . 4 8 5 4 8 1 . 1 7 N o r f o l k P A P T 7 2 9 0 4 1 9 1 4 9 2 6 . 2 7 5 2 6 2 3 7 2 . 1 8 1 1 3 2 1 . 5 5 5 4 0 9 2 1 6 4 5 2 3 0 . 4 1 3 6 7 5 0 6 7 . o . i 8 9 0 1 . 6 5 H a m p t o n P A R T 5 9 5 4 2 2 2 4 5 4 3 7 . 7 1 3 6 0 4 1 6 0 . 5 3 1 0 4 7 1 . 7 6 4 5 1 0 3 1 7 7 5 4 3 9 . 3 6 2 6 6 2 3 5 9 . 0 3 7 2 6 1 . 6 1 D i s t r i c t 1 T o t a l s 5 6 2 4 7 2 1 8 1 4 3 8 3 2 . 2 6 3 7 2 4 - 1 7 6 6 . 2 2 8 5 8 7 1 . 5 3 4 1 5 2 6 3 1 4 6 8 5 7 3 5 . 3 6 2 6 2 1 6 2 6 3 . 1 3 6 2 4 4 1 . 5 0 SOURCE: U.S. DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS P-L. 94-171 DATA RAGE I ORIGINAL i PUBLIC HEARING ON CONGRESSIONAL REDISTRICTING HELD BY THE VIRGINIA STATE SENATE AND HOUSE COMMITTEES ON PRIVILEGES AND ELECTIONS AT NOVA COMMUNITY COLLEGE ANNANDALE CAMPUS 8333 LITTLE RIVER TURNPIKE FORUM - COMMUNITY CULTURAL CENTER ANNANDALE, VIRGINIA THURSDAY, NOVEMBER 7, 1991 7:30 p.m. - 8:30 p.m. Sauny Ikenberry, CVR Court Reporter 13811 Leighfield Street Chantilly, VA 22021-2504 Phone: 703-803-8577 17 r 1 There isn't any guarantee in any State of the 2 Union that guarantees somebody that they are going to get 3 elected. Whether or not you live in Harlem, New York, 4 whether you live in Indian Island in Maine, or whether you 5 live in the Commonwealth of Virginia, the only guarantee 6 is that if you're a pretty good salesman, and if we like 7 what you have to sell, we'll buy it. If we don't, we 8 reject it. 9 You and I both know that, Senator. 10 SENATOR GARTLAN: Any other questions? 11 Thank you, Ms. Jordan. C 12 MS. JORDAN: You're welcome. 13 SENATOR GARTLAN: The next witness is Gloria 14 T. Fisher of the Mount Vernon District in Fairfax County. 15 MS. GLORIA T. FISHER: Good evening. My name 16 is Gloria Fisher, and I'm a resident of Belle Haven 17 Precinct, Fairfax County, and I testified before you in 18 March on behalf of our Citizens' Association. 19 I am also privileged to have been elected in 20 the General Elections of 1984, '87, and '90, to three 21 terns on the Northern Virginia Soil and Water Conservation 22 District Board. Last year, I won every precinct in » 23 Fairfax County, receiving over 130,000 votes. I mention Sauny Ikenberry, Court Reporter 703-803-8577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 18 this only to point out my experiences in the electoral process. I should also mention that I serve as the First Vice-Chairman of the Eighth Congressional District of Virginia Republican Committee, so you can understand my obvious joy today when I read FAIRFAX JOURNAL'S blast of this year's redistricting process. If you haven't seen it, I'll leave this copy for you (indicating). To guote this editorial entitled A GOP LAUGH, "We, the Journal, got a chuckle watching the returns pour in from the Northern Virginia legislative races Tuesday night, and we're sure Republicans laughed harder. Democrats in Richmond tried to redistrict the GOP out of existence last spring, but 'voters came back and gave the Democrats the thumping they richly deserved. After their redistricting shenanigans, Democrats deserve every agonizing moment to come." The words of the FAIRFAX JOURNAL. Well, you should realize that what happened on Tuesday is not just a laughing matter to Republicans. Look at Wednesday's WASHINGTON POST headline, "Redrawn boundaries confuse the voters in Fairfax and Loudoun Counties." The article goes on to describe how this Sauny Ikenberry, Court Reporter 703-803-8577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 reaches the dimension of having a potential to control a district. MS. JORDAN: So what you're saying is you're going to be ghettoing districts, correct? You're correcting by ghettoing by district, is it not? This is what you are going to be doing, by your plan, is it not? MS. SPAIN: The objective of the Voting Rights Act and the objective of the process is to be sure it's open and available to minority groups. MS. JORDAN: It's open and available — but you can't elect them. SENATOR GARTLAN: All right, if there be no further questions, the next witness who has signed in is Marv Hrubus -- I hope I've pronounced that correctly. MR. HRUBUS: It's very close. Thank you. SENATOR GARTLAN: -- from the Democratic Party of Prince William County. MARV HRUBUS: Thank you, Mr. Chairman, Members of the Committee. I didn't come here tonight with any hardened out or announced or proposed boundaries for this, today. I've been involved in some reapportionment designs in the Sauny Ikenberry, Court Reporter 703-803-8577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 past, somewhat, and I know that with the electronic databases, voter registrations, population statistics, that can be done quite mechanically and usually very accurately. I'm here tonight not just as Chairman of the Democratic Party in Prince William County, but I've also been asked to speak for two other jurisdictions we have in Prince William County, which is Manassas and Manassas Park. There are a few very basic things we want to leave this Committee with. For the past ten years we've had a split County. It's something we would like to eliminate if at all possible. We know that when you're looking at demographics -- and I heard a new definition of the term "rural" tonight. I come from Iowa; I do know what rural is. Prince William County cannot really be called a rural county, but we think we are part of the Northern Virginia community and we ask that we be given consideration that the Country, either in the whole or in the best parts possible, be placed in the Northern Virginia communities. We know that's difficult. We know it's difficult: to make -- anytime you're trying to compose Sauny Ikenberry, Court Reporter 703-803-8577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 Falls Church, Mount Vernon and Lee, promote the new 8th District. SENATOR GARTLAN: Thank you. Questions by the Committee? MS. BOREN: I've been reminded that there would be some additional precincts that would be needed, and in Fairfax County we are accustomed to Magisterial Districts having to be split, so there would be some precincts along the edge there, and then probably the Springfield and Annandale areas that would have to be included. SENATOR GARTLAN: Questions? Thank you very much, ma'am. The last witness who has signed in — before I introduce her let me ask if there is anybody else who has been stimulated to want to address the Committee from the remarks you have heard so far. Please give your name to Mr. Garrett, who is the Deputy Clerk of the Senate, if you desire to do so. In the meantime, the next witness is Janet Carver, 8th District Democratic Committee. JANET CARVER: George Rollins, the Chairman of 8th District Democratic Committee cannot be here tonight, Sauny Ikenberry, Court Reporter 703-803-8577 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 21 2 2 2 3 2 4 2 5 E M MU) ( M i l l JOINT COMMITTEE REDISTRICTING HEARING Lake Wright Hotel Norfolk, Virginia November 8, 1991 TRANSCRIPT OF PROCEEDINGS House Privileges & Elections Committee: THE HONORABLE FORD C. QUILLEN, Chairman Senate: SENATOR JOSEPH V. GARTLAN, JR., Chairman TAYLOE ASSOCIATES, INC. Registered Professional Reporters Telephone: (804) 461-1984 Norfolk, Virginia 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 14 1 5 1 6 17 18 19 2 0 21 22 2 3 24 25 6 this process. So if anybody would like to speak, if you would just raise your hand and come to the -- you all get the best of every world. You all never get — you ought to take positions on things instead of always waiting until we take positions and tell us we did wrong. It's much harder to govern than people think it is. Who would like to say something, please? All right. Let us go with Mary and let Mary go ahead and give some explanations as to her situation, and maybe we can lay out a little bit later on what our timetables might be and then maybe that will spur on some comments from people in the audience . MS. SPAIN: Two committees that are holding three public hearings to invite public comment in advance of the November 18 special session and the first hearing was October 11th. We have on the table for any members or anyone in the audience who hasn't obtained them copies of plans on file with the committee to date from the NAACP and the ACLU filed by George Rawlings and by the American Party. These plans are available and have been circulated to T A Y T . O F A T F S . T N T . 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 21 2 2 2 3 2 4 2 5 7 date. Basically the legal requirements for the congressional redistricting follow that for the state redistr l cting , state legislative redistricting. We address first the equal population, the evening of the population among the districts. With the congressional plans we will be dealing with even congressional districts. The Supreme Court cases in this area have held to a higher more strict standard for equal population among the districts, so we are looking at plans that will be with the very low deviation among the level districts. The Karcher versus Daggett case in 1983, the Supreme Court there upheld the invalidation of the New Jersey congressional plan with a less than one percent overall deviation on that ground. So states as they have been redlstric1 1 ng for congress in the 1 99 0's have been bringing the deviations to below one percent of the 11 states. To date six of them have really gone down to zero deviation because where any locality is split it's possible with the census data at the block level to come to a very low deviation. The focus of the plans filed by the N A A C P and ACLU so far bring up the voting acts TAYT.OF ASSOCIATES, INC. 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 1 8 19 2 0 21 22 23 24 25 8 requirements governing congressional redistricting and demonstrate the at least two approaches to drawing a black majority district. Those plans both are similar and draw on black population from urban concentrations from the Richmond area south to the Norfolk, Hampton Roads area. Other factors that will govern will be compactness and contiguity. On the compactness issue the Circuit Court now has the Senate redistricting case before it and the trial has been concluded and a Court opinion should be issued sometime in the near future which will address the compactness standard under the Virginia constitution. For procedures our staff will be working on drafting bills that are in the same format as your House and Senate plans, referring to the 1990 census precincts where a locality is divided. This i. s the information which we have available which gives a quick and exact count of the populations involved and racial breakdowns for those populations. Our office is aware that all of the counties, most, have redrawn their precinct lines and we hope the process will give us some window of opportunity to review any split jurisdiction to try and honor as much as possible those new precinct T A V T . O P A Q q n C T A T P q t w r . 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 21 2 2 2 3 2 4 25 9 lines. But that is not going to be easy to do given your timetable and it's also not going to be easy to do in cities because so many of the cities are now looking at their precinct changes. So that is really all my comments. I will be glad to answer any questions. MR. QUILLEN: We would entertain questions from any members of our joint subcommittee as well as any members from the public. Now, would anybody like to give us some of your thoughts about some of the things that we should take into consideration? This is our third public hearing. We have had one in Richmond, we were in Northern Virginia last night, and the idea was to come to Tidewater. I might say that later today Senator Gartlan and I will be working in Richmond. We are going to try to come up with a working draft of some measure to have before the committees and maybe get something either by late this afternoon or maybe by tomorrow, and then we would hope the press would circulate that if we can come up with a working plan. And then the committees, we are hoping, will come back on Wednesday of next week and have a hearing on this working plan and that will give an T s v r . n p a c c n r t a t p c t m r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 1 6 17 18 19 20 21 22 23 24 25 1 PUBLIC HEARING IN RE: CONGRESSIONAL REDISTRICTING IN VIRGINIA SENATE AND HOUSE COMMITTEES ON PRIVILEGES AND ELECTIONS General Assembly Building House Room D Richmond, Virginia November 13, 1991 1:30 p .m . CAPITOL REPORTING, INC. P . 0. Box 959 Mechanicsville, Virginia 23111 Tel. No. (304) 788-4917 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 population. Any plan that accomplishes this goal impacts the present 3rd Congressional District. However, there should be no more disruption of communites of interest than is the minimum required to comply with the law. The current 3rd District has more of a community of interest and compactness than most congressional districts. The localities of Henrico, Chesterfield, and the City of Richmond share most of the same concerns and perspective on issues because many residents of each locality work, shop, or attend church in one or the others. Regional cooperation between the three localities has steadily improved over the years. The citizens are served by the same radio, television, and newspapers. There is a commonality between people in each county and the city. It is my strong feeling and hope that this community of interest and the compactness be preserved in the newly drawn 3rd Congressional District. If the boundaries of our district must expand, then they should expand to include communities which border the district and which 15 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 also share common interests. It is clear that the interest of the voters in an area are best served when they are represented by a single Congressman. While some areas must be split into two districts, it is very detrimental to effective representation when they are split into three. I wish to thank you for the opportunity to submit this statement and hope you will consider substantial changes in the draft plan to more effectively preserve communities of interest. HR. GARTLAN: Congressman, do you have any, I don't know if the committee has any, but do you have any time f c r questions? HR. BATEMAN: I'll be glad to. MR. GARTLAN: Are there questions of members of the joint committee of Congressman Bateman? Seemingly not. Thank you. HR. BATEMAN: Thank you very much. MR. GARTLAN: The next preregistered witness is the Honorable Fhilip Hamilton, member of the House of Delegates. HR. HAMILTON: Good afternoon, Hr. Chairman and other distinguished members of the CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 Joint Committee. I come before you today to express my concerns with proposed plans for congressional redistricting. My concerns are twofold. First, the recent General Assembly elections reflected heightened voter confusion and apathy. In Newport News with the number of split precincts created, many people chose not to participate in the electoral process. At a time when public sentiment has grown against partisanship of government, we should be making every effort to reduce the perception of blatant partisanship and improve government effectiveness. While campaigning for reelection this fall, I was surprised at the discontent created by the legislative redistricing that occurred earlier this year. I believe this discontent resulted in less voter participation because of lack of voter confidence in our ability to carry out the process of government. Secondly I'm concerned with the draft proposal because of its impact on Newport News and the entire Virginia peninsula region. Under the proposal, Newport News would be represented CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 by three congressmen. Some say this will increase our political clout in Congress. To them I say not likely. More is seldom better. I believe this proposal so fragments the state's forth largest city that Newport News and the peninsula become lost in the representative shuffle. Given the possible political scenario of this plan, my city could well be represented by a congressional representative from Richmond, Norfolk, and southside Virginia. How much political clout will Newport News and the Virginia peninsula have if this occurs? Redistricting is a political process, and political partisanship will always rule the day regardless of the political party in power. In evaluating this plan, the potential representative effectiveness for localities and communities of interest should be the guiding principal of any adopted plan. No plan will be perfect or even satisfactory to all parties involved. I would hope that strong consideration be given to preserving the continuity, integrity, and community of interest in Newport News and the CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 congressional districts. The fractionalization of representation within that congressional district would place Newport News in far less standing as compared to other municipalities. MR. CROSHAW: Further question. Have you ever had a problem with, I appreciate your answer, but what I want to know is has anyone ever called you, one of your citizens, and said because there were three state representatives, have you ever had a citizen complaint that they were confused about who to go to for constituent service? MR. DUVAL: No, I have not had a call complaining about service received by our delegation or any confusion on that matter. MR. CROSHAW: Thank you. MR. DUVAL: Any other questions, Mr. Cha i rman ? MR. GARTLAN: Mr. Melvin. MR. MELVIN: Mr. Mayor, one of my concerns has been that the Norfolk Naval Shipyard and Newport News Shipbuilding not be in the same congressional district. In looking at the working plan, I see that the Norfolk Naval CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 Shipyard is going to be in the 4th District under this plan that's before us today. Where would Newport News Shipbuilding be, which congressional district? MR. DUVAL: Under the proposed plan? MR. MELVIN: Yes, MR. DUVAL: Be under the 1st and perhaps part of the 3rd. I don't have the breakdown of the streets, and it ranges five miles of _our city along the coast line. MR. MELVIN: Thank you. MR. DUVAL: But I share your concern about having a single congressman representing both shipyards, and I think you are appropriately concerned about that fact. Any other questions, Mr. Chairman? MR. GARTLAN: No, that's it. Thank you very much. MR. DUVAL: Thank you very much. MR. GARTLAN: The next witness is the Honorable Dale W . Dover, mayor of the City of Falls Church. MR. DOVER: Thank you, Mr. Chairman, Honorable Members of the Joint Committee. On behalf of the 9,578 some odd constituents of 28 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to want to work to help the black community of this area can propose a step which in all likelihood will have the effects of, one, threatening our position in Congress, and two, ultimately contributing to putting many minority workers on the street without a job. Thank you for the opportunity to present the views of Newport News Shipbuilding. I'll be pleased to take any questions. MR. GARTLAN: Are there questions of Ms. Cooper? MS. COOPER; Bob, a couple things I want to ask you about. I don't think anyone is more keenly interested in keeping people at work and making sure that our area gets its fair share. I would be curious to know how many facilities such as yours that abut the Chesapeake Bay that are actually clumped into one district and the one congressional would be represented by one congressman. I think it's crucial that we keep that in mind. I think Mr. Melvin mentioned it a few minutes ago. In other words, making sure that we have enough congressional voice by, in other words, how many shipyards are in the third, how 39 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 16 17 18 19 20 21 22 2 0 24 25 many shipyard's perhaps, or NASA or whatever, are in the 4th. I think that that needs to be a driving factor here because we have got to keep our people at work. HR. TERRELL: Well, the answer, if I understand the question, most of the facilities of Newport News Shipbuilding are presently in the 1st District. The people who work at the shipyard would be represented by three congressmen in Newport News, two in York County. Our people come from that area. As far as the principal office of the shipyard, that would be in the 3rd District as proposed by this working draft. MS. COOPER: Well, for instance, what other Naval yard would reside in the 3rd, what other Air Force facility? In other words have we pumped noticeably all facilities in one particular congressional district? I think that needs to be strongly looked at as we go about amending this plan, and again it's just a draft, and I think there has to be amendments made to it because I think a lot of people are dissatisfied with it. MR. TERRELL: I think there's a 40 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 17 18 19 20 21 22 23 24 25 47 second, I guess, no, It doesn't either, it takes a little bit of the 4th, that's right, it doesn't take the 2nd. I just don't know whether that, you know, I'm not a legislator and I'm not privy to the computer's spinout, but I think what we are trying to say is that there are many advantages to the strength that we have in terms of representation, and hopefully that representation will continue. MR. GARTLAN: All right, thank you, Mr. Terrell. Next witness is Daniel A. Carrell or Carre 11? MR . CARRELL: Carrell. HR . GARTLAN: Carrell. Daniel Carrell, Esquire of the City of Richmond. MR CARRELL: Thank you very much, Mr. Chairman, ladies and gentlemen of the Joint Committee. My name is Dan Carrell. I live and practice law in the City of Richmond, but I am not here today in a representative capacity, I'm here today solely as a citizen of the 3rd District, 3rd Congressional District where I have lived for 20 years, 18 of which have been within CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 t h e C i t y o f R i c h m o n d i t s e l f . I o n l y w a n t a f e w m o m e n t s o f y o u r t i m e , a n d I t h a n k y o u f o r t h e o p p o r t u n i t y t o s p e a k a f e w w o r d s t o y o u . H y c o n s c i e n c e w o u l d n o t p e r m i t me t o e n g a g e i n t h e n o r m a l f o r m o f c i t i z e n a p a t h y t o w a r d p r o c e e d i n g s o f t h i s k i n d . I f e l t c o m p e l l e d t o s t e p f o r w a r d a n d t o e x p r e s s my v i e w s a s a c i t i z e n . I m i g h t s a y t h a t t h e s e v i e w s a r e s h a r e d b y t h e o t h e r s t h a t I h a v e m a n a g e d t o t a l k w i t h a b o u t t h i s m a t t e r i n t h e l a s t f e w d a y s . I n a w o r d my p o s i t i o n i s t h a t t h e w o r k i n g d r a f t i s a n o u t r a g e . I t i s a p p a l l i n g t o t h e c e n s u s o f a n y f a i r m i n d e d c i t i z e n a n d an a f f r o n t t o s o u n d g o v e r n , men t . To t a k e o n e e x a m p l e , t o s p l i t t h e m e t r o p o l i t a n a r e a o f t h e C a p i t o l o f t h e C o m m o n w e a l t h a n d t o t a k e p o r t i o n s o f t h a t a r e a a n d c o n n e c t t h e m w i t h c o u n t i e s f r o m S h e n a n d o a h a n d A c c o m a c k i s p o s i t i v e l y l u d i c r o u s . I t s e r v e s n e i t h e r b l a c k n o r w h i t e n o r c i t i z e n s o f a n y o t h e r c o l o r . A n d I r e m i n d y o u t h a t t h i s p l a n w i l l u l t i m a t e l y be r e v i e w e d b y t h e A t t o r n e y G e n e r a l o f t h e U n i t e d S t a t e s , a n d i n c l u d e d i n t h e CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 q 10 11 12 13 14 15 1 5 17 18 19 20 21 22 23 24 25 49 consideration within that view among other criteria is the following: The extent to which the plan departs from objective redistricting criteria set by the submitting jurisdiction, ignores other relevant factors such as compactness and contiguity, or displays a configuration that inexplicably disregards available natural or artificial boundaries, and that's paragraph eight from volume 28 of the Code of Federal Regulations, Section 51, 59. Paragraph F, I'm sorry. The editorial in last night's News Leader I think put it best, and I might interject in view of the reference to the editorial on Mr. 3all that I'm not interested in who prepared the plan. I'll only interested in its contents. The editorial said, among other things, that the redistricting proposal violates every aspect of compactness, contiguity, and community of interest. They would sever the ties between individual congressmen and their constituents. The inevitable result of districts lacking geographic, ethinic, or historic cohesion is apathy. If the General Assembly wants to discourage citizens from voting, then it CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 certainly should approve the map as drawn. The proposed districts would hurt the political enterprise. They treat voters not as constituents with concerns, opinions, and needs, but as nameless numbers to be exploited for crass partisan ends. The roles are reversed. The citizens are the servants; the politicians, the masters. Ladies and gentlemen, I find this to be an assault on the principles of representative democracy, and I would urge that you scrap this plan and move on to something that carries us toward the role of reason. Thank you. MR. GARTLAN: Any questions? MR. QUILLEN: Just one point. If you look at the NAACP plan, I think, if I understand your criticism, whether it would be the 3rd or anything, you would be in the black district created either by the NAACP plan, or in particular I think in the plan here that you have before you. I mean I think as I understand it, the City of Richmond has in the NAACP plan 142,000 otal population of which 105,000 is black, and the plan that we have before us today is 142,000 of which 105,000 is black, so I think CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 same. I misunderstood. Thank you. HR. GARTLAN: All right. Mr. Tony Dominquez, Prince William County. MR. DOMINQUEZ: Thank you, Mr. Chairman. I'm here as a common citizen, just a common man or woman. I do not represent any special interest, I do not represent any party specifically, I just came here as an individual that have deep concern. I have a written statement which goes as follows-. Honorable Committee Members, I take this opportunity to bring to your attention my concern with regard your endeavor of remapping the congressional political landscape of the Commonwealth of Virginia, especially Prince William County, my local jurisdiction. Before going further, I would like to say thanks for given us the opportunity to address the issues before you. Unlike in the budget, the common man and woman have at least, excuse me, have at least the opportunity to express cur view. According with the working draft map for the plan and the table showing the locality and population on each district, the committee placed CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 the new 11th Congressional District across five county and three cities. One of those counties is Prince William. I came to ask for the opportunity to have the local leadership to represent us in Congress since Prince William County and the cities of Manassas and Manassas Park population has increased enough in the past ten years to a grand total of 250,377 individuals. Given the facts that the ideal population for each congressional district is 562,487, the population growth means that the whole county could be contained in half of the new congressional district. Prince William Icunty during the past decade have paid the price of having two congressional districts which in combination with the local political environment has divided the county into what is known as east or west end, having created a harmful status quo. Northern Virginia have enough population to accommodate a better congressioniil alignment. There is no doubt about the fact that most of you still have burning hands from the backfire effect of the gerrymandering during the last General CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 Assembly redistricting. The congressional district is, the congressional district plan, excuse me, working draft released on November 8th is an insult to Virginians, it is political retribution, and grossly unfair. It divide communities into three or more districts, and it was not only an abuse of trust, but an insult to the citizen intelligence . Furthermore, it seems to be the priority of this committee is to perpetuate incumbency and the placement of partisanship over statesmanship. It is clear to us that all incumbent will remain in the general district area with most of the urban area in the heart of the district, and they, excuse me, and you are trying to fulfill the law by creating a new district in Northern Virginia and one with a black majority. This is nothing but a fake maneuver to deprive the common man and woman such as myself in Northern Virginia or any minority in the new black district to be elected. Due to the geographic and to the extent of those districts it would be physically and financially impossible to win one of them. CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 generally discussed. That is not to say that a district something lower than this might not be a viable black majority district in this part of Virginia. HR. GARTLAN: Mr. Quillen. MR. QUILLEN: I understand what you are saying is can be analysis made of these plans that probably would give you more refined evidence as to whether or not they comply, but really the district that we had before you, there is really considerbly ...inaudible... by the Justice Department as the district that you have now before us with a 61, which is basically higher numbers than what we did in the legislative re apportionment, is that correct? MR. WILLIS: First of all I don't want to predict what Justice Department would do. If you submitted a 62 percent plan and we had a 66, we would probably write a letter to the Justice Department saying we think you did better, and I'd like to think that the Justice Department would listen to us, but they didn't before. MR. QUILLEN: What concerns me about this plan, if I look at the localities that you have gone into which are somewhat different, you CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 17 18 19 20 21 22 2 3 24 25 88 whose names come later, Senator Scott-- Delegate Murphy and Senator Bobby Scott. I understand Senator Andrews that Mr. Murphy wanted to speak after you nave spoken, and it would be my intention after we hear Mr. Guest, because he has been on this list from the beginning virtually, that we then hear the rest of the nonlegislative witnesses, then with the exception of Mr. Murphy, the legislative members who are not members of the committee, and then the committee. All right, Mr. Guest. MR. GUEST: Am I suppose to be here or off to the side? Mr. Chairman and Members of the Committee, my late mama always told me you should try to start off by saying something nice about what's before you, so therefore I will say that unlike the House of Delegates plan which cut Rockingham County, nice rural community, into four pieces, this working paper only cuts them in half. Now we have got the nice stuff out of the way. MR. GARTLAN: We are grateful for your mother's admonition. HR. GUEST: Yes. Looking at the CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proposed 10th District and the proposed 7th District in particular, I notice that the gentleman who will be succeeding your committee colleague, Senator Truban, in office, will be serving districts that are in two congressional districts. Then I saw much to my chagrin that also Delegate Hiller and I have the same problem. We would be serving folks either in the 10th and the 7th or the 7th and the 6th Congressional Districts. And we really have enough meetings to go to without ...inaudible.... Going down the list of your communities, I must note that it says part, and part, and part, and part in every single district. Now if we are looking at community of interest and we are looking at contiguity, we need fewer parts and more entities, especially in the smaller rural districts which do not make up a district in and of themselves that become a minor splinter of what is a larger congressional district. I'll have to say that we all had a good laugh when the gentleman from Massachusetts whose name was put forth, but I would have to say also that the thinking of the National Democratic 89 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Party has to have pervaded this committee because this plan has the squiggles and the blips and bloops and cutouts that we might expect to see in the California plan around the San Francisco Bay area, perhaps in New Jersey, perhaps in Chicago or elsewhere, but certainly outside thinking did pervade this plan. And the partisan part which says looking back over the results in the House of Delegates race, and the reaction to that partisan gerrymander plan says go ahead and throw me in the briar patch, the problem is that the people will be stuck with what is finally enacted for the next ten years unless the court somehow or another decides that perhaps they would want to intervene in what is taken to be a partisan political game. The 7th District the way it is proposed seems to squeeze through one, two, perhaps three small sphincter-1 ike valves to get from one end to the other. That's not trying to put together compactness or the contiguity or the unity of interest in the people. The 1st District is somewhat indescribable. In polite company it's almost to 90 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 94 HR. EPSTEIN: A zero deviation? HR. CROSHAW: Population deviation. HR . EPSTEIN: Maybe you could explain further. HR. CROSHAW: You don't know what deviation means? HR. EPSTEIN: I know what deviation means, but -- HR. CROSHAW: Federal courts ruled in congressional redistricting there can't be variation in population numbers essentially, and at a very very minuscule level there is a presumption that the deviation is too wide, so therefore when you are doing congressional redistricting, even more so than legislative redistricting where there are more seats, there are bound to be divisions in communities because mathematical precision is required, and that's by federal courts and the federal Justice Department. HR. EPSTEIN: We don't have any problem with that, but when you look at the City of Newport News when you divide that up into three congressional districts, I think that's where we seriously have a problem. Hopefully the other CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 make a request, I don't think this was made of staff. MR. GARTLAN: I think the question has passed you by, Mr. Harris. Thank you very much. And we appreciate it. Further question. I'm sorry, Mr. Croshaw. MR. CROSHAW: Mr. Chairman, I would simply like to request that maybe counsel in making their analysis that not only the numerical analysis be done but some voting history be done for minority candidates in those districts, because I'm not a believer that numbers alone will ever create any kind of minority representation, and I think that also is a scrutiny of the federal courts, so I think it_ ought to be in addition to numerically both past voting history in those areas. MR. GARTLAN: All right. All right, now along with legislative members of the audience, Senator Scott. MR. SCOTT: Mr. Chairman, I just had a couple of brief comments. One was to add, to get in line behind everybody else on the peninsula that had problems with Newport News being split two ways, and furthermore the split was frankly 103 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 24 25 along an unnatural line, I'm not sure exactly where the line was, but Mercury Boulevard, maybe Harpersville Road, maybe J. Clyde Morris, maybe Oyster Point Road would be clear demarcations that people would understand. I'm not sure exactly where this line came in. But people don't see any constructive purpose being served with Newport News being divided twice into three different parts. Second is the configuration in the 3rd, proposed 3rd Congressional District creates a district in terms of compactness that is, I think you have heard comments from others in Newport News, is unreasonably not compact. Certainly the Voting Rights Act doesn't require that land area, the ACLU, the NAAC? and others have shown configurations that are much more compact. And finally I'd like to add my voice to those made by Delegate Melvin and Curtis Harris that a 65 percent, even a 60 percent district is more than, way more than enough to create an effective majority, minority majority in a district, and that we should look if possible to see, to look at the possibility of a second district being drawn perhaps in the area most of 104 CAPITOL REPORTING, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 IN T'Br UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION DONALD MOON and ROBERT SMITH vs. M. BRUCE MEADOWS, et al. CA# 3:95 CV942 April 18, 1996 . 7 Richmond, Virginiav ■* ) r \ The deposition of DONALD MOON, taken at the instance of the defendants, before Kathleen M. Harrison, a Notary Public for the State of Virginia at Large, beginning at 1:15 p.m., at the offices of Hirsh, Robinson, Sheiness & Glover, 700 East Main Street, Richmond, Virginia; said deposition taken pursuant to the Federal Rules of Civil Procedure. COOK & WILEY, INC. Registered Professional Reporters Post Office Box 14582 Richmond, Virginia 23221 (804) 359-1984 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 questions and you responded, is that it? A Yes. Q Any other radio appearances, TV appearances? A No. Q You gave us your address earlier in Hampton. About how many houses are on your street? A Probably someplace between 30 and 40. Q How many black families live in houses on your street? A One for sure I know right on the end of the street. If you turn the corner, there is another black family. Q How long have you lived in Hampton? A In Hampton itself 35 years. Q Where did you live before Hampton? A Newport News. Q How about before Newport News? A United States Navy. Q Based in Newport News? A Well, based all over the world but principally out of Hampton Roads. Q You were born where? A Salinas, California. Q When did you then first move to Virginia? A 1945. Q Was that in the military or your family came here? COOK & WILEY, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 8 Q Are you a member of a church in Hampton? A Yes. Q What church would that be? A Bethany United Methodist Church. Q Where is that church located? A On Todds Lane. That’s the best I can do. Q How many members — well, not members. But on an average Sunday, how many folks attend your church? A I'd say several hundred. Q On an average Sunday, how many black people attend church at your church? A Half a dozen or so including the mixed blood pastor's two children. Q The mixed blood pastor's two children, is that what you said? A He's adopted two children. Q The pastor is of mixed blood or his children are? A His children. Q Do you belong to any social or civic organizations at Hampton? A I belong to the Republican party of Hampton. Q There is a separate city party? A It's a city committee. I guess I'm still a member of Big Brothers, Big Sisters, the Virginia peninsula. You want only those in Hampton? COOK & WILEY, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 8 Q clause? In what form did you make that plea for poverty A Voice. Q I mean in a meeting to the executive board? A Yes. Q Is there any such poverty clause for attending conventions? A Sometimes yes, sometimes no. Q What determines whether there is or is not? A A vote of the unit that's issuing a call for convention. Q Have you ever participated in the redistricting process for any legislative body? A The 1991. I guess I attended the meetings in '90 as an interested spectator and as a person who wanted to speak but didn't get a chance. Q You said you attended meetings regarding the 1990. What meetings were those? A The committees from both the senate and house that were acting on redistricting. Q Were these meetings or legislative sessions? A Both. Q The sessions here in Richmond? A Yes. Q Did you attend any public hearings? COOK & WILEY, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 A No. Q Did you present any plans during any part of the 1990 redistricting process? A No. Q Am I correct that during the 1990 redistricting process, you were the Third Congressional District Committee or was that after? A I was Congressional Committee after the redistricting. Q To your knowledge were there any plans put forth in the legislature by Republican members of the General Assembly? A I have no knowledge of that. I'm sure there were but I couldn't quote it. Q So you had no contact with Republican legislators during the redistricting process? A Other than hearing me hollering and screaming. Q You were hollering and screaming about what? A That's a phrase. Other than me speaking against it. Q And what form did you speak against it? A Just speaking out wherever they'd listen to me and let me speak, which wasn't too often because the hearings were mostly closed. Q Which hearings are you referring to? A Legislative hearings on the redistricting. Q Who was your state senator at the time? COOK & WILEY, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION DONALD MOON ) and ROBERT SMITH, ) )Plaintiffs, ) )V. ) No. 3:95 CV 942 )M. BRUCE MEADOWS, ) )Defendant, ) )and ) )CURTIS W. HARRIS; et al., ) )Defendant-Intervenors. ) DEPOSITION UPON ORAL EXAMINATION OF ROBERT ALEXANDER SMITH, TAKEN ON BEHALF OF DEFENDANT-INTERVENORS Norfolk, Virginia April 19, 1996 ZAHN, HALL & ZAHN London, England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 effect — in existence. Q. And what percentage of the students at those schools that you just named were black? A. Titustown was mixed, because students from the military compound known as Benmorell attended there as well. Of course, you/re talking about something some 35 years ago. But it was a mixed class there, but there were more blacks than whites; I can state that. Lindenwood was exclusively black, as was Jacox. From a racial standpoint, the first white instructor I encountered was at Jacox. Granby High School was, I would say, was predominantly white when we integrated in '70, though there had been some minimal integration previously. My aunt attended Granby, so that's how I can speak towards that. Q. And when you were growing up — you live in the same neighborhood, you said, where you grew up? A. Yes. Q. Yeah. When you were growing up, how many — well, about how many houses or people live on the street where you live or lived as a child? Is it independent houses or apartment buildings -- A. Well, no. It's all independent houses. Q. Okay. I'll ask it in terms of houses. ZAHN, HALL & ZAHN London, England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 About how many houses on your street? A. Fifteen. Q. Okay. And to the best you can recall, when you were a child of those, how many white families lived in those houses? A. None. Q . And today, how many white families live in the houses on your street? A. No white families, but there is a white resident who is living with a young man on that street. Q . Do you have children? A. Yes. I have a nine-year-old son. Q . And where does he go to school now? A. Sherwood Forest Elementary. Q . And is that in your neighborhood or — A. No, no. My son -- my son's mother and I are divorced, and they live maybe five miles from where I live. Q . Do you belong to a church here in Norfolk? A. Yes, I'm a — Q . And what church would that be? A. Mount Olive Baptist Church. Q . And where is that church located? A. In Lindenwood a whole block from where I live. Real convenient. As a matter of fact, the original church was right across the street from where I live. ZAHN, HALL & ZAHN London, England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 Q. Didn't have to get up too early to get to service, do you? A. No, I didn't; no, I don't. Q. That's good. On an average Sunday, how many folks attend church at Mount Olive Baptist? A. Oh, between — I'd say between 125 and 150. Q. And on an average Sunday, how many white people attend church at your church? A. None, on an average. Q. Are there predominantly white Baptist churches here in Norfolk? A. Yes. Q. What would some of those be? A. Oh, let's see. There's — this may sound bad, because I guess this is kind of the state of religion in this country, that I can't, off the top of my head — I mean, there's First Baptist of Norfolk, but — and that is predominantly white. There are black members there. I know people who are members there that are black. Freemason Street Baptist Church in downtown Norfolk. Q. That's a predominantly white church? A. Yes. There's Tabernacle Church which is on Granby Street here in Norfolk. And there's another — I can't think of the name. It's on South Newtown Road here ZAHN, HALL & ZAHN London, England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 Q. Okay. A. The third district convention. Q. Okay. And were you required to pay a registration fee to attend that convention? A. Yes. Q. Did you pay that yourself, or did a political campaign pay that for you? A. I paid myself. I wrote my check that day, as a matter of fact. Q. Did you attend prior nominating conventions where a fee was required? A. Yes, ma'am. Q. Has it been required at every convention you've attended? A. Yes, ma'am. I think it's as part of the party bylaws, fees are incumbent. Q. Have you ever participated in the redistricting process for a legislative body? A. No. Q. Did you participate in the 1980's state redistricting process? A. Other than being included in the census, no. Q. Did you participate in the 1990's reapportionment process in any way? A. No. London, ZAHN, HALL & ZAHN England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 Q- Did you attend any public hearings about congressional redistricting? A. No. Q. Did you present any plans to the legislature or to your elected representatives? A. Nope. Q. Did you follow the redistricting process? A. Yes, I did. Q. And how did you follow the redistricting process? A. Primarily through the media reports. Q. Did you attend any legislative sessions in Richmond? A. No, ma'am. Q. To your knowledge, did Republican members of the General Assembly put forward any congressional redistricting proposals? A. To my knowledge, I would have to say no, because I — I mean, just to my knowledge, no. I don't recall them putting forth any, in light of the fact that they were minority in both houses. It would have been an exercise in futility anyway, but that's neither here nor there. Q. So it's your view that a political minority — the exercise — the attempt to participate in the ZAHN, HALL & ZAHN London, England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 A. Okay. And that is a predominantly white neighborhood, but there are some blacks. As a matter of fact, one of the school board members who's a friend of mine lives over there. Q. And before it was raised, was that a predominantly black neighborhood? A. No. It was really — it was rather equally mixed at that time. Q. I believe you indicated that you followed the 1990s redistricting process primarily through the newspapers — A. Yes, ma'am. Q. — is that true? Do you know to what extent partisan politics factored into that process? A. I don't know the extent to which it factored into it, but to dismiss partisan politics as part of the ■— as having an impact I think would be naive. Both state houses and the governor's office were occupied by Democrats. And if anyone knows anything about the inner-workings of the Virginia General Assembly under the control of the Democrats, Republicans have been treated, to use a phrase like "red-headed stepchildren." And when it came — whether you're talking about committee assignments or the introduction of legislation, they have ZAHN, HALL & ZAHN London, England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 been voiceless. Basically, until recently, as Republicans have begun to gain more parity in the House of Delegates — I mean, well, in the General Assembly. Excuse me. Q. Would you agree that there are significant socioeconomic differences between blacks and whites in Virginia? A. No. Because I've had occasion to observe blacks and whites at both ends of the socioeconomic spectrum. I would -— I would agree that in Norfolk there is a great — as a matter of percentage of population, more blacks are at the — at the lower socioeconomic scale than probably whites. Q. We talked about your public school education here in Norfolk. From your experience, was race segregation in the schools, was that readily embraced in the city of Norfolk? A. I'm familiar with the massive resistance in the sense that I've read on it. I was too young to go to school at the time. As far as the embracing of racial segregation, I would say that it was an accepted practice, pretty much so like you segregate — racial segregation in churches is an accepted — it's practiced. My take on the circumstances of racial segregation in any — and especially if you talk about the incorporation of a city, is that the key to it for me is ZAHN, HALL & ZAHN London, England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 95 that. We are Republicans who are black who feel the need to be able to associate freely with others of our ilk. Q. What does your identity as blacks imply in terms of the rest of the parties? Is there any implication in terms of the rest of the Republican party? A. I would — my response to that would be the same in relation to her question (indicating) about the Republican members who belong to the congressional black caucus, and that is the attitude is basically: so what. Q. That's your — A. No. That's their attitude towards us: so what. I mean, we are still Republicans, but we don't have an agenda that is exclusive to the larger agenda of the — of the — of the Republican Party of Virginia. Q. In 1989, your election campaign that was run, you indicated that you won your precinct. I'm curious as to what sources did you use to analyze your voting results? A. Well, the Virginian Pilot prints a election aftermath summary every year, and so basically it's just a line item. You look down the precincts and you see how you did. And the only one that I won in '89 was Lindenwood. Q. Okay. Did you have any other political assistance or analysts working for you at that time? A. Before or after the election? ZAHN, HALL & ZAHN London, England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 96 Q. Before the election and after the election. A. No. Because I, one, I didn't have the money to do so and, number two, I think — I think a lot of the hired guns in politics are a waste of money. Q. Did you consult anyone — A. No. Q. -- regardless of payment? A. No, I didn't. I was working as an independent. I think that one needs to clarify that. And when you talk about the political spectrum, most people gravitate to one or the other of the two major parties. So there really wasn't anyone out there for me to consult. Now, I will say that some of my Republican friends approached me about running as a Republican, and I made an attempt to do that, but the then-chairman in the city of Norfolk refused to let me apply to be nominated. So I ran as an independent, and I beat her candidate. Q. What was the basis of that refusal? A. Racism. Q. Within the Republican party? A. With this person. Q. With this person? A. Yes. Q. And what was the race of that person? A. White. London, ZAHN, HALL & ZAHN England Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 redistricting. Q. On what do you base — A. That's the way the districts were drawn, quite simply. They drew him out. It's — trust me. That is a very old and established political practice. You reward your friends; you punish your enemies. And they put two Republicans in the same district. Q. When you say “they," you are referring — A. The Democratic legislature in Virginia. And Mr. Allen lost his seat, so he ran for governor instead. Q* In response to Interrogatory Number 4, you were asked to identify any lay witnesses that you may call at the trial. You indicated yourself and Mr. Moon and no other witnesses had been identified at that time. Are you personally aware of any other lay witnesses that are available for trial? A. No, ma'am. Q. Okay. Have you engaged in any efforts A. — recruit? Q. -- recruit any? A. No, ma'am. Q. You attended Old Dominion University? A. Yes, ma'am. Q. And Norfolk State University? A. Yes, ma'am. London, ZAHN, HALL England & ZAHN Norfolk, Virginia Tel. (804) 627-6554 Fax (804) 625-7077 ATTACHMENT 15 LEGISLATIVE HISTORY OF 1991 VIRGINIA CONGRESSIONAL REDISTRICTING As outlined recently in prior submissions for Virginia's state legislative redistricting plans, the advance preparation for the decennial congressional and legislative redistricting began in 1986 when the General Assembly established a Joint Reapportionment Committee to plan for 1991 redistricting. The Joint Committee subsequently authorized participation in Phases I and II of the U.S. Census Bureau precinct redistricting project, space allocation, and acquisition of a computer-assisted mapping and redistricting system. The Constitution of Virginia, in Art. II, § 6, recognizes that both state legislative and congressional districts must be redrawn in 1991. The election schedule in Virginia required elections in 1991 from newly drawn state legislative districts, however, while post-redistricting congressional elections will not be held until 1992. Because of this election schedule, the General Assembly first redistricted the state legislative dis tricts and scheduled congressional redistricting to begin in November, 1991. This Attachment provides a chronology that identifies the legislative actions and proposals resulting in the enactment of the new congressional district boundaries in Chapter 6, 1991 Va. Acts (Spec. Sess. II) ("Chapter 6") on December 9, 1991, and their final approval by Governor Lawrence Douglas Wilder on December 11, 1991. November 1990 through January 1991 In November 1990, the Virginia Division of Legislative Ser vices published and circulated estimated population statistics for each congressional district in its redistricting newsletter, Drawing the Line (Issue 2). In January 1991, Virginia received notice that it would gain an 11th congressional seat. Official 1990 census statistics for the existing congressional districts were published and circu lated in January 1991 in Drawing the Line (Issue 3). See Plan C0003000. [Each congressional redistricting plan is identified by a plan number beginning with the letter "C." The TABLE at the end of this chronology lists each plan, its sponsor, the date the plan was introduced or made public, its plan number, and the black percentage of total population and voting age population ("VAP") for each majority black district in the plan.] In House Joint Resolution No. 282, the 1991 Regular Session of the Virginia General Assembly established November 18, 1991, as the date to reconvene in special session to redraw congres sional district boundaries. August 1991 through September 1991 In August 1991, the chairmen of the Privileges and Elections Committees of the Virginia Senate and House of Delegates, Senator Joseph V. Gartlan, Jr. (D-Fairfax County) and Delegate Ford C. Quillen (D-Scott County), directed committee staff to invite the National Association for the Advancement of Colored People ("NAACP"), the American Civil Liberties Union ("ACLU"), and -2- Virginia's congressional delegation to use the General Assembly's computer-assisted redistricting system for preparing suggested congressional district plans and to submit plans for the Commit tee's consideration in advance of the November 18 Special Session of the General Assembly. The committee chairmen also scheduled the first joint public hearing on congressional redistricting for Friday, October 11, 1991, and directed that widespread advance notice be given for the hearing, which was done. October 11, 1991, Public Hearing The Virginia NAACP and ACLU presented similar proposals for one majority black congressional district combining black popula tion concentrations in urban areas (Henrico County and the Cities of Richmond, Petersburg, Norfolk, Newport News, Hampton, Ports mouth, and Chesapeake) linked by more rural areas along the James River. The ACLU's proposed district (CO564750) contained 66.2% total black population and 63.1% black VAP. The NAACP's draft district (CO567750) had 65.4% total black population and 62.1% black VAP. Statewide proposals were offered by 8th Congressional Dis trict Democratic Party Chairman, George Rawlings, and American Party Chairman, A1 Moore. (Subsequent analysis by committee staff demonstrated that each of these two proposals included one black majority district with approximately 54% total black popu lation . ) -3- Under each of the four proposals described above, an incum bent member of Congress resided in the black majority district — Congressman Sisisky in the ACLU, NAACP, and American Party plans and Congressman Bateman in the Rawlings plan. Delegate Kenneth Melvin (D-Portsmouth and member of the House Privileges and Elections Committee and the Black Caucus of the General Assembly) and Senator Robert C. Scott (D-Newport News and also a member of the Black Caucus) suggested that considera tion should be given to a combination of a 55% black majority district and a 45% black influence district, as an alternative to one 55% majority district. November 7 and 8, 1991 The Joint Committees conducted two public hearings, one in Northern Virginia on November 7 and a second in Tidewater on November 8, which elicited no new proposals. Later on November 8, Committee Chairmen Gartlan and Quillen released a November 8, 1991 working draft plan (C0596750) and announced that the Committees would hold a joint public hearing in Richmond on Wednesday, November 13, 1991, to receive alterna tive proposals to, and comments on, the working draft plan. Information describing the working draft plan and notice of the hearing were circulated through news releases and the Drawing the Line mailing list. The November 8 , 1991 working draft plan contained an open District 11 anchored in Fairfax County and a black majority Dis- trict 3 (61.5% total black population and 58.5% black VAP) that - 4 - included portions of Henrico County and the Cities of Richmond, Hampton, Newport News, Norfolk, Portsmouth, Petersburg, and all or portions of 11 other localities. Congressman Herbert H. Bateman (R-Newport News) resided in proposed District 3. No members of Congress were combined in any district. Under the working draft plan, District 4 contained 33.3% total black popu lation and 31.9% black VAP. Congressman Norman Sisisky (D - Petersburg) was the incumbent in District 4. November 13, 1991 The Privileges and Elections Committees of the Senate and House of Delegates met jointly at 1:30 p.m. Four new plans were introduced: 1. A new ACLU three-district plan (C0609777). In response to the working draft plan, the ACLU had drawn a proposed District 4 with a 33.0% black population (30.9% VAP) (with Congressman Sisisky as the resident incumbent) and a proposed District 3 with a 65.7% black majority (62.4% VAP) (with Congressman Bateman as the incumbent). The proposed District 4 stretched from Henry County into Virginia Beach. 2. A new NAACP three-district plan (C0608721). The NAACP revision included 33.6% black population (31.6% VAP) in its District 3 (an open seat) in southside Virginia, the area from Henry County into Chesapeake, and a 66.6% black majority (63.5% VAP) in its proposed District 1 (with Congressman Sisisky as the incumbent). - 5 - 3. A three-district proposal offered by Senator Andrews (D-Hampton) (C0605101). This proposal contained an open black majority District 11 (60.3% of total population and 57.0% VAP) , a District 1 configured similarly to existing District 1, and a District 2 using portions of the City of Norfolk and all of the City of Virginia Beach. Under the Andrews proposal, Congressmen Bateman and Owen B. Pickett (D-Virginia Beach) were incumbents in Districts 1 and 2, respectively. 4. A statewide proposal offered by Delegate John C. Watkins (R-Chesterfield) (C0565590). The Watkins proposal con tained a black majority District 11 (65.5% of total population and 62.3% VAP). Delegate Watkins offered the plan with the understanding that the black majority seat was an open district ( in fact , Congressman Sisisky ' s precinct was included in the district) and that no incumbent congressmen were combined in any district. At this meeting, there was further discussion of the possi bility of creating two districts with majority or close-to-major- ity black population concentrations. Delegate Quillen commented that he would prefile the working draft plan to have it available for House Privileges and Elec tions Committee consideration at a meeting Sunday, November 17. Senator Gartlan advised that the Senate Privileges and Elections Committee would meet at 10:00 a.m. on Monday, November 18, to consider the plan contained in the working draft and proposed revisions to it. -6- November 14, 1991 Delegate Quillen prefiled House Bill No. 4001, the November 8, 1991 working draft plan (CO596750). Delegate Watkins prefiled House Bill No. 4002 (C0611590), a slightly revised version of the plan he had presented on November 13. November 17 and 18, 1991 The House Committee met November 17 and heard comments and testimony on the working draft plan. The Senate Committee met November 18 and took under advisement a number of suggested revisions in the working draft plan. Senator Kevin G. Miller (R-Harrisonburg) filed Senate Bill No. 2003 (C0642126) and presented it to the Senate Privileges and Elections Committee. This proposal incorporated Senator Andrews' three-district proposal (including a 60.3% black majority dis trict) into a statewide proposal. It also differed significantly from the working draft plan in the Richmond and Northern Virginia areas. At an afternoon House Privileges and Elections Committee meeting on November 18, 1991, Delegate Watkins presented a revised plan (C0637590) which was drawn to incorporate various revisions discussed in earlier committee meetings. The black majority District 11 contained 65.8% total black population and 62.6% black VAP. Delegate Melvin filed a two-district proposal drawn by com mittee staff to approach, as closely as possible, two 55% black majority districts (C0640517). The black percentages for the two - 7 - districts were 55.7% (52.8% VAP) and 52.1% (49.4% VAP). On behalf of the Black Caucus, Delegate Melvin reported that the caucus was seeking a 60% black majority district and 45%+ black influence district in the areas covered by the two districts. November 19, 1990 - Senate Privileges and Elections Committee The Senate Privileges and Elections Committee began its afternoon meeting with a staff review of a revised working draft plan entitled "Amendments to Working Draft" (CG628118). This plan incorporated a number of changes discussed earlier in Com mittee meetings affecting Patrick County, the District 1 and 3 boundary in Newport News and Hampton, Norfolk precincts, and Falls Church. The plan included an open District 3 with a 61.1% black majority (58.1% VAP) and retained an open Northern Virginia District 11. Congressman Bateman was the incumbent in District 1. Congressmen Bliley and Allen were combined in Dis trict 7 . Senator Charles L. Waddell (D-Loudoun) presented a plan (C0648136) which combined Senator Andrews' three-district plan with elements of Senator Miller's plan and combined Congressmen Bliley and Allen in a central Virginia District 3. Under Senator Waddell's Plan, both the black majority District 11 and the newly drawn District 7 would be open seats. Senator Elmo G. Cross, Jr. (D-Hanover) proposed amendments to combine Senator Andrews' three-district plan with elements of the original working draft plan and to redraw Districts 4, 7, 10, and 11. - 8 - The Committee rejected the Kevin Miller, Waddell and Cross proposals and reported the amended working draft plan (C0628118) with amendments proposed by or on behalf of Senators Madison E. Marye (D-Montgomery) , Andrews, C. A. Holland (D-Virginia Beach), Kevin Miller, Yvonne B. Miller (D-Norfolk), and R. Edward Houck (D-Spotsylvania). The committee substitute was reported by a 10- 4 vote (Plan C0679888). The open black majority District 3 con tained a 60.9% black majority (57.9% VAP), a slight reduction due to amendments proposed by Senator Yvonne Miller for the Norfolk area. November 19, 1990 - House Privileges and Elections Committee At its morning session, the House Privileges and Elections Committee heard Delegate William P. Robinson, Jr.'s (D-Norfolk) report on the Black Caucus Plan (C0653750 ). This plan was a follow-up to Delegate Melvin's two-district plan. The Black Caucus Plan revised the working draft plan: (i) to include 60.3% black majority District 3; (ii) to increase the black percentage in District 4 to 36.8%; and (iii) to add the Eastern Shore coun ties to District 2 (to replace Norfolk population shifted to District 3). The plan differed from Delegate Melvin's Plan by retaining the working draft boundary between Districts 4 and 5 and not extending District 4 west into additional southside coun ties . In the afternoon session, Delegate Quillen presented plan C0643552 incorporating revisions to the working draft plan as a vehicle for discussion and amendment. This revised plan incor - 9 - porated changes affecting a number of localities and amendments earlier proposed to the Committee. The proposed black majority District 3 remained similar to the working draft plan (with minor adjustments affecting, for example, Richmond County and the line in the Cities of Norfolk and Newport News). Under the revision, District 3 became an open district (Con gressman Bateman was the resident incumbent in District 1, and Congressmen Bliley and Allen were combined in District 7), and District 3 contained 61.6% total black population and 58.6% black VAP. District 4 contained 32.3% and 30.8% black total and voting age populations. The Committee voted to reject Delegate Watkins' House Bill No. 4002 as its working draft, voted to adopt the Delegate Quillen's revision, and then voted on a series of amendments to that revised plan. At the conclusion of the meeting, the Commit tee reported, by a vote of 11-7, a substitute for House Bill 4001 incorporating Delegate Quillen's revision and approved amend ments. The reported substitute is Plan C0680552. The combina tion of the revised plan and approved amendments reduced the black population in District 3 to 60.4% of total population and 57.3% of voting age population. The reduction in percentages from Plan C0643552 was due primarily to an amendment by Delegate Melvin affecting Petersburg and Portsmouth precincts. November 20, 1991 - Senate The Senate convened in the morning. Substitute legislation offered by Senator Robert Russell (R-Chesterfield) (C0667146) and - 1 0 - Senator Waddell (C0648136) failed by votes of 13-25 and 17-20, respectively. The Russell Substitute was identical to Plan C0637590 offered on November 18 by Delegate Watkins in the House Privileges and Elections Committee meeting and later on November 20 on the floor of the House of Delegates. Senator Waddell's Plan was the same as the plan he previously had offered to the Senate Privileges and Elections Committee and was defeated on November 19. The Senate defeated amendments by Senator William E. Fears (D-Accomac) to move Congressman Bateman into District 3 and by Senator Cross to reunite Hanover and reconfigure major portions of the Committee Substitute Plan. Three minor amendments were approved, and the amended committee substitute passed the Senate by a 24-14 vote. November 20, 1991 - House of Delegates The House Privileges and Elections Committee received the engrossed Senate Bill 2003 (C0697750) and reported out a substi tute — the same plan (C0630552) it had earlier reported for House Bill 4001 . Action then proceeded on Senate Bill 2003 in the House of Delegates. The House rejected Delegate Watkins' Substitute (C0637590) by a 38-52 vote and adopted the Committee Substitute. It defeated two floor amendments and approved an amendment by Delegate Melvin. The effect of the Melvin amendment (C0689517) was to reverse his earlier amendment approved in Com mittee and to increase the black population in District 3 to 51.3% of total population and 58.3 VAP. The House of Delegates passed the amended substitute by a vote of 53-39. November 20, 1991 - Senate and House of Delegates Conferees The Senate and House of Delegates put the bill in confer ence. Later that night the conferees reported plan C0705552 to resolve the areas in conflict — primarily in Northern Virginia and in the Northern Neck area. District 3 was not in dispute and only was affected insofar as necessary to retain zero population deviations. As proposed by the conferees, District 3 had a 61.5% black majority of total population and a 58.5% black VAP. The conferees' report was approved 23-9 in the Senate and 50-36 in the House of Delegates. All black members were present and voted for the conferees' report except Delegate Jean Cunningham (D-Richmond) who was not present to vote. November 21 through December 11, 1991 - Governor Wilder's Substi tute Amendment Following criticism of the three-way division of the City of Richmond and Henrico County and his review of Senate Bill 2003, Governor Lawrence Douglas Wilder returned the bill to the General Assembly on December 2 with a substitute. The key elements of the Governor's substitute (C0723750) were to: (i) increase the percentage of black population in District 3 by adjustments in the City of Norfolk between Districts 2 and 3; (ii) eliminate three-way divisions of the Cities of Richmond and Newport News - 1 2 - and Henrico County; (iii) draw a more compact District 7; and (iv) reduce the population deviations among the districts. As proposed by the Governor, District 3 contains 63.98% total black population and 61.17% black voting age population. The General Assembly met on December 9. The House of Dele gates and Senate Privileges and Elections Committees met jointly for an information session on the Governor's proposal. The Senate voted to adopt the Governor's substitute by a vote of 22-16, and the House of Delegates agreed by a vote of 42- 41. All ten black members of the General Assembly were present and voted in favor of the Governor's substitute. On December 11, Governor Wilder signed Senate Bill 2003 as amended and reenrolled, and plan C0723750 became Chapter 6. - 1 3 - TABLE LIST OF CONGRESSIONAL DISTRICT PLANS Black Majority Districts Plan Name Plan Number Black Percentage Black Percentage Sponsor of Total of VAPDate Offered Population 1980 Districts C0003000 N/A N/A ACLLJ One-District Plan — 10/11/91 C0564750 66.22 63.13 NAACP Two-District Plan — 10/11/91 C0567750 65.38 62.15 Working Draft Gartlan/Quillen 11/8/91 — HB 4001 C0596750 61.51 58.56 ACLU Three-District 11/13/91 C0609777 65.74 62.39 NAACP Three-District 11/13/91 C0608721 66.61 63.47 Senator Andrews Three-District Plan 11/13/91 C0605101 60.35 57.05 Delegate Watkins Plan — 11/13/91 C0565590 65.53 62.26 Delegate Watkins Plan — 11/14/91 HB 4002 C0611590 65.63 62.37 Senator K. Miller Plan — 11/18/91 SB 2003 (introduced) C0642126 60.35 57.05 Delegate Watkins C0637590 Revised Plan 11/18/91 Floor Sub. for SB 2003 Also Senator Russell Plan — 11/20/91 Floor Sub. for SB 2003 65.81 62.64 -14- Delegate Melvin C0640517 Two-District Plan 11/18/91 55.68 52.09 52.75 49.42 Senate Committee C0628118 Amended Working Draft — 11/19/91 61.07 58.12 Senator Waddell C0648136 Plan — 11/19/91 60.35 57.05 Senate Comm. Sub. C0679888 for SB 2003 11/19/91 60.86 57.87 Black Caucus Plan C0653750 11/19/91 60.26 57.33 House Committee C0643552 Revised Working Draft — 11/19/91 61.59 58.64 House Comm. Sub. C0680552 for HB 4001 and for SB 2003 11/19/91 60.43 57.34 SB 2003 as passed C0697750 by the Senate 11/20/91 60.86 57.87 Melvin Floor C0689517 Amendment for House Comm. Sub. 11/20/91 61.28 58.30 Conferees' Report C0705552 11/20/91 61.48 58.50 Governor's C0723750 Substitute - 12/2/91 Agreed to 12/9/91 Signed 12/11/91 Chapter 6, 1991 Acts (Special Session II) 63.98 61.17 NOTE: These plans also are being submitted in computer-readable f o - 1 5 - Apr-23-96 01:1 IP tJ. G e ra ld Hebert (703) 684-3586 P . 28 U.S. Department of Justice Civil Rights Division Appellate Section P 0 . Box 66078 Washington, D C. 20035-6078 April 3, 1996 J. Gerald Hebert, Esq. 800 Parkway Terrace Alexandria, Virginia 22302 Re: Moon v. Meadows, C.A. No. 3:95CV 942 (E.D. Va.) Dear Mr. Hebert: This is in response to your request for my opinion concerning whether it would be permissible for you to work on the above-referenced case as a private practitioner. This case is a challenge to the congressional reapportionment plan in Virginia. You have indicated that you served as an attorney in the Voting Section of the Civil Rights Division until May 31, 1994. As we have discussed, the pertinent post-employment restrictions are found at 18 U.S.C. 207(a)(1) and (2). Section 207(a) (1) prohibits you from representing anyone before the government on a particular matter involving specific parties in which you participated personally and substantially while with the government. Section 207(a) (2) prohibits you for two years from representing another person on a particular matter involving specific parties which you know was pending under your responsibility for the last year of your government service. You stated in your letter that the Moon case was filed in November 1995, after you left the Voting Section. You also indicated that you do not recall having any involvement in the Voting Section's review of Virginia's congressional redistricting plan under Section 5 of the Voting Rights Act, 42 U.S.C. 1973c, while an attorney in the Voting Section. Representatives of the Voting Section have stated that they do net believe that you were involved in the Section 5 review process while in the Voting Section, and a review of the Section's files revealed no such involvement. Based on the information I have been provided, your participation in this case would appear to violate neither Section 207(a) (1) nor Section 207(a) (2) . 2 Please feel free to call me at (202) 514-2195 if you have any questions regarding this case, or any other Voting Rights Act case that you may wish to handle in private practice. Sincerely, O' / Dennis J. Dimsey & Deputy Designated Agency Ethics Official Civil Rights Division c c : William R. Yeomans Elizabeth Johnson IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA DONALD MOON and ROBERT SMITH, ) ) Plaintiffs, ) ) v. ) Civil No.3:95CV942 ) M. BRUCE MEADOWS, ) ) Defendant, ) ) and ) ) CURTIS W. HARRIS; JAYNE W. BARNARD, ) JEAN PATTERSON BOONE; RAYMOND H. BOONE; ) WILLIE J DELL; HENRY C. GARRARD, SR.; ) and GERALD T. ZERKTN, ) __________ Defendant-Intervenors._____________________ DECLARATION OF WILLIAM S. COOPER Pursuant to 28 U.S.C. Section 1746, I, William S. Cooper, make the following declaration: 1. I serve as a demographic consultant for the defendant-intervenors in this lawsuit. 2. I have a BA degree in Economics from Davidson College, supplemented with graduate work in Urban and Regional Planning at Virginia Polytechnic Institute and State University. 3. Since 1986, as an employee of the American Civil Liberties Union of Virginia, I have prepared redistricting maps in approximately 350 jurisdictions for Section 2 litigation, Section 5 comment letters, and for use in other efforts to promote compliance with the Voting Rights Act of 1965. 1 have prepared election plans for Section 2 litigation in Connecticut, Florida, Georgia, Louisiana, Maryland, Mississippi, Montana, Nebraska, North Carolina, Ohio, South Carolina, Virginia, and Tennessee. 4. I have testified at trial as an expert witness on redistricting and demographics in federal courts in the following voting rights cases: Georgia (Woodard v. Lumber City , Love v. Deal, and Askew v, City of Rome): Louisiana (Knight v. McKeithen and Reno v, Virginia): Maryland (Cane v. Worcester Countv): Mississippi (Gunn v, Chickasaw County and Ewing v, Monroe County): Nebraska (Stabler v. Thurston Countv): Tennessee (Cousins v. McWherter and Rural West Tennessee African American Affairs Council v. McWherter): and Virginia (Henderson v. Richmond County. McDaniel v. Mehfoud. White v. Daniel, and Smith v. Brunswick County). 5. In addition, I have filed declarations or been deposed in the following voting rights cases: : Colorado (Cuthair v. Montezum-Cortez ), Florida (Johnson v. DeSoto County): Georgia (Jones v. Cook County. Cofield v. City of LaGrange. and Johnson v. Miller: Louisiana (Rodney v. McKeithen and Wilson v. Town of St. Francisville): Mississippi (Clark v. Calhoun County (on remand), NAACP v. Fordice. Teague v. Attala County (on remand), and Stanfield v. Lee County): North Carolina (Lewis v. Alamance County, Gause v. Brunswick County, and Webster v. Person Countv), and South Carolina (Vander Linden v. Campbell). Census Block-Level Distribution of the African-American Population in Virginia 6. According to the 1990 census, Virginia has a population of 6,187,358, of whom 1,162,994 persons are African American. Virginia has a total voting age population of 4,682,620 and a black voting age population of 823,250. African Americans comprise 18.8% of the total population and 17.6 % of the voting age population. 7. At the request of counsel for defendant-intervenors, 1 analyzed population by race at the census block-level for all of Virginia. This analysis is based on data from the 1990 Bureau of the Census PL 94-171 data file - the complete population count file used for reapportionment of legislative districts. 2 8. Of the 144,371 populated census blocks in Virginia, there are 14,681 where African Americans comprise more than 50% of the population. The total population in these majority-black census blocks is 833,688, with a black population of 688,1 12. Thus, in Virginia, about three of five African Americans (59.17%) live in majority-black census blocks. 9. About one-quarter of the African American population, (371,262 persons or 24.29%), resides in the 8,418 census blocks that are over 90% black. About seven in 10 non-black persons, (3,575,747 persons or 71.17%) live in 70,847 census blocks that are over 90% non-black. About one-third of non-black persons (1,723,999 persons or 34.31%), reside in the 59,000 census blocks that do not contain any African Americans. Socio-Economic Characteristics of Whites and African Americans in Virginia and the Third Congressional District (104lh) 10. At the request of counsel for defendant-intervenors, 1 prepared tables and bar charts comparing socio-economic characteristics of the population by race for Virginia and the Third Congressional District (104th), I extracted the data for these tables and charts from the 1990 Census o f Population and Housing Summary Tape File 3 A on CD -RO M (Virginia) and the 1990 Census o f Population and Housing Summary Tape File 3D (1995) on CD-ROM. I formatted the data and calculated the percentages using a computer spreadsheet, Microsoft Excel fo r Windows. The bar charts were also prepared with Microsoft Excel. 11. The ten variables displayed in these tables and charts are listed below by variable ID code as defined by the Census Bureau. 3 P20. RACE OF HOUSEHOLDER BY HOUSEHOLD TYPE AND PRESENCE AND AGE OF CHILDREN P58. RACE BY EDUCATIONAL ATTAINMENT P71. RACE BY SEX BY EMPLOYMENT STATUS P82. RACE OF HOUSEHOLDER BY HOUSEHOLD INCOME IN 1989 P115A. PER CAPITA INCOME IN 1989 BY RACE PI 19. POVERTY STATUS IN 1989 BY RACE BY AGE H10, TENURE BY RACE OF HOUSEHOLDER H39, RACE OF HOUSEHOLDER BY VEHICLES AVAILABLE H45. RACE OF HOUSEHOLDER BY GROSS RENT H66. RACE OF HOUSEHOLDER BY PLUMBING FACILITIES PI 15A. PER CAPITA INCOME IN 1989 BY RACE PI 19. POVERTY STATUS IN 1989 BY RACE BY AGE H39. RACE OF HOUSEHOLDER BY VEHICLES AVAILABLE 12. The 1990 census reveals sharp socio-economic disparities between African Americans and whites in Virginia. 13. The 1990 census shows that the socio-economic characteristics for African Americans residing in the Third Congressional District mirror the low socio-economic status experienced by African Americans statewide.. 14. In 1989, per capita income for white persons in Virginia was $17,361, per capita income for African Americans in Virginia was $9,439. Per capita income for African Americans in the Third Congressional District was $8,502. 4 15. In 1989, 7.38% of white persons (342,970) in Virginia lived below1 poverty level; 22.36% of African Americans (245,972) in Virginia lived below poverty level. In the Third Congressional District, 28.34% of African Americans (98,576) lived below poverty level. 16. In 1989, 8.53%, of white children under 5 years (27,179) in Virginia lived below poverty level; 34.73% of African American children under 5 years (33,873) in Virginia lived below poverty level. In the Third Congressional District, 46.23% of African American children under 5 years (14,847) lived below poverty. 17. In 1989, 8.69% of white children 5 years of age (5,509) in Virginia lived below poverty level; 34.24% of African American children 5 years of age (6,676) in Virginia lived below poverty level. In the Third Congressional District, 46,49% of African American children 5 years of age (2,945) lived below poverty level. 18. In 1989, 8.17% of white children 6 to 11 years of age (29,351) in Virginia lived below poverty level, 30.95% of African American children 6 to 11 years of age (35,111) in Virginia lived below poverty level. In the Third Congressional District, 41.71% of African American children 6 to 11 years of age (14,936) lived below poverty level. 19. In 1989, 7.68% of white children 12 to 17 years of age (26,331) in Virginia lived below poverty level, 26.51% of African American children 12 to 17 years of age (27,202) in Virginia lived below poverty level. In the Third Congressional District, 35.07% of African American children 12 to 17 years of age (10,944) lived below poverty level. 5 20. In 1989, 6.48% of white adults 18 to 64 years of age (196,988) in Virginia lived below poverty level; 17.00% of African American adults 18 to 64 years of age (113,230) in Virginia lived below poverty level. In the Third Congressional District, 21.69% of African American adults 18 to 64 years of age (44,727) lived below poverty level. 21. In 1989, 8.58% of white adults 65 to 74 years of age (28,040) in Virginia lived below poverty level; 26.63% of African American adults 65 to 74 years of age (17,088) in Virginia lived below poverty level. In the Third Congressional District, 26.23% of African American adults 65 to 74 years of age (6,126) lived below poverty level. 22. In 1989, 15.37% of white adults 75 years of age and over (29,572) in Virginia lived below poverty level; 34.96% of African American adults 75 years of age and over (12,792) in Virginia lived below poverty level In the Third Congressional District, 31.61% of African American adults 75 years and older (4,001) lived below poverty level. 23. In 1989, 3.99% of white households (73,373) in Virginia had income of less than $5,000, 12.33% of African American households (48,234) in Virginia had income of less than $5,000. In the Third Congressional District, 16.49% of African American households (20,942) had income of less than $5,000 24. In 1989, 10.3% of white households (189,448) in Virginia had income of loss than $10,000; 23.92% of African American households (93,577) in Virginia had income of less than $10,000. In the Third Congressional District, 29.63% of African American households (37,619) had income of less than $10,000. 25. In 1989, 17.17% of white households (315,867) in Virginia had income of less than $15,000; 35.05% of African American households (137,129) in Virginia had income 6 of less than $15,000. In the Third Congressional District, 41.62% of African American households (52,849) had income of less than $15,000. 26. In 1989, the majority (67.4% or 1,240,526) of white households in Virginia had income of $25,000 or more; the majority of African American households (55.54% or 217,302) in Virginia had income of $25,000 or less. In the Third Congressional District, 61.54% of African American households (78,138) had income of less than $25,000. 27. In 1989, 51.65% of white households (950,681) in Virginia had income of $35,000 or more; 28.4% of African American households (111,118) in Virginia had income of $35,000 or more. In the Third Congressional District, 23.26% of African American households (29,540) had income of $35,000 or more. 28. In 1989, 31.99% of white households (588,808) in Virginia had income of $50,000 or more; 13.37% of African American households (52,319) in Virginia had income of $50,000 or more. In the Third Congressional District, 9.9% of African American households (12,577) had income of $50,000 or more. 29. In 1989, 13.44% of white households (247,385) in Virginia had income of $75,000 or more; 3.47% of African American households (13,589) in Virginia had income of $75,000 or more. In the Third Congressional District, 2.09% of African American households (2,651) had income of $75,000 or more. 30. In 1989, 6.06% of white households (111,563) in Virginia had income of $100,000 or more; 1.10% of African American households (4,312) in Virginia had income of $100,000 or more. In the Third Congressional District, 0.57% of African American households (724) had income of $100,000 or more. 7 31. In 1990, of 1,309,963 white family households in Virginia, 140,039 (10.69%) were female-headed households with no husband present. Of 282,714 African American family households in Virginia, 102,100 (36.1 1%) were female-headed households with no husband present. In the Third Congressional District, of 89,639 African American family households, 39,735 (44.33%) were female-headed households with no husband present. 32. In 1990, of 3,666,493 white persons 16 years and over in Virginia, 88,186 (3.51%) were unemployed, of 821,563 African American persons 16 years and over in Virginia, 47,863 (8.93%) were unemployed. In the Third Congressional District, of 258,932 African American persons 16 years and over, 16,912 (10.54%) were unemployed 33. In 1990, of 3,163,904 white persons 25 years and over in Virginia, 9,76% (308,766) had less than a 9th grade education, of 676,995 African American persons 25 years and over in Virginia, 17.43% (118,013) had less than a 9th grade education. In the Third Congressional District, of 208,540 African American persons 25 years and over, 16.13% (33,640) had less than a 9th grade education. 34. In 1990, of 3,163,904 white persons 25 years and over in Virginia, 21.71% (686,977) had less education than a high school diploma; of 676,995 African American persons 25 years and over in Virginia, 39.72% (268,893) had less education than a high school diploma. In the Third Congressional District, of 208,540 African American persons 25 years and over, 41.58% (86,715) had less education than a high school diploma. 35. In 1990, of 3,163,904 white persons 25 years and over in Virginia, a majority (51.6% or 1,632,522) had some college education or more; of 676,995 African American persons 25 years and over in Virginia, a majority (67.4% or 456,293) had a high school 8 diploma or less. In the Third Congressional District, of 208,540 African American persons 25 years and over, 69.17% (144,237) had a high school diploma or less. 36. In 1990, of 3,163,904 white persons 25 years and over in Virginia, 32.75% (1,036,123) had an associate's degree or more education; of 676,995 African American persons 25 years and over in Virginia, 15.27% (103,352) had an associate's degree or more education. In the Third Congressional District, of 208,540 African American persons 25 years and over, 13.05% (27,218) had a an associate's degree or more education. 37. In 1990, of 3,163,904 white persons 25 years and over in Virginia, 16.92% (535,216) had a bachelor’s degree; of 676,995 African American persons 25 years and over in Virginia, 7.51% (50,841) had a bachelor's degree. In the Third Congressional District, of 208,540 African American persons 25 years and over, 6.43% (13,403) had a bachelor’s degree. 38. In 1990, of 3,163,904 white persons 25 years and over in Virginia, 26.98% (853,581) had a bachelor's degree or more education, of 676,995 African American persons 25 years and over in Virginia, 11.15% (75,472) had a bachelor's degree or more education. In the Third Congressional District, of 208,540 African American persons 25 years and over, 9.2% (19,178) had a bachelor’s degree or more. 39. In 1990, of 3,163,904 white persons 25 years and over in Virginia, 10,06% (318,365) had a graduate or professional degree; of 676,995 African American persons 25 years and over in Virginia, 3.64% (24,631) had a graduate or professional degree. In the Third Congressional District, of 208,540 African American persons 25 years and over, 2.77% (5,775) had a graduate or professional degree. 9 40. In 1990, of 1,841,346 housing units occupied by white householders in Virginia, 1,296,422 (70.41%) were owner occupied and 544,924 (29.59%) were renter occupied; of 389,928 housing units occupied by African American householders in Virginia, 191,749 (49.18%) were owner occupied and 198,179 (50.82%) were renter occupied. In the Third Congressional District, of 127,647 housing units occupied by African American householders, 55,683 (43.62%) were owner occupied and 71,694 (56.38%) were renter occupied. 41. In 1990, of 1,841,346 white occupied housing units, 112,359 (6.10%) had no vehicle available; of 389,928 African American occupied housing units, 88,454 (22.68%) had no vehicle available. In the Third Congressional District, of 127,647 African American occupied housing units, 39,428 (30.89%) had no vehicle available. 42. In 1990, of 1,841,346 white occupied housing units, 19,674 (1.07%) lacked complete plumbing facilities; of 389,928 African American occupied housing units, 15,553 (3.99%) lacked complete plumbing facilities. In the Third Congressional District, of 127,647 African American occupied housing units, 1,372 (1,07%) lack complete plumbing facilities 43. In 1990, of 523,538 white renter-occupied housing units, a majority (56.58% or 296,153) had a gross rent of $500 or more, of 193,798 African American renter occupied housing units, a majority (63.89% or 123,822) had a gross rent of $499 or less. In the Third Congressional District, of 71,060 African American renter occupied housing units, a majority (77.98% or 55,415) had a gross rent of $499 or less. 10 I declare under penalty of perjury that the above is true and correct Executed at Richmond, Virginia this ;©_th day of May, 1996. William S. Cooper 1990 Census Of Population And Housing Summary Tape File 3 Summary Level: State Virginia: FIPS STATE=51 PER CAPITA INCOME IN 1989 BY RACE Universe: Persons Per capita income in 1989: White $17,361 Black $9,439 American Indian, Eskimo, or Aleut $14,049 Asian or Pacific Islander $14,022 Other race $10,249 □ Per Capita Income In 1989 By Race -- Virginia $18,000 $16,000 $14,000 $12,000 $ 10,000 $8,000 $6,000 $4,000 $2,000 $ 0 Per Capita Income Source: 1990 Census of Population and Housing 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State Virginia: FIPS STATE=51 POVERTY STATUS IN 1989 BY RACE BY AGE Universe: Persons for whom poverty status is determined Income in 1989 below poverty level: Persons % by race White: Under 5 years 27,179 8.53% 5 years 5,509 8.69% 6 to 11 years 29,351 8.17% 12 to 17 years 26,331 7.68% 18 to 64 years 196,988 6.48% 65 to 74 years 28,040 8.58% 75 years and over 29,572 15.37% All Ages 342,970 7.38% Black: Under 5 years 33,873 34.73% 5 years 6,676 34.24% 6 to 11 years 35,111 30.95% 12 to 17 years 27,202 26.51% 18 to 64 years 113,230 17.00% 65 to 74 years 17,088 26.63% 75 years and over 12,792 34.96% All ages 245,972 22.36% Poverty Status in 1989 by Race by Age -- Virginia years years years years years and over Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State Virginia: FIPS STATE=51 RACE OF HOUSEHOLDER BY HOUSEHOLD INCOME IN 1989 Universe: Households Households % by Race White: Less than $5,000 73,373 3.99% $5,000 to $9,999 116,075 6.31% $10,000 to $14,999 126,419 6.87% $15,000 to $24,999 284,477 15.45% $25,000 to $34,999 289,845 15.75% $35,000 to $49,999 361,873 19.66% $50,000 to $74,999 341,423 18.55% $75,000 to $99,999 135,822 7.38% $100,000 or more 111,563 6.06% Total 1,840,870 100.00% Black: Less than $5,000 48,234 12.33% $5,000 to $9,999 45,343 11.59% $10,000 to $14,999 43,552 11.13% $15,000 to $24,999 80,173 20.49% $25,000 to $34,999 62,904 16.07% $35,000 to $49,999 58,799 15.03% $50,000 to $74,999 38,730 9.90% $75,000 to $99,999 9,277 2.37% $100,000 or more 4,312 1.10% Total 391,324 100.00% Race of Householder by Household Income in 1989 -- Virginia $5,000 $9,999 $14,999 $24,999 $34,999 $49,999 $74,999 $99,999 Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State Virginia: FIPS STATE=51 RACE OF HOUSEHOLDER BY HOUSEHOLD TYPE AND PRESENCE AND OF CHILDREN Universe: Households Households % by Race White: Family households: Married-couple family: With own children under 18 years 515,405 39.35% No own children under 18 years 607,524 46.38% Total Married-couple Other family: Male householder, no wife present: 1,122,929 85.72% With own children under 18 years 19,768 1.51% No own children under 18 years 27,227 2.08% Total Male householder 46,995 3.59% Female householder, no husband present: With own children under 18 years 68,999 5.27% No own children under 18 years 71,040 5.42% Total Female householder 140,039 10.69% Total Family households 1,309,963 100% Nonfamily households Black: Family households: 530,907 Married-couple family: With own children under 18 years 84,485 29.88% No own children under 18 years 78,291 27.69% Total Married-couple Other family: Male householder, no wife present: 162,776 57.58% With own children under 18 years 6,909 2.44% No own children under 18 years 10,929 3.87% Total Male householder 17,838 6.31% Female householder, no husband present: With own children under 18 years 60,542 21,41% No own children under 18 years 41,558 14.70% Total Female householder 102,100 36.11% Total Family households 282,714 100% Nonfamily households 108,610 Family Household Type by Race -- Virginia Married couple, children under 18 Female householder, children under 18 Male householder, children under 18 No Children under 18 Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State Virginia: FIPS STATE=51 RACE BY EMPLOYMENT STATUS Universe: Persons 16 years and over Persons % by Race White: Civilian: Employed 2,422,537 96.49% Unemployed 88,186 3.51% Labor Force Participation 2,510,723 68.11% Not in labor force 1,175,770 31.89% Persons 16 and Over Black: 3,686,493 Civilian: Employed 488,283 91.07% Unemployed 47,863 8.93% Labor Force Participation 536,146 65.23% Not in labor force 285,737 34.77% Persons 16 and Over 821,883 N o t e : U n e m p l o y m e n t r a t e is d e f i n e d a s a p e r c e n t a g e o f t h e civ i l i a n l a b o r f o r c e . L a b o r f o r c e p a r t i c i p a t i o n r a t e is d e f i n e d a s a p e r c e n t a g e o f t h e ci v i l i a n p o p u l a t i o n o v e r 1 6 . Unemployment & Labor Force Participation Rates by Race -- Virginia Note: Unemployment rate is defined as a percentage of the civilian labor force. Labor force participation rate is defined as a percentage of the civilian population over 16. Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State Virginia: FIPS STATE=51 RACE BY EDUCATIONAL ATTAINMENT Universe: Persons 25 years and over White: Less than 9th grade 9th to 12th grade, no diploma High school graduate (includes equivalency) Some college, no degree Associate degree Bachelor's degree Graduate or professional degree Universe Black: Less than 9th grade 9th to 12th grade, no diploma High school graduate (includes equivalency) Some college, no degree Associate degree Bachelor's degree Graduate or professional degree Universe Persons % by race 308,766 9.76% 378,211 11.95% 844,405 26.69% 596,399 18.85% 182,542 5.77% 535,216 16.92% 318,365 10.06% 3,163,904 100% 118,013 17.43% 150,880 22.29% 187,400 27.68% 117,350 17.33% 27,880 4.12% 50,841 7.51% 24,631 3,64% 676,995 100% ( P e r c e n t a g e o f P o p u l a t i o n OV6rMo% 25.00% 20 .00% 15.00% 10.00% 5.00% 0 .00% Educational Attainment by Race - Virginia Less than 9th grade 9th to 12th grade, no diploma High school graduate (includes equivalency) Some college, no degree Associate degree Bachelor's degree Graduate or professional degree Source: 1990 Census of Population and Housing Summary Level: State Virginia: FIPS STATE=51 TENURE BY RACE OF HOUSEHOLDER Universe: Occupied housing units 1990 Census Of Population And Housing Summary Tape File 3A Housing Units % by Race Owner occupied: White 1,296,422 70.41% Black 191,749 49.18% Renter occupied: White 544,924 29.59% Black 198,179 50.82% t Housing Tenure by Race Virginia P e r c e n t a g e o f O c c u p i e d H o u s i n g U n i t s Owner occupied Renter occupied □ Black □ White Source: 1990 Census of Population and Housing Summary Tape 3A Summary Level: State Virginia: FIPS STATE=51 RACE OF HOUSEHOLDER BY VEHICLES AVAILABLE Universe: Occupied housing units 1990 Census Of Population And Housing Summary Tape File 3A Housing Units % by Race White: None 112,359 6.10% 1 or more 1,728,987 93.90% Black: None 88,454 22.68% 1 or more 301,474 77.32% P e r c e n t a g e o f O c c u p i e d H o u s i n g U n i t s Race of Householder by Vehicles Available -- Virginia □ Black □ White Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State Virginia: FIPS STATE=51 RACE OF HOUSEHOLDER BY PLUMBING FACILITIES Universe: Occupied housing units ____________ Housing Units % by Race White: Complete plumbing facilities 1,821,672 98,93% Lacking complete plumbing facilities 19,674 1.07% Black: Complete plumbing facilities 374,375 96.01% Lacking complete plumbing facilities 15,553 3.99% P e r c e n t a g e o f O c c u p i e d H o u s i n g U n i t s Race of Householder by Plumbing Facilities -- Virginia 4 .0 0 % -i/ / / 3 .5 0 % - / / 3 .0 0 % - / / 1 : : r i / v r • 2 .50% / ; . : 2 .0 0 % - // /// 1 .5 0 % - / 1 .0 0 % - / / / • -'V:- 0 .5 0 % - 0.00% / ' | r, □ Black □ White Lacking Complete Plumbing Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State Virginia: FIPS STATE=51 RACE OF HOUSEHOLDER BY GROSS RENT Universe: Specified renter-occupied housing units Rental Units % by Race White: Less than $200 26,690 5.10% $200 to $299 44,185 8.44% $300 to $499 156,510 29.89% $500 to $749 160,754 30.71% $750 to $999 65,419 12.50% $1,000 or more 40,659 7.77% No cash rent 29,321 5.60% Total 523,538 100.00% Black: Less than $200 32,132 16.58% $200 to $299 20,577 10.62% $300 to $499 71,113 36.69% $500 to $749 44,809 23.12% $750 to $999 11,462 5.91% $1,000 or more 3,651 1.88% No cash rent 10,054 5.19% Total 193,798 100.00% Race of Householder by Gross Rent -- Virginia P e r c e n t a g e o f R e n t e r - O c c u p i e d Source: 1990 Census of Population and Housing Summary Tape 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 PER CAPITA INCOME IN 1989 BY RACE Universe: Persons Per capita income in 1989: 1990 Census Of Population And Housing Summary Tape File 3 White $14,036 Black $8,502 American Indian, Eskimo, or Aleut $11,071 Asian or Pacific Islander $8,035 Other race $8,422 □ $16,000 $14,000 $12,000 $10,000 $8,000 $6,000 $4,000 $2,000 $ 0 Per Capita Income In 1989 By Race - 3rd Congressional District (104th) - ___________ _ Virginia _______ __ ____ Per Capita Income Source: 1990 Census of Population and Housing Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 POVERTY STATUS IN 1989 BY RACE BY AGE Universe: Persons for whom poverty status is determined 1990 Census Of Population And Housing Summary Tape File 3A Income in 1989 below poverty level: Persons % by race White: Under 5 years 1,755 13.40% 5 years 176 8.17% 6 to 11 years 1,276 11.03% 12 to 17 years 992 9.72% 18 to 64 years 9,792 8.36% 65 to 74 years 1,433 9.52% 75 years and over 1,237 12.89% All Ages 16,661 9.31% Black: Under 5 years 14,847 46.23% 5 years 2,945 46.49% 6 to 11 years 14,936 41.71% 12 to 17 years 10,994 35.07% 18 to 64 years 44,727 21.69% 65 to 74 years 6,126 26.23% 75 years and over 4,001 31.61% All ages 98,576 28.34% Poverty Status in 1989 by Race by Age - 3rd Congressional District (104th) - Virginia years years years years years and over Source: 1990 Census of Population and Housing Summary Tape 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 1990 Census Of Population And Housing Summary Tape File 3A RACE OF HOUSEHOLDER BY HOUSEHOLD INCOME IN 1989 Universe: Households Households % by Race White: Less than $5,000 4,106 5,27% $5,000 to $9,999 6,566 8,43% $10,000 to $14,999 6,954 8.93% $15,000 to $24,999 16,547 21.24% $25,000 to $34,999 14,688 18.85% $35,000 to $49,999 14,828 19.03% $50,000 to $74,999 10,219 13.12% $75,000 to $99,999 2,553 3.28% $100,000 or more 1,453 1.86% Total 77,914 100.00% Black: Less than $5,000 20,942 16.49% $5,000 to $9,999 16,677 13.13% $10,000 to $14,999 15,230 11.99% $15,000 to $24,999 25,289 19.92% $25,000 to $34,999 19,302 15.20% $35,000 to $49,999 16,963 13.36% $50,000 to $74,999 9,926 7.82% $75,000 to $99,999 1,927 1.52% $100,000 or more 724 0.57% Total 126,980 100.00% Race of Householder by Household Income in 1989 -- 3rd Congressional District (104th) - Virginia $5,000 $9,999 $14,999 $24,999 $34,999 $49,999 $74,999 $99,999 Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 RACE OF HOUSEHOLDER BY HOUSEHOLD TYPE AND PRESENCE AND OF CHILDREN Universe: Households Households % by Race White: Family households: Married-couple family: With own children under 18 years 17,072 34.76% No own children under 18 years 23,317 47.47% Total Married-couple 40,389 82.23% Other family: Male householder, no wife present: With own children under 18 years 795 1.62% No own children under 18 years 1,207 2.46% Total Male householder 2,002 4.08% Female householder, no husband present: With own children under 18 years 3,301 6.72% No own children under 18 years 3,423 6.97% Total Female householder 6,724 13.69% Total Family households 49,115 100% Nonfamily households 28,799 Black: Family households: Married-couple family: With own children under 18 years 20,883 23.30% No own children under 18 years 23,675 26.41% Total Married-couple 44,558 49.71% Other family: Male householder, no wife present: With own children under 18 years 1,799 2.01% No own children under 18 years 3,547 3.96% Total Male householder 5,346 5.96% Female householder, no husband present: With own children under 18 years 23,986 26.76% No own children under 18 years 15,749 17.57% Total Female householder 39,735 44.33% Total Family households 89,639 100% Nonfamily households 37,341 Family Household Type by Race - 3rd Congressional District (104th) - Virginia under 18 under 18 under 18 Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 RACE BY EMPLOYMENT STATUS Universe: Persons 16 years and over Persons % by Race White: Civilian: Employed 86,887 95.83% Unemployed 3,779 4.17% Labor Force Participation 90,666 63.18% Not in labor force 52,831 36.82% Persons 16 and Over 143,497 Black: Civilian: Employed 143,596 89.46% Unemployed 16,912 10.54% Labor Force Participation 160,508 61.99% Not in labor force 98,424 38.01% Persons 16 and Over 258,932 Note: Unemployment rate is defined as a percentage of the civilian labor force. Labor force participation rate is defined as a percentage of the civilian population over 16. 3rdUnemployment & Labor Force Participation Rates by Race -- Congressional District (104th) -- Virginia 70.00% 60.00% 50.00% 40.00% 30.00% 20 .00% 10 .00% 0 .00% Unemployed Labor Force Participation Note: Unemployment rate is defined as a percentage of the civilian labor force. Labor force participation rate is defined as a percentage of the civilian population over 16, Source: 1990 Census of Population and Housing Summary Tape 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 RACE BY EDUCATIONAL ATTAINMENT Universe: Persons 25 years and over 1990 Census Of Population And Housing Summary Tape File 3A Persons % by race White: Less than 9th grade 12,438 9.89% 9th to 12th grade, no diploma 20,897 16.61% High school graduate (includes equivalency) 38,061 30.26% Some college, no degree 25,282 20.10% Associate degree 6,918 5.50% Bachelor's degree 14,760 11.73% Graduate or professional degree 7,434 5.91% Universe 125,790 100% Black: Less than 9th grade 33,640 16.13% 9th to 12th grade, no diploma 53,075 25.45% High school graduate (includes equivalency) 57,522 27.58% Some college, no degree 37,085 17.78% Associate degree 8,040 3.86% Bachelor's degree 13,403 6.43% Graduate or professional degree 5,775 2.77% Universe 208,540 100% ( P e r c e n t a g e o f P o p u l a t i o n o v e r 2 5 ) Educational Attainment by Race -- 3rd Congressional District (104th) Virginia diploma (includes degree equivalency) degree Source: 1990 Census of Population and Housing 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 TENURE BY RACE OF HOUSEHOLDER Universe: Occupied housing units Housing Units % by Race Owner occupied: White 45,421 58.22% Black 55,683 43.62% Renter occupied: White 32,599 41.78% Black 71,964 56.38% I Housing Tenure by Race -- 3rd Congressional District (104th) -- Virginia P e r c e n t a g e o f O c c u p i e d H o u s i n g U n i t s Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=Q3 RACE OF HOUSEHOLDER BY VEHICLES AVAILABLE Universe: Occupied housing units Housing Units % by Race White: None 7,812 10,01% 1 or more 70,208 89.99% Black: None 39,428 30.89% 1 or more 88,219 69.11% Race of Householder by Vehicles Available -- P e r c e n t a g e o f —Virginia O c c u p i e d H o u s i n g 3rd Congressional District (104th) □ Black □ White Source: 1990 Census of Population and Housing Summary Tape 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 1990 Census Of Population And Housing Summary Tape File 3A RACE OF HOUSEHOLDER BY PLUMBING FACILITIES Universe: Occupied housing units ____________ Housing Units % by Race White: Complete plumbing facilities 77,654 99.53% Lacking complete plumbing facilities 366 0.47% Black: Complete plumbing facilities 126,275 98.93% Lacking complete plumbing facilities 1,372 1.07% Race of Householder by Plumbing Facilities -- P e r c e n t a g e o f O c c u p i e d , „ ̂ „,, , ... . . H o u s i n g u n i t s (104th) - Virginia 3rd Congressional District 1.20% 1.00% 0.80% 0.60% 0.40% 0 .20% 0 .00% Lacking Complete Plumbing □ Black □ White Source: 1990 Census of Population and Housing Summary Tape 3A 1990 Census Of Population And Housing Summary Tape File 3A Summary Level: State-Congressional District (104th) District 3: FIPS STATE=51, CONGR=03 RACE OF HOUSEHOLDER BY GROSS RENT Universe: Specified renter-occupied housing units Rental Units % by Race White: Less than $200 1,856 5.81% $200 to $299 1,858 5.82% $300 to $499 15,434 48.35% $500 to $749 9,687 30.35% $750 to $999 1,026 3.21% $1,000 or more 541 1.69% No cash rent 1,520 4.76% Total 31,922 100.00% Black: Less than $200 16,479 23.19% $200 to $299 7,352 10.35% $300 to $499 31,584 44.45% $500 to $749 12,151 17.10% $750 to $999 1,209 1.70% $1,000 or more 153 0.22% No cash rent 2,132 3.00% Total 71,060 100.00% Race of Householder by Gross Rent -- 3rd Congressional District (104th) Percentage of Renter-Occupied Vi rg i n ia Source: 1990 Census of Population and Housing Summary Tape 3A for llic seat vacated l>y the tie .1 of the incumbent. In llic February 15, 1^77. I. icraltc runoff. Mr. Johnson defeated Ins white opponent by 2 . I'Ll votes to Z.Obl.111 H owever, in the April 5. I')77. hnal eleetion. Mr. Johnson failed to. allrael any aihiitional while Mippoil, which was needed to ensure his election over Ins Republican opponent. In 4 predom inantly while precincts, he polled 25 votes in the February runoff compared to 502 votes for Ins Democratic opponent.1'* In the final election Mr. Johnson could increase Ins support in these precincts to only 4H votes, while Ins Republican opponent polled KU2 voles .11’ Mr. Johnson lost the election by over 700 vo les .11* In that election G eorgetown County elected its first Republican to the statehouse in this century.11* Virginia Shite House—Mtillimenibcr Districts The Virginia House o f Delegates elects its l(X) members from 20 single-member districts, 2K multi- member districts, and 4 lloterial districts.1** (Flolert- al districts arc single-member districts whose bound aries encompass other districts, e lec tors in these districts, therefore, vote lor candidates who will represent the lloterial district, as well as for those who will represent the other districts ) O f the 1(X) members in the house o f delegates, 4 are black.3*' 1 his level o f black representation is related in part to the fact that only one district in the entire house of delegates has a potential black voting-age m a j o r i ty. ’*’ Although blacks constitute Ib percent of the State population, and are concentrated in the south ern anil southeastern portions of the Stale, the diaw m g of legislative boundaries and the extensive use o f multunember districts has hunted black opportunities lor elected o ll ice .’*’ Cuircully, all four blacks in the Virginia House of Delegates are elected liom mullimember districts In ( lane ( inint is. " Johnson Wins |*i 1111 ■ 1 y Kimoll. ' (*«."**.(.*••*. (5 f ) /•**., , I . I. | 7 1*117 p i "* l l .m r f oiiihiis, " ^ iu i» | | U ms \ ' j i .ml Sr*t m Hi mint I .«•*(•>••» m <S( | /»*»»,» Api 17 1**77 11 | |l< 1.11 >1 itf l j i i u u r n I•' 1 th r V o.mt v ••{ ( n'oi iirioAii. I lir W lm lr N idiiI^ i «•( \ o t r i ( jm |« >1 | )isi« is 1 11H 11. •••%* of Hrpii ' scni jiiv rs •’* Ibi.l Ihul ••• llml t/iwlc of ViiRiiio. I illc 24 | . ( 12 1 I lm»i K fn d i ie k ilur> loi. Virginia Aini' iu 411 (. i ' l l I dn it ir s Ihnoii ;in«l fudv i • ohito- 1 g \inlf .111«»inr v. Vtr gnu.1 A n i r in an ( 1 s il i lU il if s Ihuoii inter s ir »s m H •< !• *#••••»• I ^ . J d n 1 1. I*/KU ( lu'ir-illc 1 1 Hril 4 \ Kt m in t W jm l ( #ol«H«« 1 g I n i n \ « 1 **' loud l 1 tilt*f Ini I'niiiit al Slmlirs. / hi Aon. •*».#/ /<mh 1 .»/ L I h , i r j rV/hi«/» '-••I IO | I**H | ), |. 2*2 *** l l‘»*j i. i .dc i. I Ii / .iIm i Ii V j n l icjim-. ami Meg Williams. I Hr •!/**«.<«.*, *•/ 5(i these p.u ocular d s is, candidates must 1 tin d is -* tnctwiile loi lim ) seven seats 111 llic house ol delegates. Since none ot these districts has a black majority, there is a tenuous d e c im a l base loi tilas k candidates As a lesult ol the lelusal ol many whiles to suppoit black candidates, only single-shot voting in the black community has 111 some instances assured black representation. In I'D'), ol the loin black delegates elected, t inee ran far behind white delegates elected in the same nmltnnembei districts In Newport News, Delegate Robert C Scott ran at least 2.5IX) votes behind the successful sslute candi dates.1*1 In Richmond, Delegates Hcni.nnm Lambert and James Christian, Jr., ran at least t.tXXI voles behind the successful while candidates.1** In fact, Mr. Christian avoided defeat by only 442 votes.1*1 Only the late William F Robinson, former delegate from Norfolk, avoided tins situation in the last bouse o f delegates election.1*" Accord ing h> Norfolk c o m munity leader Hvclyn Mutts, however, Mr. Kolunson finished first in the seven-member Norfolk district because a ceilam number of blacks voted for bun only.1** In past elections, Mr. Robinson had finished seventh m the seven-member district despite the fact lie had been endorsed by the local Democratic party.1’" efforts were made in l')7‘> to avoid tins through smgle-sliot voting.1” The piohlcm for black candidates m multunember legislative districts in Virginia is that they must gam white support or organize extensive single-shot voting campaigns in the black community, liven when blacks are part o f a slate, seeming while support is problematic. I or example. Delegates Lambert and Christian ran m the Richmond multi- member district In l ‘)7') as part o f a Democratic slate. Although tins gamed litem some while sup port, it also gave the whites on the slate mote black support.1'1 Accord ing to a study by Michael Drown o f the Vngiiua Stale Conference ol IIrauchcs, N A A C I’, one out ol tw o black votcis wippoitcd white candidates, but only one ol tluee while* volets supported a black candidate m the 1777 house of delegates race m Richmond 1 '-V'-’ I.J 1' , ‘l f t i . , (I j t o l h t m li. Vfl ll , c W ..... . , \ , i t \ . v i I xml f m l l IIt m j h r i , net /In-.I n . i , J *** Kf mil •* k mill ( tolt||>ei|( liilettievc Muli i ir l l l i tiwo. 1 <•<•«,Iniftlot. l» | ,| t u r n It .M .v .o rs , Vngnn* N A At I*, m t r r s i rw m K nlu n o n . l , V * . J.,„ | 1 | •* Kl» th«i., . l i<i , .1, ,IN Hi..wu I nit 11 t r u | *** / h r .4 I m . i m n . p |f» *•* II...I . |. 4K ’•* lltt.l '** II*mI . p w I Hulls. tiHli.tti I e m n i t i tl ( t i i / ru s l.*r ,1 I . in . zii.ui i .xr i s m m m N . n lo l l . j 5 | oh | * • Ho.I ** II-..I **' Muli . t r ! lit .m i l . •‘All Anal V MS , ,f th r Kts lun.ni.l l | . . , .vr .*1 I jtrv Ka, r tun|Mihltv|n .1 |**Mf)»,, n i: I CL T A B L E 2.1 Black Elected Officials in Southern States Covered Under the Preclearance Provisions of the Voting Rights Act, July 1980 US. State Congress legis la ture County ohfices Munic ipal o ff ices Other officials TotalSenate Mouse Senate House County qoverni.nq boa'd la w en- County forcemenl school officials board Other positions Mayor Governing body City school board Other Alabama 0 0 2 13 18 40 23 9 16 110 2 5 0 238 Georgia 0 0 2 21 20 8 31 5 7 139 12 4 0 249 Louisiana 0 0 2 10 65 34 87 1 12 1 19 4 8 1 363 Mississippi 0 0 2 15 27 77 45 34 17 143 13 14 0 357 Nonh Carolina' 0 0 1 4 18 7 42 2 13 136 16 3 5 247 South Carolina 0 0 0 14 34 20 47 5 13 86 9 1 9 238 Texas 0 t 0 13 5 18 77’ 0 5 68 0 5 4 196 Virginia 0 0 1 4 34 5 — 3 5 71 — 1 0 124 Total 0 1 10 94 24 1 209 352 59 88 872 56 41 19 2.042 ' Statewide data, in d u in g the 40 counties subject to preclearance ’ School t-oard members elected in independent school districts — Not an elective position. Source Jont Center tor Political Studies. N a u c a i Rosier ol Sleek E ec.'ec 0 “ c e s voi to ( t § s t ) Data or. Virginia succeed ty Virginia State Conference NAACP T A B L E 2.3 B lacks as Percentage of Population and Elected Offic ia ls in Southern States Covered Under the Preclearance Provis ions of the Vot ing Rights Act, July 1980 Elected officials Siaic Populaiion porcenl black. 1980 Tolal oflieials Ulack officials Number Percenl ol lotal Alabama 25 6% 4.151 230 5 7°.0 Georgia 26.0 6,660 249 3.7 Louisiana 29.4 4.710 363 7.7 Mississippi 35.2 5.271 307 7 3 Norib Carolina' 22 4 5.295 247 4.7 Soulh Carolina 30 4 3,225 230 7 4 Texas 12.0 24.720 196 0 .0 Virginia 18 9 3.04 1 124 4.1 ’ Siaiewide data. including ihe 40 counlies subject lo preclearance. S o u ic e Jom i C e n io f lo t I ’ u li l ic a l S tu d ie s . N .iim n o l H o sier o l UidC* t i le c lu d U thO dls . vu l 10 (1 9 0 1 ) Dul«ji o n V i iy i t iu s u p p lie d Dy Virginia Stalu Conlerunce NAACP T A B L E 2.4 Black Elected Off icials as Percentage of all Elected Off ic ials in Southern States Covered Under the Preclearance Provis ions of the Vot ing Rights Act, July 1980 Slale U S Slale County governing Local school Municipal qovernmcj Population peicent Cong ress leyisialute body board boa id black. 1900 Senale House Senate House Alabama 0 0°'.. 0 0% 5 7°/u 12 4U. o 6 6uo 7 l “ o 5 3“ o 25 6°u Georgia 0 0 0 0 3 6 1 1 7 3 4 5 9 5 2 26 0 Louisiana 0 0 0 0 5 1 9 5 13 2 13 4 9 4 29 4 Mississippi 0 0 0 0 3 0 12 3 6 6 10 3 10 4 3!. 2 North Carolina' 0 0 0 0 2 0 3 3 3 7 7.4 It 0 22 4 Soulh Carolina 0 0 0 0 0 0 1 1 3 1 1 7 11 6 6 7 30 4 Texas 0 0 4 2 0 0 0 7 0 5 1 0 1 '1 12 0 Virginia 0 0 0.0 2.5 4 0 6 0 — 5 2 10 9 ' Statewide data, including the 40 counties subject to preciearance. — not an elective position. S o u rce s U S O c p .ir tm o n l o l C o m m e rc e H u i im u o l ihe C e n s u s Potmi.uiy C /e»< /«*•/ O lh c n tls vo l l n o .mO Jum i C e n tu r lo r P o lit ic a l S lu J te s . N j h o i u t l H o b l c t o t L lo t l e d OUn.i.tib vo l 10 (1 'J t i t ) O u tii o n V irg in ia hy V m jim a o ia iu C o n lo ie n c e N A A C P I S T A B L E 2.10 Percentage of Vot ing Age Populat ion Reported Registered in Jur isd ic t ions Covered by Sect ion 5 of the Vot ing Rights Act, by Race and Ethnici ty, 1976 State Percent reported registered, 1976 Whito Black Hispanic American Indian/ Alaskan Native Alabama 75.4% 58.1% __ Alaska 73.0 _ 62 0%Arizona 715 _ 60.9% 40 0California" 65.3 __ 49 5 Colorado' GO 1 _ 52 8 Florida" 66 5 _ 63.7 Georgia 73.2 56.3 Louisiana 78.8 63 9 _ Michigan"' 63.7 52.4 Mississippi 77.7 67 4 Now York" 69.0 51.4 North Carolina" 63.1 40 2 65.6 South Carolina 64.1 60 6 _ South Dakota" 77.3 _ 52 7 Texas 69.4 64 0 61.1 Virginia 67.0 60.7 _ Solocted county (counties) subject to preclearanco rnthor than entire Stale. Soloctod towns subjoct to preciearance rathor than ontire Slate. — Group not covorod undor soction 5 S o u tco U S . D e p n r lm e n l o l C o m m e rc e . O iirn a u o l the C e n iu s . R e g is tr a tio n n n d V oting m N o v o m b e r 19 7 0 — J u risd ic tio n s C o v e r e d by th e V o ting R ig h ts A c t A m e n d m e n ts o l 1 9 / 5. s e n e s P -2 3 n o 74 ( iy /0 1 , la b lo s 1 e n d 2 Business, .Science & Technology Virginia Statistical Abstract 1994-95 Edition Prepared under the direction of Michael A. Spar, Ph.D. Research Associate Demographic Studies Center for Public Service University of Virginia Charlpttesville 1994 APEX'90 Award for Publication Excellence for Desktop Publications Figure 9.1 Popular Vote Cast for President in Virginia, 1984-1992 a , Source: Table 9.11 Figure 9.2 Black Elected Officials, 1991 S' i 14t 12- 10- 8-* 6-' 4- 2- 0-* - 35 . V - -> Vt s' ||| M . | /" xC -.v . % 1 1 : ' -./'sot '•V > ' *. • < :s s --- ; i|||§ r. il l • . . . , . > ; •> V • • k g ■e~ im l a i l l l a J US VA DE DC FL GA KY MD NC SC TN WV Source: Table 9.18 278 ■ 9 • Government and Elections TABLE 9.8 Black Elected Officials by Office for the U.S., Virginia, and Surrounding States: 1989-1991 1991 Tool U.S, t Stale Legislatures city ft County Offices Law Enforce. ment Education 1990 Total United States 7,445 476 4,493 847 1.629 7,335 Virginia 151 11 127 IS 149 Delaware 26 3 14 3 6 22 District d Columbia 209 4 198 7 235 Florida 184 14 127 26 17 177 Georgia 511 37 360 26 88 495 Kentucky 71 3 54 6 8 70 Maryland 132 32 71 23 6 118 North Carolina 443 19 324 24 76 453 South Carolina 405 21 246 12 126 396 Tennessee 163 14 100 25 24 149 West Virginia 25 2 19 4 25 SOURCE: U.S. Department of Conmerce, Bureau of the Cenaua. S ta tistica l Abstract a t the U nled Stales, 1991. U.S. Government Printing Office, Washington, D.C., annual. NOTES: Ae of January at each year. 'U .S . a State Legislatures' Indudee elected state adminstralori. ■City a County Offices' Indudee county commfulonert and coundlmen, mayors, vice mayors, aldermen, regional officials, and other. 'Law Enforcement* indudee judges, magistrates, constables, marshals, sheriffs, justices of the peace, and other. ‘ Education* includes members o( state education agencies, college boards, school boards, and other. TABLE 9.S Women Holding State and Local Public Offices for the U.S., Virginia, and Surrounding States: 1975-1992 Statewide Elective Executive Office, 1992 Stats Legislature, 1992 County Governing Boards, 1988 . " T " Municipal Council M anibafs, 1985 " 1984 . ..To tal II 1975 Total United States 60 1,375 1,653 14,672 17,077 16,083 6,997 Virginia 1 17 49 211 248 226 132 Delaware 1 8 2 57 66 55 33 District d Columbia (NA) (NA) (NA) 7 6 6 3 Florida 1 30 51 311 366 395 204 Georgia 34 28 251 252 262 93 Kentucky 8 17 450 456 34 Maryland **• 44 21 133 195 157 92 North Carolna 25 45 337 418 332 174 South Carolina 1 22 36 184 189 127 84 Tennessee 15 .117 144 212 196 96 West Virginia 28 11 202 209 204 135 SOURCES: U.S. Department at Commerce, Bureau of the Cenaua. Statistical Abstract a t the Undsd States, 199Z U.S. Government Printing Office, Washington, D.C., annual; U.S. Department of Commerce, Bureau d the Census. State and M etropolian Ares Data Book, 1966. U.S. Government Printing Office, Washington, D.C„ 1986. NOTES: 'Statewide Elective Executive Office' as of July. Exdudas women elected to the judiciary, women appointed to state cabinet-level positions, women elected to executive poets by the legislature, and eiacted members ot university Board ot Trusteas or Boards d Education. NA—N d applicable. ■ 285 8 |