RICHMOND, Va. — Virginia Attorney General Jay Jones has issued an opinion regarding the start of early voting for the redistricting referendum as court battles over its legality continue.
The opinion, requested by Sen. Scott Surovell (D-Fairfax) and Del. Marcia Price (D-Newport News), states that electoral boards and general registrars are required under Virginia law to provide for in-person absentee voting starting 45 days before Election Day. It also makes clear that boards and registrars cannot delay or fail to initiate early voting without a valid order "expressly enjoining such administration" issued by a court.
Jones further states that "any local resolution, regardless of a locality’s stated justification, that attempts to prevent election officials from implementing in-person absentee voting is inconsistent with state law and therefore legally invalid."
“Under Virginia law, electoral boards and general registrars must provide for in-person absentee voting beginning 45 days prior to Election Day and possess no discretion to delay or fail to initiate voting on this timeline outside a valid court order expressly enjoining such administration and issued by a court of competent jurisdiction,” said Attorney General Jay Jones. “This Opinion makes clear that any local resolution attempting to disenfranchise its own people by preventing election officials from implementing in-person absentee voting contradicts state law and is legally invalid.”
Republicans shared their thoughts on the matter in a press conference Wednesday, as the proposed map change would likely result in a four-seat gain for Democrats.
"Myself and a couple other individuals in this room are engaged in litigation. We do not think that this constitutional amendment is proper. We do not think Virginia law has been followed and the circuit court has agreed with our arguments," Minority Leader Sen. Ryan McDougle (R-Hanover) said. "That being said, I'm gonna go vote on the first opportunity. If we're done here on Friday, I'm gonna vote on Friday. If we're not done, I'll vote at the next opportunity to get there. All Virginians should vote against this political, partisan power grab called gerrymandering. They will have other legal options that they can pursue, and I think you will see those coming forward after March 6."
Election Day for the referendum is Tuesday, April 21. Early, in-person voting begins Friday.
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