Virginia localities move to delay early voting on redistricting amendment under 90-day law

(WSET) — Local governments across the commonwealth are moving to delay early voting on a proposed redistricting constitutional amendment, citing a Virginia law that requires amendments to appear on the ballot no sooner than 90 days after final legislative approval.

Patrick County passed a resolution to halt early voting until the 90-day period has elapsed. Pittsylvania and Campbell counties have passed resolutions opposing the redistricting. The issue is on the agenda for the Roanoke County Board of Supervisors on Tuesday, and the Lynchburg City Council discussed the matter on Monday. The City of Lynchburg decided to submit a declaratory judgment to the circuit court to seek advice on what it can do as a city moving forward.

The move comes after three separate lawsuits were filed challenging the legality of the redistricting amendment process and the wording of the question on the ballot. The Virginia Supreme Court has not yet ruled on whether the process was legal, but has said the vote can move forward. The legal authority of local governments to halt early voting remains unclear.

VA Democrats’ redistricting map proposal (WSET)

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John Fishwick, former U.S. Attorney for the Western District of Virginia, said the issue may ultimately be decided by the Virginia Supreme Court, a result he said Republicans may be seeking.

“This is uncharted territory,” Fishwick said. “Can they instruct them in what they can do in their jobs? And then big picture, will that be enforced? Will the Virginia Supreme Court say look we’re going to let the voting go forward? The localities can’t stop it right now. This is a good legal issue, but we’re just not going to decide it now.”

Fishwick said he expects the Virginia Supreme Court could delay making a decision regarding the legality of the amendment process. In the meantime, Democrats are continuing to push for the vote to proceed, while Republicans are supporting local efforts to stop it where possible.

The Virginia Supreme Court has yet to rule on the pending lawsuits or determine whether local governments have the authority to prevent registrars from starting early voting.