Belt and suspenders

The most important actions taken at the Tuesday, August 6 meeting of the Goochland Board of Supervisors were adoption of a new electoral map amending the boundary line between Goochland and Louisa Counties to reflect the boundary which is derived from parcel boundaries, and adoption of a boundary line agreement between Goochland and Louisa Counties, which recognizes where property owners pay taxes and receive services.

Adopting both maps simultaneously was described as a “belt and suspenders” approach to resolving the issue of disenfranchised voters by Goochland County Attorney Tara McGee. She explained that there is a taxing boundary, which determines where people pay taxes and receive services, and a census boundary, determined by the United States Census Bureau. These lines are determined by two different processes and determined by two different entities.

But, McGee said, “there is no guarantee under law that these two boundaries are the same,” which is the case for a portion of the Goochland/Louisa line. The actions before the supervisors were designed to align the taxing boundary and the census boundary. If the boundary of a county changes, the “freezing” of precincts on February 1, as mandated by the census bureau, does not apply and they can be amended, said McGee.

The new parcel boundary map matches current electronic data that both counties submitted to the U.S. Census Bureau this year in preparation for the upcoming decennial census in 2020. McGee’s staff also learned that localities are entitled to update their census borders annually.

Goochland Supervisors unanimously approved a boundary line agreement between Goochland and Louisa Counties. The Louisa Board of Supervisors approved an identical agreement, but not unanimously, on August 5. This agreed boundary line recognizes where property owners currently pay taxes and receive services, is consistent with the border used by both localities’ GIS systems, and is the boundary both localities recently submitted to the US Census Bureau. The Goochland County Attorney’s office prepared the agreement.

After both items were approved by both counties, a petition was filed with Goochland Circuit Court requesting an order recognizing the changes.  A court order provides a separate legal foundation to reassign voters if the order is issued before September 5. Only the general registrar and electoral board have the authority to return misplaced voters to the jurisdiction where they pay taxes and receive services belongs. It is hoped that a court order recognizing the boundary mutually agreed upon by both Goochland and Louisa counties will be viewed by the registrars and electoral boards as legal grounds to return voters to the jurisdiction where they pay taxes and received services.

The bulk of the work to determine a precise boundary was done by Geographic information systems (GIS) departments of both counties. These (GIS) maps, McGee said, are drawn using actual land records, surveys, deeds, and maps filed in county courthouses. Coordinates for each parcel, three hundred total entries, were included, which, McGee said, is an acceptable basis for boundary identification under state law.

These actions will not resolve all issues. There are still approximately ten parcels—described by McGee as “donut holes”—surrounded by the other county. Those will need separate action in the future.

Electoral Board Secretary Robin Lind rose in support of both items and said he was extremely impressed by the work of McGee and her staff on the matter. Lind said, if these are enacted, he is “well assured that we will bring our people home.”

Wendy Hobbs, District 2 supervisor candidate, also supported both motions. She commended the board for demonstrating its ability to look for solutions to the problem; making voters a priority; and proposing a corrected boundary line this year rather than waiting until the 2021 post census redistricting.

“I want to thank you for moving this issue in the right direction. You spent a lot of time and effort addressing this. I had confidence that this board could do something to make this right for our citizens. This impacted everybody. While we don’t have final solution, when we put citizens first, we all win. I commend you for doing something when people said you couldn’t do anything. You’ve done something to move the meter in the right direction and I look forward to our people moving back to Goochland to vote where they belong,” said Hobbs.

McGee gave credit for the legal initiatives to her staff. Kalli Jackson, assistant county attorney, brought the boundary line petition to fruition when McGee was out of the office for medical reasons. Paralegal Christina Neale went line by line to make sure the ordinance was accurate. Her staff, she said, did a deep dive into the law searching for a legal remedy.

The 46-page petition to the Circuit Court has been posted on the county website  http://www.goochlandva.us/  next to the calendar. It contains an impressive amount of detail, including maps, and is testament to the hard work by all involved.

Affected voters have been notified by mail of the actions. A hearing on the petition will take place in Goochland Circuit Court at 2 p.m. on August 20.

While there is no guarantee that this initiative will reverse the disenfranchisement for many voters, the hard work and ingenuity of all involved to find a solution to this problem is commendable.