General Assembly Republicans filed a complaint — and a request for an emergency injunction while they wait for a hearing — in Tazewell County Circuit Court on Tuesday.
Their request seeks a judgment on the constitutionality of Democratic legislators’ effort to redraw Virginia’s congressional maps outside of the normal 10-year period.
Tazewell County Circuit Court Chief Judge Jack S. Hurley Jr. declined a request from the lawmakers for an emergency injunction that would have halted the General Assembly’s proceedings during the special session until the plaintiffs’ complaint is heard in court.
The complaint and the request for an emergency injunction were filed by state Senate Minority Leader Ryan McDougal, R-Hanover, Sen. Bill Stanley, R-Franklin County, and House of Delegates Minority Leader Terry Kilgore, R-Scott County, and others, against the House and state Senate clerks, among others.
The judge declined the plaintiff’s request for an emergency injunction but allowed the declaratory judgment trial to go forward. That hearing is set for Nov. 5, a day after Election Day.
“What the judge didn’t do, he did not dismiss the case and he set a hearing right after election, so we believe that we are on the right side of the issue, that we will be able to argue Virginia code section 30-13 applies, they can’t beat that and the judge will ultimately make the right decision,” Kilgore said during an interview with Cardinal News.
Virginia code section 30-13 involves the duty of the General Assembly clerks to publish proposed amendments to the commonwealth’s constitution.
He added that if the judge does ultimately rule on the side of the plaintiffs, it would mean that the redistricting effort put forth during the special session would be null and void.
The plaintiff’s complaint argues that the redistricting effort is not constitutional.
“The people of Virginia amended Virginia’s Constitution to provide that the Virginia Redistricting Commission — not the Virginia General Assembly itself — ‘submit to the General Assembly plans for districts for the United States House of Representatives’ following ‘the receipt of census data’ for the preceding decade,” the plaintiffs argued.
They added that “2025 is not ‘ten years’ after ‘2020,’” that the Virginia House of Delegates is not the Virginia Redistricting Commission, and because 2030 is five years away, there is no census data for the decade from 2020 to 2030 upon which to redraw and reapportion Virginia’s electoral districts.