Why Am I Still Confused on this Proposed Election System Referendum Issue?

That's understandable, it's a complex issue. Let's break it down.

The City would like to thank the more than 800 residents who have recently voiced their opinion via SpeakUpVB and the 30+ residents that came in person to the April 15 public hearing on a proposed charter change referendum regarding our election system.

This proposed referendum asks whether the public wishes to request the General Assembly to amend the City Charter to reflect the 10-1 election system used in the 2022 and 2024 elections or to retain the 7-3-1 system stated in the Charter as amended by general law in 2021. City Council will vote May 6 on whether or not to move forward with adding this drafted referendum question to the November 2025 ballot.

If you are new to the area, or just now diving a little deeper into this topic, it’s easy to feel confused, because our local election system is a complex issue with lots of history. We want Virginia Beach residents to feel informed and confident about voicing their opinion on any topic, but especially one that is as important as how we elect our local council members.

Here is some additional background that we hope helps to clarify some confusion and skepticism on the current state of our election system and why City Council is considering a referendum on the 2025 ballot.

Background on City Charter

For starters, Section 3.01 of the City Charter states that the City Council “shall consist of eleven members, including the mayor, one member to be elected by the city at large from the residents of each of the seven districts and three members and the mayor to be elected by and from the city at large.”

In 2021, the Virginia General Assembly adopted a general law stating that when a city imposes district-based residency requirements for members of a city council, the member elected from each district shall be elected solely by the qualified voters of that district, rather than by the locality at-large.

Consequently, representatives of the seven districts referenced in the City Charter would be elected only by voters living in those districts, rather than at-large (city-wide). This is known as the modified 7-3-1 system, referring to seven district representatives, three at-large representatives, and one mayor. Although the all at-large 7-3-1 system described in the Charter was used for many years, because of the events described below, no election has been held under the modified 7-3-1 system.

Background on Federal Court Ruling

In March 2021, a federal court ruled that the all at-large election system in the City Charter (prior to the 2021 general law change) diluted the voting power of a coalition of minority voters in violation of federal law. In December 2021, that court imposed a voting system consisting of 10 districts, each represented by a council member elected by the voters of that district, plus a mayor elected at-large (“the 10-1 system”).

The federal court order imposing the 10-1 system was vacated in July 2022 because of the 2021 general law change. However, it was too late to change the election system for the 2022 election, and that election used the 10-1 system.

Background on Redistricting Ordinance

In 2023, to comply with a state law that requires each city to adopt an ordinance establishing its election districts once every decade based on decennial census data, the City hired the University of Virginia’s Weldon Cooper Center to facilitate a public engagement program and conduct a statistically valid public opinion survey regarding the election system.

Based on the Cooper Center’s findings, in August 2023, the City Council adopted a redistricting ordinance implementing the 10-1 system and that system was used again in the 2024 election. The City Council requested the General Assembly amend the Charter to reflect the 10-1 system in its 2024 session; however, this amendment was vetoed by Gov. Glenn Youngkin.

To put it plainly...

The purpose of this proposed referendum is to address the conflict between the Charter and the City’s redistricting ordinance. A “yes” vote would re-submit the 10-1 Charter amendment to the General Assembly. A “no” vote would indicate a desire to use the modified 7-3-1 system in future elections.

Next Steps for Council

City Council will vote May 6 on whether or not to move forward with adding this drafted referendum question to the November 2025 ballot. Increasing opportunities for residents to provide input to City leadership before major decisions are made has been a key initiative for City Council. Residents still have time to provide their input on this important matter on or before May 3 via text, phone, email or online survey.