VIRGINIA BEACH, Va. — A former mayoral candidate and another man filed a lawsuit against the City of Virginia Beach claiming the voting system was illegally changed before the elections in November 2022.
According to a release on Saturday, Richard Kowalewitch and Donald Edwards allege the voting system change was a "violation of rights" and was "unlawful."
In the lawsuit, Kowalewitch and Edwards accuse the city government of violating the U.S. Constitution, the Virginia Constitution and its city charter.
The lawsuit calls for a special election for the allegedly "unlawful" seats of the Virginia Beach City Council and Virginia Beach School Board, along with an election or referendum to the Virginia Beach City Charter.
A spokesperson for the city told 13News Now said its motion to dismiss the lawsuit is currently pending before the court.
"We believe the lawsuit is entirely without legal or factual merit," a city spokesperson said. "The 2022 City Council election was administered using the 10-1 single member district system that was ordered by the U.S. District Court for the Eastern District of Virginia. A federal court order takes legal precedence over any state or local laws, including a City’s Charter."