The Supreme Court of Virginia has denied Attorney General Jay Jones’ motion to place a stay on the injunction issued by a Tazewell Circuit Court judge that prevents certification of the referendum results.
The certification is scheduled for Friday, but if the Supreme Court keeps the injunction in place, the timeline for the August primary elections could be affected.
House Bill 1384, passed earlier this year, established a 14-day deadline after Election Day for the State Board to certify the April 21 Special Election. A spokesperson for the Department of Elections told Virginia Scope that the State Board had a prescheduled meeting set for May 1 at which certification was planned. Whether certification occurs on this date or after depends on when the Virginia Supreme Court issues a final ruling and what that ruling states, the spokesperson said.
The Department of Elections cannot start the process of moving voters to new districts until the results are certified. That process takes several weeks to complete.
Virginia law states: “The State Board shall meet as soon as possible after it receives the returns for any special election held at a time other than the November general election to ascertain the results of the special election in the manner prescribed in subsection A. If the returns have not been received within seven days of the election, the Board shall meet and adjourn from day to day until it receives the returns, ascertains the results, and makes its determination.”
The Supreme Court heard oral arguments on Monday in a separate case that was originally ruled on by the same Tazewell Circuit Court judge. The judge said the Democrats did not legally advance the redistricting amendment.
A representative from Jones’ office told Virginia Scope that they have already requested an expedited hearing in this case and that he was expecting this case to come before the full court.
The referendum passed by more than 3% last week.
This is a developing situation.