VIRGINIA BEACH, Va. — There's a new legal complaint about how elections are handled in Virginia Beach.
In a lawsuit filed in Virginia Beach Circuit on Wednesday, a former city councilman is part of a group alleging the City took away voters' rights when it began using a 10-1 voting system in November 2022.
The list of five plaintiffs features some familiar names, including former City Councilman Linwood Branch and Dee Oliver, who has held leadership roles with the city's planning commission.
The lawsuit claims city officials acted unlawfully according to the City Charter.
“If the City council did not have authority in state law to do so, then the citizens should have the opportunity to rely on their City charter," said the plaintiffs' attorney Brandan Goodwin.
The suit claims the city overstepped its power under State law when it got rid of three at-large City Council seats and started using a 10-1 voting system.
In August 2023, Virginia Beach City Council members voted to formally adopt district voting after debuting it in the 2022 election cycle. A 10-1 system means residents can only vote for the candidates in their district.
Virginia Beach historically used an at-large system, meaning residents could vote for every candidate city-wide, under a 7-3-1 system.
This is the second lawsuit filed this month against the city over the polling system after a formal mayoral candidate called it "unlawful" and a "violation of rights."
“We are worried about 2024 and the upcoming elections that voters of Virginia Beach will be abridged their right to vote for these three at large seats guaranteed by the City charter," said Goodwin.
The lawsuit requests that a State court determine the legality of the decision and an injunction preventing the City from using the 10-1 system in the upcoming 2024 election. The plaintiffs also support the adoption of a 7-3-1 election system, as stated in the Charter, said Goodwin.
Because of a law passed by the General Assembly in 2021, an all-at-large voting system cannot return.
In Richmond, Virginia Beach Del. Kelly Convirs-Fowler is carrying a bill that would in writing, allow the City of Virginia Beach to formally change the city's charter to allow for the elections change.
State Sen. Aaron Rouse is carrying the Senate version of the bill, which has already unanimously passed the State Senate. However, while the measure did pass through a House committee stage late last week, Virginia Beach Delegate Barry Knight and Delegate Anne Tata voted "nay" on the motion.
But Goodwin said courts should be able to review the case first.
“The courts should have that opportunity to review this in the first instance and the General Assembly shouldn’t ratify an unlawful action by the City Council,” Goodwin.
The City released a statement in response to the lawsuit and laid out the process of how the change came to be.
A former lawsuit alleged the city's all-at-large system, implemented at the time, disadvantaged minorities and diluted voting strength among people of color.
In 2020, a federal judge sided with that argument, calling the at-large system illegal, and ordered the use of a 10-1 election system.
However, an appeals court judge ended up throwing the ruling out, essentially finding it moot, but by then, city officials said the June 21, 2022, filing deadline had passed and state and local election officials had already used the new system.
"The Virginia General Assembly had adjourned its 2022 general session earlier in the year, so no charter change could have been realistically pursued in time for the November 2022 election," said a statement by a city spokesperson Thursday.
The lawsuit filed this week does not argue any federal claims, said Goodwin, and he mentioned that the City does have the power to redistrict under state law.
However, the City argued none of the plaintiffs filed a complaint contesting the system, districts used or results of the Nov. 2022 election before or within the required 30 days after the election.
"The challenge to the Nov. 8, 2022, local election is accordingly both untimely and moot, in addition to being substantively without merit," said the city's response.
City officials also cited the results of a public survey that "overwhelming" supported a 10-1 voting system and said they concluded the new plan is the only legally viable system under both federal and state law based on information presented to the city.
"Either the City has already lawfully, fully adopted the 10-1 system in its decennial redistricting measure and the suit is entirely without legal merit as to the adoption of the 10-1 system for 2024 and beyond," said the city's response Thursday. "Or the City is in the middle of an ongoing process of seeking lawful adoption of the 10-1 system via a charter or general law change in the General Assembly and this suit is unripe as to the City's adoption of such system."