A pending ruling from the Virginia Supreme Court is intersecting with a newly imposed election certification deadline, though legal experts say the timeline is unlikely to disrupt the certification of results.
The Court is deliberating a Republican challenge to the legality of the method by which Democrats in the General Assembly advanced a constitutional amendment to redraw congressional boundaries. Virginia voters approved the change by a three-point margin in a special election on April 21.
However, a Circuit Court judge in Tazewell issued an injunction against certification shortly after the results were counted, citing concerns he raised in his original ruling that the Virginia Supreme Court is currently deliberating.
House Bill 1384, passed earlier this year, requires the State Board of Elections to certify the special election within 14 days of Election Day, though the law does not specify what happens if that deadline is missed.
A spokesperson for the Department of Elections told Virginia Scope the board has a prescheduled meeting on May 1, when certification was expected to take place. The timing, however, could shift depending on when the Virginia Supreme Court issues a ruling and what that decision says, the spokesperson said.
The Virginia Supreme Court did not grant Attorney General Jay Jones’ request to stay the injunction, meaning that if it does not issue a ruling in favor of the Democrats before Friday, certification cannot occur then.
Several lawyers told Virginia Scope that it is highly unlikely the Court would prevent certification if the justices issue a ruling after the deadline.
If the Court rules that the methods used by Democrats were unconstitutional, then the point is moot.
Courts have moved election deadlines in the past. The online voter registration system went down in 2020, and a federal judge extended the deadline by 48 hours.
The anxiety over the Court’s decision comes as Republican lawmakers in Florida approved a new congressional map on Wednesday, backed by Gov. Ron DeSantis, that could shift several seats toward the GOP.
Thumbnail photo by Shaban Athuman of VPM News