Judge blocks referendum certification; appeal coming

va flagBy Shirleen Guerra

(The Center Square) – A Virginia circuit court judge has blocked certification of a special election tied to the state’s redistricting amendment, with state officials preparing to appeal the decision and candidate filing deadline five weeks away.

The referendum was decided by voters Tuesday. With all precincts in, the Virginia Department of Elections ruled the yes votes an unofficial winner 51.5%-48.6% from more than 3 million cast. The totals, still pending mailed votes counted by noon Friday, on Wednesday afternoon were 1,575,288-1,486,229.

A hearing was held Wednesday in Tazewell County Circuit Court in an injunction case challenging the referendum, according to court records. The case involves plaintiffs including the Republican National Committee and other GOP-affiliated groups and names the Virginia Department of Elections among the defendants.

Officials involved in the case said the court issued an injunction blocking the State Board of Elections from certifying the results. A written order was not immediately available.

Democratic Attorney General Jay Jones said his office will move to appeal the ruling.

“My office will immediately file an appeal in the Court of Appeals,” Jones said in a statement. “Virginia voters have spoken, and an activist judge should not have veto power over the people’s vote. We look forward to defending the outcome of last night’s election in court.”

The case stems from House Bill 1384, a constitutional amendment approved by the General Assembly earlier this year that placed a redistricting-related question before voters in a referedum. The measure addresses congressional district boundaries and the process for redrawing them.

Candidate filing deadline ahead of the Aug. 4 primaries is May 26.

The Center Square was unsuccessful prior to publication getting direction from the Virginia Department of Elections on how it would proceed if certification is delayed or what deadlines may govern a final decision on district maps.