Virginia seeks stay after redistricting ruling
(The Center Square) – Virginia election officials filed an emergency motion in the state Court of Appeals seeking to block a circuit court ruling that invalidated the results of this week’s redistricting referendum.
The “Motion for Emergency Stay” was filed on behalf of Elections Commissioner Steven Koski, the State Board of Elections, and the Virginia Department of Elections.
The filing asks the appeals court to halt an April 22 order from Tazewell County Circuit Court Chief Judge Jack Hurley that declared the results of the April 21 referendum invalid and barred the state from certifying the vote or implementing the new congressional map approved by voters.
State attorneys say the ruling “nullifies a statewide constitutional referendum, entered the day after more than 3 million Virginians cast their ballots, based on theories of Article XII that find no footing in the constitutional text.”
The motion adds, “A vote that cannot be counted, certified, or implemented is no vote at all.”
Multiple litigations were already ongoing during early voting. Judges allowed the vote to happen without rendering a decision. The state Supreme Court set one of its deadlines for two days after Election Day.
Voters narrowly approved the referendum in a statewide special election. Unofficial results show the measure passed with about 51.5% of the vote, or roughly 1.57 million yes votes to 1.48 million no votes.
The judge’s order called every ballot cast in the April 21 election “ineffective” and blocked the State Board of Elections from certifying the results or taking steps to implement the new congressional map.
The court also denied the state’s request to pause the ruling during appeal, leaving the certification block in place.
Local election officials named in the filing said they agree to a stay only to the extent it allows routine post-election work to continue.
Del. Wren Williams, R-Patrick, who opposes the redistricting effort, criticized the motion in a post on social media, writing, “The bottom line is the attorney general is asking the court to stay this ruling so the state can certify a vote on a ballot question he will not quote.”
The dispute follows months of legal challenges over the redistricting measure. Earlier this year, the same Circuit Court blocked the amendment and later the referendum itself, citing concerns about timing requirements and ballot language. In both cases, the Virginia Supreme Court allowed the process to move forward.
The motion, filed Thursday, is pending before the Court of Appeals.
The Virginia Supreme Court is scheduled to hear arguments Monday in a related case, Scott v. McDougle, challenging the legality of the redistricting process.