VIRGINIA BEACH, Va. — A judge has ruled that a lawsuit challenging the City of Virginia Beach over the 10-1 voting system will go to trial.
The lawsuit claims the City is obligated by charter to follow a different voting system. In the meantime, the judge said the 2024 election will continue onward using the current 10-1 voting system.
"The City is encouraged that the court dismissed the entirety of plaintiffs' challenge to the 2022 election and denied the plaintiffs' request to enjoin the 2024 election," said Deputy City Attorney Christopher Boynton in a statement. "We look forward to presenting additional evidence at trial as to why the Virginia Voting Rights Act compelled the city to adopt the 10-1 system."
The lawsuit was originally filed earlier this year in Virginia Beach Circuit Court by a group that includes former City Councilman Linwood Branch. The lawsuit claimed the City took away voters' rights by using this 10-1 voting system.
RELATED: Lawsuit filed over Virginia Beach's new 10-1 voting system, claims it violates city charter
The 10-1 system means residents can only vote for candidates in their district. Before the system was implemented in November 2022, Virginia Beach used an at-large system, meaning residents could vote for every candidate citywide.
The plaintiffs also allege the city eliminated three at-large seats that were established by the city charter.
“Well, it should go to trial; matter of fact, it should go to summary judgment. The City of Virginia Beach clearly states how elections are to be run. You have to file this. This takes precedence over general law," said mayoral candidate Richard "RK" Kowalewich.
Kowalewich is celebrating the ruling. He is running for mayor, but in the past, he has filed lawsuits against the city, calling out its voting practices.
“If it’s not in writing in the state of Virginia for localities, it’s void. It has to be in writing, expressing in writing as according to the Dillion rule.”
While the ruling states the 2024 election will continue using the 10-1 voting system, Kowalewich believes the right choice is giving voters the right to choose how they want to vote.
"The outcome should be just what it’s supposed to be. What the law says it should be. It should be a special election. The citizens of Virginia Beach get to pick what system they want, whether it be a 10-1 system, or an at-large system, or a hybrid. There’s only three ways to do it: let the citizens pick what they want and then let that stand," said Kowalewich.
A previous lawsuit alleged the city's at-large system disadvantaged minorities. In 2020, a federal judge sided with that argument, calling the at-large system illegal and ordering the use of a 10-1 election system.
In May of this year, a judge denied the injunction that would have stopped Virginia Beach from using its 10-1 voting system.
Boynton said the judge's denial of the injunction means the system will still be in place for 2024, even though the lawsuit is allowed to go to trial.
A trial date hasn't been set at this time.
