Registrars in localities across Virginia are preparing to administer the April 21 redistricting referendum in an uncertain landscape as court battles play out, seeking to determine the constitutionality and timing of the effort.
The General Assembly last week passed legislation that set the April 21 date for the redistricting referendum. With early voting set to begin March 6, registrars say they have been left with no choice but to forge ahead with preparations unless the state Department of Elections, or a court, orders them to stop.
“The Botetourt County Department of Elections and Voter Registration is required by law to follow all legislation passed by the General Assembly,” said Botetourt County Registrar Traci Clark in an email on Wednesday. “It is our duty to plan, prepare, and administer this special election until otherwise instructed by a court ruling or further legislation from the General Assembly.”
Regardless, multiple court cases still outstanding have given some pause, specifically in Tazewell County, where two of the lawsuits were filed.
Preparations were well underway in the Tazewell County registrar’s office when the county circuit court issued an order on Feb. 19 to halt that work, said county registrar Brian Earls.
“The order specifically names me and temporarily restrains me from ‘administering, preparing for, taking any action to further the procedure of the referendum, or otherwise moving forward with causing an election to be held on the proposed constitutional amendment,’” Earls said. “I have no intention of violating the court’s order.”
A rocky and uncertain legal landscape
First came a complaint filed in the Tazewell County Circuit Court, which sought a ruling on the constitutionality of the redistricting effort. Chief Judge Jack Hurley Jr. sided with the plaintiffs — three Republican lawmakers — in a January ruling that temporarily halted the redistricting effort. That ruling was appealed by Democrats to the Supreme Court of Virginia and determined to only apply to Tazewell County. The Supreme Court determined that the April 21 referendum can move forward as it prepares to hear the appeal after the election.
Then, in February, a second complaint was filed in Tazewell County by the National Republican Congressional Committee and other conservative groups. Hurley again ruled in favor of the plaintiffs. The second ruling was more sweeping and specifically told state officials to stop “administering, preparing for, taking any action to further the procedure for the referendum or otherwise move forward with causing an election” on the grounds that the legislation behind the redistricting is riddled with legal problems. Attorney General Jay Jones, a Democrat, has appealed the ruling.
On Friday, the day after the second Tazewell court order was issued, Earls and other registrars received notice from the Virginia Department of Elections that directed them to pause issuing ballots for that election until further notice.
On Tuesday, registrars received a follow-up communication from the state department that said, upon further review, the court’s order applies only to the named defendants, including local election officials in Tazewell County. The prior request to pause ballot issuance was withdrawn for other localities, but remained in place in Tazewell.
In the meantime, a number of governing bodies in Republican-leaning localities across Southwest and Southside have issued and voted in support of resolutions to halt the referendum in their locality in an effort to force the state’s high court to rule before the referendum.
On Tuesday, the Lynchburg City Council passed a resolution to seek a judge’s guidance on how to proceed with respect to the referendum. The city council ordered attorney Tim Anderson, a former Republican state delegate from Virginia Beach, to prepare and file a petition for declaratory judgment in the Lynchburg Circuit Court that seeks “judicial clarification of the City’s and its election officials’ legal duties” regarding the April 21 referendum.
City registrar Daniel Pense said his office is a party in that case. His staff is getting ready for the March 6 early voting start date in some ways, but is limited in its preparations without clarification from and engagement of the Department of Elections, he said. The office awaits the ruling of Circuit Judge Patrick Yeatts, which is expected Monday.
And on Thursday, a complaint was filed by a citizen, Joshua Caleb Shiver, in Washington County Circuit Court that asked the court to rule on the constitutionality of the redistricting effort. A hearing date has not yet been set in that case.
What’s happening in other localities?
Prior to the second Tazewell court order, Earls had posted a public notice on the county registrar’s Facebook page outlining the location, dates and hours for early voting in the April 21 special election, as well as the ballot drop box location. Preparations for absentee-by-mail ballots were underway, though no ballots had been issued before the order was entered, he said.
Now, his actions are bound by the court’s order as his office waits in limbo for further guidance from the court or the Department of Elections.
In the Roanoke County registrar’s office, the plan is to carry on with business as usual unless a court with jurisdiction over Roanoke County tells the office that it cannot continue with the election.
“We will make voting available to Roanoke County voters in accordance with the schedule set by the General Assembly and provided to us by [the Virginia Department of Elections],” said county registrar Anna Cloeter.
Early voting is slated to begin in the Roanoke County registrar’s office at 8 a.m. March 6, and absentee ballots will be mailed out to all registered voters with valid requests on file by close of business that day as required by law, Cloeter said.
The Patrick County registrar’s office plans to begin early voting on March 6 as well, said Susan Taylor, the county registrar — despite a vote last week by the county’s board of supervisors in support of a resolution barring the office from administering early voting.
“Early voting will begin on March 6, 2026. We will proceed with the early voting process as required by law,” Taylor said, when asked about the board’s action.
Taylor added that her office is not concerned about the ongoing court battles and that she and her staff “will prepare and administer this election just as we would any other election.”
Radford registrar Lindsey Williams said her office is moving forward with early voting as scheduled as well.