                                 CODE OF VIRGINIA

ESTABLISHMENT OF DISTRICTS BY THE SUPREME COURT OF VIRGINIA (§ 30-399)

A. In the event the Commission fails to submit a plan for districts by the
deadline set forth in subsection A or B of &#xA7; 30-397, or the General
Assembly fails to adopt a plan for districts by the deadline set forth in
subsection C or D of &#xA7; 30-398, the Supreme Court of Virginia (the Court)
shall be responsible for establishing the districts.

B. The Court shall, not later than March 1 of a year ending in one, enact rules
and procedures as may be necessary for implementing the requirements of Article
II, Section 6-A of the Constitution of Virginia, empowering the Court to
establish congressional or state legislative districts as provided for in that
section. In enacting such rules and procedures, the Court shall follow the
provisions of this section.

C. Public participation in the Court&#8217;s redistricting deliberations shall
be permitted. Such public participation may be through briefings, written
submissions, hearings in open court, or any other means as may be prescribed by
the Court.

D. The Division of Legislative Services shall make available staff support and
technical assistance to the Court to perform those duties as may be requested or
assigned to it by the Court.

E. Any plan for congressional or state legislative districts established by the
Court shall adhere to the standards and criteria for districts set forth in
Article II, Section 6 of the Constitution of Virginia and &#xA7; 24.2-304.04.

F. The Court shall appoint two special masters to assist the Court in the
establishment of districts. The two special masters shall work together to
develop any plan to be submitted to the Court for its consideration.
			Within one week of the Commission&#8217;s failure to submit plans or the
General Assembly&#8217;s failure to adopt plans, the leaders in the House of
Delegates having the highest and next highest number of members in the House of
Delegates and the leaders in the Senate of Virginia having the highest and next
highest number of members in the Senate of Virginia shall each submit to the
Court a list of three or more nominees, along with a brief biography and resume
for each nominee, including the nominee&#8217;s particular expertise or
experience relevant to redistricting. The Court shall then select, by a majority
vote, one special master from the lists submitted by the legislative leaders of
the political party having the highest number of members in their respective
chambers and one special master from the lists submitted by the legislative
leaders of the political party having the next highest number of members in
their respective chambers. The persons appointed to serve as special masters
shall have the requisite qualifications and experience to serve as a special
master and shall have no conflicts of interest. In making its appointments, the
Court shall consider any relevant redistricting experience in the Commonwealth
and any practical or academic experience in the field of redistricting. The
Court shall be reimbursed by the Commonwealth for all costs, including fees and
expenses, related to the appointment or work of the special master from funds
appropriated for this purpose.

G. Any justice who is a parent, spouse, child, sibling, parent-in-law,
child-in-law, or sibling-in-law of, or a cohabitating member of a household
with, a member of the Congress of the United States or of the General Assembly
shall recuse himself from any decision made pursuant to this section, and no
senior justice designated pursuant to &#xA7; 17.1-302 shall be assigned to the
case or matter to serve in his place.

HISTORY: 2020, Sp. Sess. I, c. 56; 2022, Sp. Sess. I, c. 1.