VIRGINIA BEACH, Va. — A lawsuit alleging two Virginia Beach mayoral candidates are ineligible to run -- filed by a third mayoral candidate -- has been dismissed.
Richard Kowalewitch claimed that incumbent Mayor Bobby Dyer and City Councilwoman Sabrina Wooten were ineligible because they did not resign from their respective seats, which would have needed to take effect on Dec. 31.
He cited charter language stipulating that the resignations are tendered "not less than 10 days prior to the date for the filing of petitions as required by general law."
"These resignations did not occur which makes these persons' appearance on the ballot unlawful and a violation of the rights of all registered voters in the City of Virginia Beach, which includes the other candidates for Mayor who do lawfully qualify," Kowalewitch's filing reads.
Current councilmember and mayoral candidate Chris Taylor confirmed to 13News Now at the start of September that he tendered a resignation in June, which would take effect Dec. 31, 2024, which is why he was not named in the suit.
The lawsuit was dismissed at the Virginia Supreme Court on Friday because there was no "authority imposing a clear and unequivocal ministerial duty on any of the respondent to disqualify or remove Dyer or Wooten from the ballot due to their non-compliance with the Resignation Clause."
In other words, none of the Virginia Beach election officials cited in the suit had the authority to remove the two candidates.
Kowalewitch has previously filed a lawsuit challenging the city's shift to a 10-1 voting system, claiming it similarly violated city charter code, with the argument being the charter was changed improperly to allow for the changed system.
Kowalewitch has previously run for Virginia Beach mayor -- but did not win -- in 2012, 2016, and 2020. He has also run for several city council district races.
