NEWS: Early Voting Gets Go-ahead
Ruling in Lynchburg Circuit Court opens way for Early Voting to begin across Virginia.
By Martin Davis
EDITOR-IN-CHIEF
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The legal tangle over the April 21 referendum on redistricting has so far launched no less than five separate lawsuits challenging the referendum’s legality and trying to delay the start of voting.
That tangle was loosened a bit on Monday when a Lynchburg Circuit Court judge cleared the way for localities to push forward with Early Voting, which is scheduled to begin this Friday.
At issue was a ruling by a judge in Tazewell County who issued a temporary injunction blocking the State Board of Elections from moving forward with the April 21 special election. Former Republican Rep. Tim Anderson petitioned the Lynchburg Circuit Court if the city should proceed with early voting given that ruling.
Writing on X about the ruling, Anderson said “Today, the Lynchburg Circuit Court dismissed our action … but because the Court ruled it would not exercise jurisdiction until after the election is completed.”
That decision allows localities to move forward with Early Voting.
According to a piece published Monday by Virginia Public Media, “Multiple general registrars” are now moving forward with plans to begin early voting on Friday, including those in Hanover County and Richmond.
Moving Forward Locally
Fredericksburg issued a press release Monday morning explaining that “Early voting for the April 21 Special Election begins March 6th.”
Stafford’s general registrar, Anna Hash, told the Advance via text that “we will begin early voting on Friday.”
The story in Spotsylvania is a bit more complicated. Unlike Fredericksburg and Stafford, the Spotsylvania Board of Supervisors passed a resolution that argues Early Voting should not occur before April 16 — just five days prior to election day.
The resolution argues that the state Constitution of Virginia states that no proposed amendment to the Constitution “shall be submitted to the voters sooner than 90 days after final passage by the General Assembly.
Consequently, the resolution continued, “the Board suggests that County facilities and County resources should not be utilized for the conduct of early voting on the proposed constitutional amendment prior to April 16, 2026, unless and until a court of competent jurisdiction determines that commencement of early voting before that date is constitutionally permissible…”
In his post about the ruling, Anderson stated that “any counties that previously passed resolutions declining to proceed should now reverse course. Local officials are bound to follow existing state law unless and until a court rules otherwise.”
Currently, the county’s Office of Election website lists Early Voting starting on March 6. The Advance reached out to Spotsylvania County Monday to confirm and is waiting for a reply.
Spotsylvania voters should be aware that the venue for Early Voting is again at Office of Elections, 4708 Southpoint Parkway, 22407. There is no longer Early Voting at the Lee Hill One Building.
Not Over
While Monday’s ruling clears the way for Early Voting to start across the commonwealth, the underlying constitutional issues surrounding the case remain. Anderson stressed this in his statement.
“The dismissal,” he wrote on X, “was based solely on timing — the Court concluded that the constitutional challenges must be litigated after the election, not before it.
“That means none of the substantive constitutional issues were rejected. They remain live and will have to be litigated.
“Those issues include:
Whether early voting before the expiration of Article XII’s ninety-day period constitutes unconstitutional “submission” of the amendment.
Whether the required statutory publication and voter-information provisions were satisfied.
Whether HB 1384 lawfully took immediate effect under Article IV, § 13.
Whether executive officials acted ultra vires while under a standing injunction restricting preparation.
Whether the constitutional amendment process has complied with the structural conditions precedent set forth in Article XII.”
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