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Judge slams Virginia Beach election referendum as ‘intentional effort' to sidestep federal law
Judge slams Virginia Beach election referendum as ‘intentional effort' to sidestep federal law

Yahoo

time10-07-2025

  • Politics
  • Yahoo

Judge slams Virginia Beach election referendum as ‘intentional effort' to sidestep federal law

VIRGINIA BEACH — A federal judge lambasted city officials this week for what he described as Virginia Beach's 'intentional effort to avoid compliance with federal law' by pursuing an election system referendum question on the November ballot. In a memorandum opinion and order issued Tuesday, Judge Raymond Jackson of the U.S. District Court for the Eastern District of Virginia called the referendum effort 'problematic,' in part because he said it invites the public to legitimize a voting system that would violate federal law. His written memo followed a hearing last month where Jackson rescinded his previous dismissal of the Holloway v. City of Virginia Beach case. Two Virginia Beach residents — Latasha Holloway and Georgia Allen — sued the city in 2017, challenging the all at-large election system used to elect members of the City Council and School Board. Jackson ruled in 2021 that the system 'denies Hispanics, African Americans and Asians equal access to the electoral and political process,' violating the federal 1965 Voting Rights Act. After that, the city began using a district-based electoral system that did away with all at-large seats except the mayor. In July 2022, the Fourth Circuit U.S. Court of Appeals ruled the case was moot because Virginia's General Assembly had already passed a law (HB2198) eliminating at-large voting for most of the seats on the City Council. Jackson later dismissed Holloway's case but allowed for it to be brought back. Trump's megabill: Newport News leaders applaud more shipbuilding, brace for social services cuts Chesapeake's water, sewer rates will see 5% bump in January Super Girl action sports festival expanding to Virginia Beach in 2026 Chesapeake leaders to consider more water, sewer rate increases New Camp Morrison plan could turn Newport News WWI-era industrial park into housing Jackson officially reopened the lawsuit, allowing Holloway and Allen to challenge a hybrid voting system that would bring back three at-large seats. They have 30 days to file pleadings, according to the memo. 'We will be filing additional pleadings to ensure that, when Virginia Beach's voters go to the polls in 2026 and after, their ballots will be cast in a lawful system of election,' Holloway's attorney Simone Leeper wrote in an email Thursday. In the memo, Jackson noted that city attorneys admitted private individuals have been 'exerting significant influence over the City's ability to implement electoral changes.' Several well-connected business and community associations have pushed the idea of restoring some at-large seats on the council. City lawmakers voted in May to include a question on a November ballot referendum to gauge public support for either the 10-1 system or a 7-3-1 option, which would include seven district seats, three at-large seats and the mayor. A political action committee supporting the referendum effort — Every Vote Counts — has formed and is already collecting large donations. 'These facts strongly support the continued need for judicial oversight,' Jackson wrote. 'Defendants' conduct reflects not a mere lapse in execution but an intentional effort to avoid compliance with federal law and subvert a lawful electoral remedy.' The city's charter doesn't yet line up with the district-based system, and previous efforts to enshrine the 10-1 system into law have been held up because of legal challenges. Former council member Linwood Branch and other residents brought a suit last summer, saying the city had illegally removed three at-large seats. In that case, a Circuit Court judge ruled last week that the 10-1 election system used in the past two local election cycles is void. To become effective, it will require the state legislature to pass legislation that amends the city charter to that effect, attorneys involved in the case have said. When the city began positioning for a referendum, Holloway and Allen requested the federal court reopen their case, arguing the city is no longer taking steps to implement the 10-1 election system. 'This referendum is problematic for a variety of reasons,' Jackson wrote in the memo. 'First, the City previously surveyed the public, which showed 81% of the public supports the 10-1 system. Second, this referendum invites the public to legitimize a system that would violate Section 2 of the VRA (Voting Rights Act), specifically, the voting rights of minorities.' Stacy Parker, 757-222-5125,

Federal judge to consider revival of Virginia Beach election lawsuit
Federal judge to consider revival of Virginia Beach election lawsuit

Yahoo

time17-06-2025

  • Politics
  • Yahoo

Federal judge to consider revival of Virginia Beach election lawsuit

VIRGINIA BEACH — A federal lawsuit that led the city to change to its election system is once again in play as Virginia Beach prepares to hold a referendum vote on how it elects its City Council and School Board members. On Monday, Judge Raymond Jackson, of the U.S. District Court for the Eastern District of Virginia, rescinded his previous dismissal of the Holloway v. City of Virginia Beach case and plans to issue a memorandum and opinion on the matter later this week. Two Virginia Beach residents – Latasha Holloway and Georgia Allen — sued the city in 2017, challenging the all at-large election system used to elect members of the City Council. Jackson ruled in 2021 that the system 'denies Hispanics, African Americans and Asians equal access to the electoral and political process,' violating the federal 1965 Voting Rights Act. After that, the city began using a district-based electoral system that did away with all at-large seats except the mayor. Jackson's ruling on the lawsuit comes as several well-connected business and community associations have pushed the idea of restoring some at-large seats on the council, and city lawmakers voted last month to include the question on a November ballot referendum. Deputy City Attorney Christopher Boynton confirmed in an email Monday afternoon that Jackson's ruling has set the stage for the case to be reopened. 'The court vacated the prior dismissal order in the former Holloway case upon plaintiffs' motion and is allowing the plaintiffs to file an Amended Complaint asserting whatever claims they believe are currently meritorious,' Boynton said. Virginia Beach will vote on filling borrow pit with dredged material on Tuesday Portsmouth sheriff declines to expand existing partnership with ICE Here's the team responsible for keeping Virginia Beach resort area in tip-top shape Virginia Beach police threaten legal action against 'pop-up' events next week Violent crime up but overall crime down as Portsmouth police earn national accreditation Virginia Beach appealed Jackson's initial ruling in 2021. While awaiting the court's opinion, the city implemented 10 single-member districts, including three districts where minority voters formed a majority of the voting population. In July 2022, the Fourth Circuit U.S. Court of Appeals ruled the case was moot because Virginia's General Assembly had already passed a law, HB2198, eliminating at-large voting for most of the seats on the City Council. Jackson later dismissed Holloway's case but allowed for it to be brought back. 'The former dismissal was a voluntary, non-prejudicial dismissal so they didn't waive any rights at the time by agreeing to the dismissal,' Boynton said. Jackson's decision on Monday to rescind the voluntary dismissal allows Holloway to challenge a potential hybrid election system, Holloway's attorney Simone Leeper wrote in an email. 'Plaintiffs now will have the opportunity to amend their complaint to challenge the 7-3-1 system currently reflected in the City Charter as amended by HB2198,' Leeper said, referencing a system that includes seven district seats, three at-large seats, and the mayor. Under the current '10-1' system, the mayor is elected by residents across the city, but the 10 council members are elected only by residents in their district. Virginia Beach has used the district-based election system since 2022, and the City Council formally adopted a redistricting plan in 2023 that authorized the use of the system. However, the city charter doesn't yet align with it, and previous efforts to enshrine the 10-1 system into law have been held up because of legal challenges. In May, seven of 11 council members voted in favor of a charter change referendum on the election system to be placed on the November ballot to gauge the public's interest in keeping the 10-1 system. The referendum question will ask voters whether they want to keep the current single-member district system or if they support a system with some at-large seats on council. In a motion filed in April seeking to reopen the lawsuit, Holloway's attorneys cited the referendum. They argued action was necessary 'because the City is no longer fulfilling its representation to this Court to take all steps necessary to maintain a 10-1 system and is actively seeking to evade this Court's jurisdiction over any claim by the Holloway Plaintiffs that implementing the 7-3-1 system would violate Section 2 of the federal Voting Rights Act ('VRA').' The referendum could open the door to a modified 7-3-1 system, in which three council members would serve in at-large seats and all residents could vote for them. Under that system, the remaining seven members would be elected by residents only in their district. In 2023, the city's legal team warned Virginia Beach could face renewed litigation in federal court if it chooses not to stick with the current ward-based election system. Stacy Parker, 757-222-5125,

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