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1 Written Testimony of Michael Li and Yurij Rudensky, Brennan Center for Justice, on H. B. 1256, Virginia Senate Committee on Privileges and Elections, February 25, 2020 [1] (2020)

handle is hein.brennan/wtmliyr0001 and id is 1 raw text is: BRENNAN CENTER Written Testimony of Michael Li and Yurij Rudensky Brennan Center for Justice at New York University School of Law on H.B. 1256 Virginia Senate Committee on Privileges and Elections Senate Room 3 February 25, 2020 The Brennan Center for Justice at New York University School of Law appreciates the opportunity to testify on House Bill 1256, which would create an advisory commission to draw maps for consideration by the Virginia General Assembly, starting in 2021. The Brennan Center is a non-partisan law and policy institute that works to improve our nation's systems of democracy and justice. Redistricting reform has long been an integral part of this mission. Over the years, we have partnered with Republican and Democratic lawmakers and grassroots advocates to promote independent, community driven, and transparent redistricting. We offer this testimony to highlight similarities and key differences between H.B. 1256, as it has been amended, and other redistricting reform proposals currently before the General Assembly. H.B. 1256 would be a meaningful improvement on the current redistricting process. At present, both legislative and congressional redistricting in Virginia takes place through the regular legislative process, with comparatively few statutory or constitutional limits on how maps are drawn. This means that when the General Assembly and the Governor are of the same political party, as has frequently happened, maps can be passed on a party-line basis and that the mapdrawing process can be abused to aggressively target political opponents or undermine the political strength of communities of color, in particular African Americans. Even when control of Virginia government is divided, as it was in 2011, the resulting maps have sometimes been highly discriminatory and have had to be redrawn under court order after litigation. Although the original filed version went further in creating an independent process, H.B. 1256, as currently amended, would improve on the status quo by statutorily giving initial mapdrawing responsibility to an advisory commission that would include citizen commissioners and by setting out detailed criteria to be used in drawing maps, establishing rules on who can serve as a citizen commissioner, among other provisions related to public input and transparency. Maps drawn by the commission would be submitted to the General Assembly for a up or down vote and would be subject to a gubernatorial veto. Brennan Center for Justice at New York University School of Law 120 Broadway, Suite 1750 New York, NY10271

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