On Wednesday, a circuit court judge in Tazewell gave both sides in the redistricting battle 10 days to submit briefs before making a ruling on the legality of the Democrats’ effort to redraw congressional boundaries ahead of midterm elections.
According to multiple sources, the judge did not seem pleased with the Democrats’ explanation of why they were not required to post the constitutional amendment at circuit clerk offices before the 2025 House of Delegates elections.
State law requires circuit court clerks to post proposed constitutional amendments for public inspection at least 90 days before the next general election of the House of Delegates. This did not happen, as the General Assembly did not act on the redistricting amendment until a week before election day in 2025.
Senate Majority Leader Scott Surovell, D-Fairfax, said the provision was part of the 1902 Virginia Constitution and was removed when the constitution was overhauled in 1971. It remained in the state code, however.
The code commission recommended last summer that this language be removed.
“Legislators [in the 70s] did not get around to removing it from the state code, but it is being taken care of now,” Surovell said.
House Minority Leader Terry Kigore, R-Scott, commented on this in October.
“There’s clearly a violation,” he said to Virginia Mercury. “A clerk has no way of posting the 90 days for a constitutional amendment at the courthouse steps. It’s just not possible under this rushed process.”
Kilgore and Senate Minority Leader Ryan McDougal, R-Hanover, provided Virginia Scope with additional comments on Thursday.
“Yesterday’s hearing made it very clear that the serious constitutional questions raised by this case cannot be brushed aside,” they said. “Virginians not only deserve fair maps and respect for the rule of law, but as voters they have a right, clearly articulated by the Supreme Court in Coleman v Pross, to act on constitutional amendments before them at the ballot box only if placed there by a fair process.”
Democrats are moving forward with the process and introducing legislation on Thursday morning to hold the referendum vote on April 21.
This will continue to be a developing situation.