§ 24.2-304.1. At-large and district elections; reapportionment of districtsor wards; limits.
A. Except as otherwise specifically limited by general law or special act,the governing body of each county, city, or town may provide by ordinance forthe election of its members on any of the following bases: (i) at large fromthe county, city, or town; (ii) from single-member or multi-member districtsor wards, or any combination thereof; or (iii) from any combination ofat-large, single-member, and multi-member districts or wards. A change in thebasis for electing the members of the governing body shall not constitute achange in the form of county government.
B. If the members are elected from districts or wards and other than entirelyat large from the locality, the districts or wards shall be composed ofcontiguous and compact territory and shall be so constituted as to give, asnearly as is practicable, representation in proportion to the population ofthe district or ward. In 1971 and every ten years thereafter, the governingbody of each such locality shall reapportion the representation among thedistricts or wards, including, if the governing body deems it appropriate,increasing or diminishing the number of such districts or wards, in order togive, as nearly as is practicable, representation on the basis of population.
C. For the purposes of reapportioning representation in 2001 and every tenyears thereafter, the governing body of a county, city, or town shall use themost recent decennial population figures for such county, city, or town fromthe United States Bureau of the Census, which figures are identical to thosefrom the actual enumeration conducted by the United States Bureau of theCensus for the apportionment of representatives in the United States House ofRepresentatives, except that the census data for this apportionment purposewill not include any population figure which is not allocated to specificcensus blocks within the Commonwealth, even though that population may havebeen included in the apportionment population figures of the Commonwealth forthe purpose of allocating United States House of Representatives seats amongthe states. In any county, city, or town containing a state adultcorrectional facility whose inmate population, as determined by theinformation provided by the Department of Corrections, on the date of thedecennial census exceeded twelve percent of the total population of suchcounty, city, or town according to the decennial census, the governing bodyof such locality may elect to exclude such inmate population for the purposesof the decennial reapportionment.
D. Notwithstanding any other provision of general law or special act, thegoverning body of a county, city, or town shall not reapportion therepresentation in the governing body at any time other than that requiredfollowing the decennial census, except as (i) provided by law upon a changein the boundaries of the county, city, or town which results in an increaseor decrease in the population of the county, city, or town of more than onepercent, (ii) the result of a court order, (iii) the result of a change inthe form of government, or (iv) the result of an increase or decrease in thenumber of districts or wards other than at-large districts or wards. Theforegoing provisions notwithstanding, the governing body subsequent to thedecennial redistricting may adjust district or ward boundaries in order thatthe boundaries might coincide with state legislative or congressionaldistrict boundaries; however, no adjustment shall affect more than fivepercent of the population of a ward or district or 250 persons, whichever islesser. If districts created by a reapportionment enacted subsequent to adecennial reapportionment are invalid under the provisions of thissubsection, the immediately pre-existing districts shall remain in force andeffect until validly reapportioned in accordance with law.
(1995, c. 249; 2000, c. 884; 2001, Sp. Sess. I, c. 6; 2002, c. 127.)
§ 24.2-304.1. At-large and district elections; reapportionment of districtsor wards; limits.
A. Except as otherwise specifically limited by general law or special act,the governing body of each county, city, or town may provide by ordinance forthe election of its members on any of the following bases: (i) at large fromthe county, city, or town; (ii) from single-member or multi-member districtsor wards, or any combination thereof; or (iii) from any combination ofat-large, single-member, and multi-member districts or wards. A change in thebasis for electing the members of the governing body shall not constitute achange in the form of county government.
B. If the members are elected from districts or wards and other than entirelyat large from the locality, the districts or wards shall be composed ofcontiguous and compact territory and shall be so constituted as to give, asnearly as is practicable, representation in proportion to the population ofthe district or ward. In 1971 and every ten years thereafter, the governingbody of each such locality shall reapportion the representation among thedistricts or wards, including, if the governing body deems it appropriate,increasing or diminishing the number of such districts or wards, in order togive, as nearly as is practicable, representation on the basis of population.
C. For the purposes of reapportioning representation in 2001 and every tenyears thereafter, the governing body of a county, city, or town shall use themost recent decennial population figures for such county, city, or town fromthe United States Bureau of the Census, which figures are identical to thosefrom the actual enumeration conducted by the United States Bureau of theCensus for the apportionment of representatives in the United States House ofRepresentatives, except that the census data for this apportionment purposewill not include any population figure which is not allocated to specificcensus blocks within the Commonwealth, even though that population may havebeen included in the apportionment population figures of the Commonwealth forthe purpose of allocating United States House of Representatives seats amongthe states. In any county, city, or town containing a state adultcorrectional facility whose inmate population, as determined by theinformation provided by the Department of Corrections, on the date of thedecennial census exceeded twelve percent of the total population of suchcounty, city, or town according to the decennial census, the governing bodyof such locality may elect to exclude such inmate population for the purposesof the decennial reapportionment.
D. Notwithstanding any other provision of general law or special act, thegoverning body of a county, city, or town shall not reapportion therepresentation in the governing body at any time other than that requiredfollowing the decennial census, except as (i) provided by law upon a changein the boundaries of the county, city, or town which results in an increaseor decrease in the population of the county, city, or town of more than onepercent, (ii) the result of a court order, (iii) the result of a change inthe form of government, or (iv) the result of an increase or decrease in thenumber of districts or wards other than at-large districts or wards. Theforegoing provisions notwithstanding, the governing body subsequent to thedecennial redistricting may adjust district or ward boundaries in order thatthe boundaries might coincide with state legislative or congressionaldistrict boundaries; however, no adjustment shall affect more than fivepercent of the population of a ward or district or 250 persons, whichever islesser. If districts created by a reapportionment enacted subsequent to adecennial reapportionment are invalid under the provisions of thissubsection, the immediately pre-existing districts shall remain in force andeffect until validly reapportioned in accordance with law.
(1995, c. 249; 2000, c. 884; 2001, Sp. Sess. I, c. 6; 2002, c. 127.)
§ 24.2-304.1. At-large and district elections; reapportionment of districtsor wards; limits.
A. Except as otherwise specifically limited by general law or special act,the governing body of each county, city, or town may provide by ordinance forthe election of its members on any of the following bases: (i) at large fromthe county, city, or town; (ii) from single-member or multi-member districtsor wards, or any combination thereof; or (iii) from any combination ofat-large, single-member, and multi-member districts or wards. A change in thebasis for electing the members of the governing body shall not constitute achange in the form of county government.
B. If the members are elected from districts or wards and other than entirelyat large from the locality, the districts or wards shall be composed ofcontiguous and compact territory and shall be so constituted as to give, asnearly as is practicable, representation in proportion to the population ofthe district or ward. In 1971 and every ten years thereafter, the governingbody of each such locality shall reapportion the representation among thedistricts or wards, including, if the governing body deems it appropriate,increasing or diminishing the number of such districts or wards, in order togive, as nearly as is practicable, representation on the basis of population.
C. For the purposes of reapportioning representation in 2001 and every tenyears thereafter, the governing body of a county, city, or town shall use themost recent decennial population figures for such county, city, or town fromthe United States Bureau of the Census, which figures are identical to thosefrom the actual enumeration conducted by the United States Bureau of theCensus for the apportionment of representatives in the United States House ofRepresentatives, except that the census data for this apportionment purposewill not include any population figure which is not allocated to specificcensus blocks within the Commonwealth, even though that population may havebeen included in the apportionment population figures of the Commonwealth forthe purpose of allocating United States House of Representatives seats amongthe states. In any county, city, or town containing a state adultcorrectional facility whose inmate population, as determined by theinformation provided by the Department of Corrections, on the date of thedecennial census exceeded twelve percent of the total population of suchcounty, city, or town according to the decennial census, the governing bodyof such locality may elect to exclude such inmate population for the purposesof the decennial reapportionment.
D. Notwithstanding any other provision of general law or special act, thegoverning body of a county, city, or town shall not reapportion therepresentation in the governing body at any time other than that requiredfollowing the decennial census, except as (i) provided by law upon a changein the boundaries of the county, city, or town which results in an increaseor decrease in the population of the county, city, or town of more than onepercent, (ii) the result of a court order, (iii) the result of a change inthe form of government, or (iv) the result of an increase or decrease in thenumber of districts or wards other than at-large districts or wards. Theforegoing provisions notwithstanding, the governing body subsequent to thedecennial redistricting may adjust district or ward boundaries in order thatthe boundaries might coincide with state legislative or congressionaldistrict boundaries; however, no adjustment shall affect more than fivepercent of the population of a ward or district or 250 persons, whichever islesser. If districts created by a reapportionment enacted subsequent to adecennial reapportionment are invalid under the provisions of thissubsection, the immediately pre-existing districts shall remain in force andeffect until validly reapportioned in accordance with law.
(1995, c. 249; 2000, c. 884; 2001, Sp. Sess. I, c. 6; 2002, c. 127.)
