October 30, 2024: Youngkin thanks U.S. Supreme Court for allowing voter purge system to remain in place through Election Day
Plus: Fifeville Neighborhood Association wants your input on a community grocery store at 501 Cherry Avenue
In CB lingo, if someone transmits “10-30” that means that they’re telling someone that their communication does not comply with Federal Communications Commission rules. For many years, there were strict rules about how public airwaves were used, rules that are still in force. But now there are other outlets such as Charlottesville Community Engagement which are self-regulated. I’m Sean Tubbs, continuing to work to the unwritten rules that got me to this point.
In today’s installment:
The U.S. Supreme Court has allowed Governor Glenn Youngkin’s voter purge program to keep going, rejecting lower court rulings that said the practice was in violation of federal law
Another look at early voting numbers in Virginia which are still lower than in 2020
The Fifeville Neighborhood Association wants your input on a potential grocery store at 501 Cherry Avenue
A quick look at several Virginia films screening at this week’s Virginia Film Festival including a documentary on Georgia O’Keefe
Albemarle County’s Planning Commission reviews land use categories in Comprehensive Plan and one member wants more room for middle missing housing
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U.S. Supreme Court allows Youngkin’s voter removal purge to continue
The Virginia Department of Elections can continue to keep an estimated 1,600 people off of the state’s voter registration rolls and continue a daily update to purge people who did not adequately demonstrate they were United States citizens.
This morning, six Justices of the nine-member United States Supreme Court agreed to a request from Virginia Attorney General Jason Miyares to block an order issued by a federal judge Friday.
On Friday, Judge Patricia Tolliver Giles gave the Virginia Department of Elections a deadline of this afternoon to restore anyone who had been removed from the voter rolls since August 7 unless they had made a request, have died, or are ineligible to vote due to criminal activity or mental incapacity.
Governor Glenn Youngkin put that program in place on August 7 with Executive Order #35. A daily check was to be conducted every day and two of the directives were part of an effort to remove anyone suspected of being a non-citizen.
“Remove individuals who are unable to verify that they are citizens to the Department of Motor Vehicles from the statewide voter registration list, should that individual either intentionally or unintentionally attempt to register to vote,” reads item E.
“The Department of Elections compares the list of individuals who have been identified as non-citizens to the list of existing registered voters and then registrars notify any matches of their pending cancellation unless they affirm their citizenship within 14 days,” reads item F.
A coalition of groups including the Virginia Coalition of Immigrant Rights filed a lawsuit in October arguing that the campaign was in violation of federal law. On Friday, Judge Giles agreed and issued her directive. Miyares appealed to the Fourth Circuit of Appeals and a three-judge panel sided with the lower court.
On Monday, Miyares asked Chief Justice John Roberts to overturn the ruling. Word came out this morning just hours before the Department of Elections would have to comply.
“The application for stay presented to The Chief Justice and by him referred to the Court is granted,” reads the order.
That means the U.S. Court of Appeals will fully consider the case but not in time for the election. This potentially clears the way for other states to institute similar voter registration purges.
The petition was made to the emergency docket of the U.S. Supreme Court and decisions are terse. The two paragraph order notes that Justice Sonia Sotomayor, Justice Elena Kagan, and Justice Ketanji Brown Jackson would have denied the application.
Governor Youngkin thanked Miyares for his work.
“Clean voter rolls are one important part of a comprehensive approach we are taking to ensure the fairness of our elections,” Youngkin said in a statement. “Virginians also know that we have paper ballots, counting machines not connected to the internet, a strong chain of custody process, signature verification, monitored and secured drop boxes, and a 'triple check' vote counting process to tabulate results. Virginians can cast their ballots on Election Day knowing that Virginia’s elections are fair, secure, and free from politically-motivated interference."
There are several media reports about how the project has removed U.S. citizens from the voter registration list.
In two other rulings from the emergency docket on Monday, the U.S. Supreme Court ended a request from former presidential candidate Robert F. Kennedy to remove his name from ballots in Michigan and Wisconsin. (Michigan ruling) (Wisconsin ruling)
Resources for further information:
Coalition files suit in federal court alleging unlawful purge of Virginia voter rolls, Information Charlottesville, October 10, 2024
Virginia takes voter purge case to the U.S. Supreme Court, Information Charlottesville, October 28, 2024
Lifelong Virginian among 1,600 voters to have registration canceled, NBC Washington, October 29, 2024
The Supreme Court Just Carved an Outrageous Loophole Into a Major Voting Rights Law, Mark Joseph Stern, Slate, October 30, 2024
U.S. citizens are among the voters removed in Virginia’s controversial purge, NPR, Jude Joffe-Block, October 30, 2024
One week from election, early voting turn-out continues to lag 2020 numbers
There are six days until registrars across the United States begin counting ballots. The Virginia Public Access Project has been tallying up ballots cast to date and there are fewer votes in this non-pandemic year than in 2020.
As of Tuesday, October 29, 1,785,196 Virginians have cast early ballots either in-person or via mail. That figure in 2020 was 2,191,812 people seven days from Election Day. A total of 2,818,796 early votes were cast that year.
Most jurisdictions in the Thomas Jefferson Planning District Commission have followed the statewide trend of fewer early votes in 2024.
However, there have been 9,674 votes in Louisa County, just above the 2020 figure of 9,496.
Albemarle County voters have cast 27,310 votes in 2024 compared to 37,778 at this time in 2020.
Charlottesville voters had cast 15,764 votes by this point in 2020 compared to 9,710 this time around.
Fluvanna voters have cast 8,366 ballots so far in 2024 compared to 9.155 in 2020.
There have been 5,580 votes cast in Greene County in 2024 compared to 5,780 in 2020.
In Nelson there are 3,605 early votes so far. In 2020 there had been 4,161 up to this point.
37th annual Virginia Film Festival begins today in Charlottesville
The 37th annual Virginia Film Festival begins today in Charlottesville with dozens of screenings of work produced from all around the country and the world.
There are also several films created by filmmakers from this region and the world.
One of them is a documentary about an important 20th century Georgia O’Keefe directed by Charlottesville’s Paul Wagner.
“Prior to achieving her fame, Georgia O’Keeffe spent every summer from 1912-1916 taking art classes at the University of Virginia, where she rekindled her joy and desire to pursue painting, which she had considered giving up altogether,” reads the webpage for Georgia O’Keefe: The Brightness of Light.
This screening will be held on November 3, 2024 at 11 a.m. at the Culbreth Theatre but is sold out according to festival publicist John Kelly. Here’s a link to the trailer if you want to keep it on your radar for its release next year.
Kelly pointed me in the direction of three other films with Charlottesville connections.
A horror film called Catch a Killer will be shown tonight at the Violet Crown at 7:30 p.m.
“When Otto’s dreams of becoming the city’s youngest detective are put off-course, he cannot help but stay as close to the action as possible, landing a job as a working as a bioremediation specialist who cleans up after a serial killer,” reads the website for this film. “Charlottesville and UVA audiences will find locations and friends on screen and behind-the-scenes, as many community members are part of the film’s cast and crew.”The Center For Politics has produced a documentary called Defenders of Democracy: The Thin Blue Line which will screen Thursday, October 31 at 5 p.m. at the Violet Crown.
“Featuring gripping first-hand accounts of those who courageously defended democracy on that day, this documentary details how victims from the day’s attack have sought justice and accountability to safeguard the electoral process and American political institutions, including the challenges they’ve faced in speaking out during the investigation of the events of January 6, 2021,” reads the website for this film.The Bitter Pill by Charlottesville-based director Clay Tweel will screen Saturday at 11 a.m. at the Culbreth Theatre. The documentary tells the story of West Virginia attorney Paul Farrell Jr. as he seeks legal action against major pharmaceutical companies.
“As his legal strategy gains traction nationwide, the case escalates into the largest civil litigation in U.S. history,” reads the website for the film.
Those four films are part of the Virginia Film Festival’s series on work done in the Commonwealth. The others are:
Dementia and Living Well is a documentary that will be screened at 2:30 p.m. at the Violet Crown
There is a screening of six short films Sunday night at 8:20 p.m. at the Violet Crown (learn more)
There is a screening of four short films by UVA Film Professor Kevin Jerome Everson Friday at 3 p.m. at the Violet Crown. (learn more)
For the rest of the program, visit the Virginia Film Festival’s website.
Another shout-out: Plant Virginia Natives
We are now well into fall and bracing for the first real plunge into temperatures below zero. But the world keeps turning and spring isn’t too far ahead of us. It’s time to think ahead to next spring and what I need to do to get my yard ready to plant something new.
One resource that may help me develop a landscape more suitable to this area is Plant Virginia Natives!
Plant Virginia Natives is part of a partnership with ten regional campaigns for ten different ecosystems across Virginia, from the Northern Piedmont to the Eastern Shore. Take a look at the full map below for the campaign for native species where you are in the Commonwealth. For the Charlottesville area, download a free copy of the handbook: Piedmont Native Plants: A Guide for Landscapes and Gardens.
Coalition seeks public input on potential grocery store on Cherry Avenue
When the Charlottesville City Council approved a rezoning for 501 Cherry Avenue in September 2023, that gave Woodard Properties permission to build up to 71 apartments in conjunction with the Piedmont Housing Alliance.
The terms of the rezoning also set aside space for a community space desired by the Fifeville Neighborhood Association (FNA).
“Owner agrees to reserve a minimum of 5,000 square feet of commercial space at the Property for lease to a small grocery store or neighborhood grocery store that sells fresh produce,” reads binding language in the rezoning agreement. “The space will be reserved exclusively for a grocery store use until the issuance of any certificate of occupancy for the Project.”
Since then the FNA has led a coalition of groups seeking to turn that into a reality and have had a series of community events. Now the FNA has launched a community survey to get feedback from a wide group of people. There are three specific areas.
“What the community most values in a grocery store
If community members know someone who might want to be the owner/operator of this proposed grocery store
If community members might be interested in forming a nonprofit or a community-owned food co-op, led by Black residents, to own/operate the store.”
The information collected will only be accessible to the Equity Center at UVA. There is one more opportunity to fill out a survey in-person and receive a gift card. That is Friday, November 1st from 5:00 pm - 7:00 pm at the City of Promise offices at 708 Page Street.
One of the community engagement events was held on in early October and is available on YouTube.
Albemarle Planning Commission briefed on land use chapter of new Comprehensive Plan
Much of the discussion about land use planning is conducted in jargon that is not easily understandable by the general public. On October 22, 2024 the Albemarle Planning Commission continued its review of the land use chapter of the next Comprehensive Plan.
One of the items in that chapter is a Future Land Use Map. Every parcel of land in the county’s growth area has a color on top of it which states what land use category is will have in the new AC44 plan. These range from Neighborhood Residential (yellow) to Corridor Mixed Use (pink) and from General Commercial (red) to Rural Area (light green).
“We have 12 standard categories,” said Tonya Swarzendruber, a planning manager with Albemarle County. “We're including the rural area in that number.”
Commissioner Nathan Moore represents the Rio District and has advocated for making it easier to build a denser community. He said the current version of the Future Land use Map doesn’t seem to allow that to happen.
“Last time we were here two weeks ago, I was saying, let's not have a yellow neighborhood residential,” Moore said. “Let's start with missing middle, because there's all this great rhetoric and three pages of all the great things that missing middle can include. And then I look at the map and there's actually not any missing middle in the sort of urban ring.”
Each color corresponds with a recommended density scale. In the draft land use chapter, “Neighborhood Residential” calls for three to six units per acre and that’s an increase from previous plans that had the lower end of the range set at one.
The “Middle Residential” supported by Moore is light orange and would allow between six to 18 units per acre.
Albemarle Planning Director Michael Barnes said the approach at this point is to locate middle residential and other higher-density areas near the activity centers that are also designated in the map.
“A lot of what we're doing on the land use map itself is trying to have some fidelity to the previous planning efforts and not change those areas,” Barnes said. “So everybody's going to be talking about this like richer yellow, you know, the neighborhood residential category. There's a lot of that on the map, as you'll see, and that represents a lot of R1 and R2 zoning in our community.”
Moore said he does not feel much fidelity to those plans and would like the county to get moving faster on building more densely.
“It's just hard when it feels like an emergency,” Moore said. “There's our prices keep spiking and spiking and spiking and we're pushing lower income people out today is why I bring that up over and over.
However, Moore said he understood the approach and supported concentrating on centers.
At-large Planning Commissioner Luis Carrazana echoed Moore’s point and suggested there could be less yellow in some areas.
“Some of those activity centers, they're smack in the middle of yellow,” Carrazana said. “So are there opportunities around those activity centers that then we begin to think, well, is there enough zoning so that we go from the yellow to the to the missing middle around those activity centers?
The conversation touched upon what can be done beyond the map to convince the owner of the Riverbend Shopping Center and other commercial centers on Pantops to move forward. The Land Use Chapter designates the place as a “Regional Center” but decisions about its future are solely up to the Great Eastern Management Company.
Samuel District Planning Commissioner Karen Firehock said she used to ride her bike to the Riverbend Shopping Center and she’s also thought about how to convince the owner to move past single-story development that’s currently there.
“What does the county do to incentivize someone to have this vision?” Firehock said. “I mean, it's right by the Rivanna Trail so it has a lot of other amenities around there. So it would lend itself really well to residential and mixed use.”
However, Firehock said the county has to do more than just put out a plan calling for action. She also said infrastructure to help support the Pantops Master Plan hasn’t yet been built such as pedestrian bridge that was briefly considered in the mid 2010’s.
White Hall District Planning Commission Lonnie Murray said he felt there should be more than one color for the rural area, suggesting that another color be used for greenspace in the rural areas.
Julian Bivins noted there are a lot of empty storefronts and suggested other Albemarle County departments get involved.
“This is where I think you speak to your economic development,” Bivins said. “How are we going to make that happen? Because it's not apparent to me.”
Much of the push for additional density is to satisfy one of the purposes of the county’s Housing Albemarle plan which was adopted by the Board of Supervisors in July 2021. The narrative for Objective 1 states that the Weldon Cooper Center for Public Service projects and Albemarle population of 138,485 by 2040. (read the plan)
“To accommodate this growth, the County will need to add approximately 11,750 new units to our housing stock over the next 20 years,” reads page 27 of the plan. “The majority of this need—9,031units or 77 percent of the required new housing – is projected to be met with units already in the residential development pipeline.”
Rivanna District Planning Commissioner Corey Clayborne wanted to know if those numbers are being updated and if an update would help with AC44.
“I'd be curious if we know the housing needs for our community and if based off of what we're showing here in these recommended density ranges and looking at the activity centers on the map and where we're trying to push development,” Clayborne said. “If they were built out according to this, what is that impact to the amount of units we actually need? Are we actually solving. How close are we getting to solving our housing issue?”
Bivins suggested the county come up with a way to update numbers more frequently. Carrazana suggested the new UVA School of Data Science could get involved.
The Planning Commission will next see a portion of the AC44 document at their meeting on November 12.
Reading material for #752
Former Del. Matt Fariss arrested again after positive drug test, bond revoked
I-64W commute from Louisa County to Charlottesville becomes frustrating for drivers, Destini Harris, WVIR 29News, October 28, 2024
Former Del. Matt Fariss arrested again after positive drug test, bond revoked, Justin Faulconer, Amherst New-Era Progress (via Charlottesville Daily Progess) (paywall), October 29, 2024
A local guide to voting in this year’s non-presidential races, Catie Ratliff, C-Ville Weekly, October 30, 2024
#752 is an interesting number but time to move on
There are seven days in a week.
There are 52 weeks in a year.
Yet, that number multiples out to 364 and not 365.
That indicates calendars are not an exact science. So far, there are not wars being fought about what to do with the extra day, and there was no noticeable protest of Leap Day this year. This weekend, however, we’ll set the clocks back and there will be many with opinions.
What’s this doing at the end of a newsletter about journalism? I usually use this space to remind people that I’m a one-person information outlet and that support is needed. Tension over the national election pervades everything.
I personally relieve that tension by reminding myself of what I love about being alive. Music. Cooking. The beauty of the sunrise and the sunset, and the pleasure of a warm day in fall.
On this particular fall day, the below is a cut and paste because I realize I have to put the Ting sponsorship in anyway, so I may as well repeat myself:
If you’d like to support the work and are unsure about Substack, ask me for other ways. It is just me doing all of the work. That’s been the case since the beginning except for the volunteers I had for a while who helped with voiceovers.
Your work pays me directly to keep this as my full-time job. And there’s certainly enough to write about each week! And if you do pay through Substack, Ting will match your initial payment.
If you sign up for service and you are within Ting’s service area, enter the promo code COMMUNITY you’re going to get:
Free installation
A second month for free
A $75 gift card to the Downtown Mall
The headline for the Virginia Film Festival originally stated the wrong anniversary. This is the 37th edition. I regret the error.