One day after the April 21 special election, Tazewell County Court Judge Jack Hurley Jr. granted an injunction barring the State Board of Elections from officially certifying results that indicate a narrow victory for those who voted “yes” to redrawing the state’s Congressional districts.
The Republican National Committee sued on behalf of two Republican members of Congress who argue that the majority party in the General Assembly did not have the authority to pass the first reference of a Constitutional amendment during a special session last October.
“Plaintiffs will be irreparably harmed absent permanent injunctive relief because of the numerous violations of the constitutional amendment process and because Congressmen Cline and Griffith would be irreparably harmed by their districts changing at this juncture,” reads a portion of the ruling in a case known as Republican National Committee vs. Koski.
Koski is the current Commissioner of Elections in Virginia.
Judge Hurley also ruled twice earlier this year against the Constitutionality of the amendment but the Virginia Supreme Court allowed the April 21 vote to take place. They heard oral arguments Monday in the case of Scott v. McDougle.
On April 23, Attorney General Jay Jones said his office would appeal.
“Virginia voters have spoken, and an activist judge should not have veto power over the People’s vote,” Jones wrote. ‘We look forward to defending the outcome of last night’s election in court.”
Today the Virginia Supreme Court ruled they will not intervene to lift the injunction.
The State Board of Elections is scheduled to meet on Friday to conduct the certification but their agenda notes that might not happen
“This agenda item is contingent upon a final decision by the Virginia Supreme Court and is subject to removal,” reads the agenda.
Meanwhile votes continue to come in. The Virginia Department of Elections reports the current tally at 51.58 percent for yes, slightly higher than yesterday. Take a look.
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