Justia Virginia Supreme Court Opinion Summaries

The case concerns the process by which a proposed constitutional amendment, authorizing partisan gerrymandering of congressional districts in Virginia, was submitted to the voters. The General Assembly approved the proposed amendment during a disputed special session in October 2025, after voting in the general election for the House of Delegates had already begun. Approximately 1.3 million votes had been cast before the General Assembly’s first vote on the amendment. The General Assembly then approved the proposal again in the 2026 regular session, and the amendment was put to a popular vote, ultimately passing by a narrow margin. The new map, contingent on the amendment’s approval, would have significantly shifted the partisan balance of Virginia’s congressional delegation.The Circuit Court of Tazewell County reviewed challenges to the constitutional amendment process, focusing on whether the requirements of Article XII, Section 1 of the Virginia Constitution, which governs the procedure for amending the state constitution, were properly followed. The central issue was whether the intervening general election required by the Constitution occurred after the General Assembly’s first vote on the amendment but before the second, thus giving voters the intended opportunity to influence the process.The Supreme Court of Virginia held that the legislative process used to advance the proposed amendment violated Article XII, Section 1 of the Virginia Constitution because the first legislative vote occurred after voting in the general election had already begun. The court concluded that the “general election” includes the entire period when votes are cast, not just Election Day, and strict compliance with the constitutionally mandated procedure is required. As a result, the referendum and the amendment were declared null and void. The court affirmed that the existing, nonpartisan congressional maps remain in effect for the upcoming elections. View "Scott v. McDougle" on Justia Law

The Supreme Court reversed the judgment of the circuit court ordering the removal of Herbert Townes and David Silvestro from the City of Hopewell Electoral Board, holding that the circuit court erred by setting the burden of proof as a preponderance of the evidence and abused its discretion by excluding certain evidence.Specifically, the Supreme Court held (1) because removal proceedings are quasi-criminal in nature due to the high penalty they impose on a removed official, the correct burden of proof is clear and convincing evidence, a higher standard than that applied by the circuit court in this case; (2) the circuit court did not improperly allow the Commonwealth to expand its grounds for removal beyond the grounds pled in its petition for removal; and (3) the circuit court abused its discretion when it excluded certain defense evidence at trial. View "Townes v. Virginia State Board of Elections" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing a petition to remove an elected officer, holding that the petition failed to comply with the requirement set forth in Va. Code 24.2-233 and -235 that the signatures of petitioners who are registered voters equal to ten percent of the votes case in the last election be made under penalty of perjury.The circuit court dismissed the petition at issue on the grounds that the petition was not signed under penalty of perjury by a number of registered voters equal to ten percent of the votes cast in the prior election for that office. The Supreme Court affirmed, holding that, reading sections 24.2-233 and -235 together, the text of the statutes requires that the signatures of ten percent of the registered voters on a petition for the removal of an elected officer must be signed under penalty of perjury. View "Commonwealth v. Williams" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing a petition to remove an elected officer, holding that the petition failed to comply with the requirement set forth in Va. Code 24.2-233 and -235 that the signatures of petitioners who are registered voters equal to ten percent of the votes case in the last election be made under penalty of perjury.The circuit court dismissed the petition at issue on the grounds that the petition was not signed under penalty of perjury by a number of registered voters equal to ten percent of the votes cast in the prior election for that office. The Supreme Court affirmed, holding that, reading sections 24.2-233 and -235 together, the text of the statutes requires that the signatures of ten percent of the registered voters on a petition for the removal of an elected officer must be signed under penalty of perjury. View "Commonwealth v. Williams" on Justia Law

Plaintiffs brought an action against the Virginia State Board of Elections, the Department of Elections, and various officers in their official capacities, alleging that eleven districts were unconstitutional and seeking to enjoin the use of the current district map in future elections. Subpoenas duces tecum were served upon several members of the General Assembly (the Virginia Senators) and the Division of Legislative Services (DLS) demanding production of certain documents and communications. Claiming legislative privilege, the Virginia Senators and DLS (collectively, Appellants) filed motions to quash. The circuit court denied the motion to quash, holding that the legislative privilege does not extend to DLS or to documents and communications between members of the General Assembly and consultants, DLS, or other third parties. When Appellants refused to comply with the production order, the court held Appellants in civil contempt. The Supreme Court vacated the portion of the order holding Appellants in contempt, holding that the circuit court abused its discretion by holding Appellants in contempt because the material sought in the subpoenas duces tecum were protected by the legislative privilege. View "Edwards v. Vesilind" on Justia Law