Virginia: On June 28, Paul Goldman, a candidate for the Virginia House of Delegates, filed suit against Gov. Ralph Northam (D) and the Virginia State Board of Elections (among other state officials), asking that a U.S. District Court declare the Nov. 3, 2021, elections for the House of Delegates invalid, limit the terms of delegates elected in 2021 to one year, and order new elections to take place in 2022. Because members of the House of Delegates serve two-year terms, a court order to this effect would result in elections in three consecutive years: 2021, 2022, and 2023.
The Constitution of Virginia requires that elections for the House of Delegates take place every two years on the Tuesday following the first Monday in November. Regularly scheduled elections occur in odd-numbered years. Because of the delayed release of U.S. Census redistricting data, redistricting authorities in Virginia were unable to draft new legislative district maps for this year’s elections. Consequently, existing maps will remain in force. Goldman argues that conducting the 2021 elections under the existing maps violates both the state and federal constitutions. Citing Cosner v. Dalton, a 1981 decision in which a federal court ordered the terms of delegates elected in 1981 under invalid maps be limited to one year, Goldman is asking that the court limit the terms of delegates elected in 2021 to one year and schedule elections under new maps in 2022.
In his complaint, Goldman said, “According to Cosner, plaintiff’s protected core political rights should allow him to run for the House of Delegates in 2022, not being forced to wait until 2023 due to the failure of the appropriate state authorities to adhere to the requirements of the federal constitution.”
Del. Marcus Simon (D), who serves on the Virginia Redistricting Committee, said the Cosner precedent does not necessarily apply to this situation: “In the 1980s, we deprived people of their civil rights, we had racially improper districts. Given the circumstances for why we don’t have districts today, I don’t know that the same urgency would apply.”
Utah: On June 30, the Utah State Legislature announced an anticipated timeline for congressional and state legislative redistricting. Under that timeline, the Legislative Redistricting Committee will hold public hearings in September and October and adopt final maps before Thanksgiving.
Wisconsin: On June 30, Assembly Speaker Robin Vos (R) and Senate Majority Leader Devin LeMahieu (R) petitioned the Wisconsin Supreme Court to reverse a lower court’s ruling that barred them from hiring private attorneys in anticipation of challenges to the redistricting process. The court set a July 8 deadline for briefs from all parties involved in the matter.
On April 29, Dane County Circuit Judge Stephen Ehlke ruled against Vos and LeMahieu and in favor of the plaintiffs, four Madison, Wisc., residents who argued that state law prohibits legislative leaders from hiring attorneys from outside the Wisconsin Department of Justice before a lawsuit has been filed. Vos and LeMahieu appealed that decision to a state appellate court, which declined to stay Ehlke’s original order. This prompted the present appeal pending before the state supreme court.