City responds to concerns about LU polling place

Editor’s note: The Champion received this letter in response to Chancellor Falwell’s letter to the Lynchburg City Council asking what could be done to solve the Heritage Elementary precinct overcrowding issue before the November elections.

A response to the Chancellor

The Chancellor recently sent the members of City Council the attached email concerning the creation of a new voting precinct and polling place for Liberty University voters. I was not copied on the email, but I have been asked to respond on behalf of the City. The Chancellor’s email requested that City Council go ahead and create the new precinct and polling place prior to the upcoming Nov. 11 elections. There seems to be some confusion as to whether or not City Council can create a new precinct and polling place for Liberty University voters without the prior approval of the United States Department of Justice.

The creation of a new precinct and polling place requires the prior approval of the Justice Department. The Virginia Division of Legislative Services’ “Guide to Local Redistricting for 2011” that was created to assist local governments in the redistricting process specifically advises that “Every redistricting ordinance, precinct ordinance, and change in polling places must be precleared before it can be implemented or used to conduct elections.” It is not possible for City Council to create a new precinct and polling place for Liberty University voters without the prior approval of the Justice Department.

In addition to approval by the Justice Department the Code of Virginia also imposes certain requirements that must be met in order to create a new precinct and polling place. These requirements are as follows:

● Notice of the proposal to create a new precinct and polling place must be published in a local newspaper of general circulation for two successive weeks prior to the adoption of the ordinance creating the new precinct and polling place (§24.2-306(A.), Code of Virginia).

● Changes in local election precincts and polling places must be enacted 60 or more days before an election (§24.2-306(A.), Code of Virginia).

● Preclearance approval must be received from the Justice Department at least 30 days before an election (§24.2-313(A.), Code of Virginia).

● The registrar must mail notice of a precinct and polling change to any voters impacted by the change at least 15 days before an election (§ 24.2-306(B.), Code of Virginia).

Given the time requirements of the Virginia Code and the time that is needed for preclearance approval by the Justice Department (the Justice Department has 60 days to act on a preclearance request), it is not possible to advertise the proposed creation of the new precinct and polling place, adopt the necessary ordinance, submit the ordinance to the Justice Department for preclearance approval, receive approval from the Justice Department and send the necessary notices to the impacted voters prior to the November 2011 elections.

Early in the redistricting process, City Council unanimously agreed to support the creation of a new voting precinct and polling place for Liberty University voters. It was also the consensus of Council that all the ordinances needed as a result of the redistricting process — (i) adjusting the boundaries of Wards II and III (ii) relocating one of Ward III’s polling places (iii) adjusting boundaries to coincide with the state senate districts and (iv) creating a new precinct and polling place for Liberty University voters — would be adopted at the same time and would be submitted to the Justice Department as a comprehensive package. City Council and staff were of the opinion that it would be more efficient and effective to ask the Justice Department to review and approve the City’s redistricting plan as a complete package rather than asking the Justice Department to review and approve various components of the plan on a piecemeal basis.

During the redistricting discussions the Registrar’s Office advised that it had developed plans for the Heritage Elementary School Precinct to handle the anticipated voter turnout for the November 2011 elections. As a result of these plans the Registrar’s Office did not believe the turnout for the November elections would create any significant problems for voters. It was always planned that the proposed redistricting changes would take effect after the November 2011 elections, but in time for the May 2012 elections. During the public redistricting discussions, no one suggested that creating the new precinct and polling place for Liberty University votes should be handled separately from the other proposed redistricting changes.

The timetable for the redistricting process was shared with City Council and the public and no concerns were raised. The proposed deadlines for the public hearing, the adoption of the necessary ordinance and the submission to the Justice Department are consistent with the City’s past redistricting practices. In fact, the timetable for the redistricting required by the 2010 census is proceeding at a faster pace than some of the City’s previous redistricting plans. For example, the City adopted the redistricting ordinances that were required as a result of the 2000 census on April 9, 2002 and submitted its redistricting plan to the Justice Department on April 15, 2002. The current redistricting efforts are well ahead of that timetable.

In summary, the City cannot establish a new voting precinct and polling place for Liberty University voters without the prior approval of the United States Department of Justice. Given the requirements of the Virginia Code and the time allotted to the Justice Department for a preclearance review, it is not possible to create the new precinct and polling place prior to the upcoming November 2011 elections. At the very beginning of the redistricting process the City agreed that it was appropriate to create a new voting precinct and polling place for Liberty University voters and there have been no delays in the creation of the new precinct and polling place. The timetable that was developed always planned that the creation of the new precinct and polling place for Liberty University voters would be included as part of the City’s comprehensive redistricting submission to the Justice Department and that all of the redistricting changes would take effect after the November 2011 elections, but in time for the May 2012 elections.

I was informed that a copy of the Chancellor’s email to City Council was published in a recent issue of the Liberty Champion. The City is requesting that this response to the Chancellor’s email also be published in the Liberty Champion so that everyone will have accurate information concerning the redistricting requirements and the City’s redistricting efforts.

Walter C. Erwin, III
Lynchburg City Attorney

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