VIRGINIA BEACH, Va. — A candidate running in Virginia Beach's 2024 mayoral election has filed paperwork with the Virginia Supreme Court, alleging two other candidates running for the office are not eligible based on the city's charter.
Currently, there are five people running in the 2024 Virginia Beach mayoral race: incumbent Mayor Bobby Dyer, City Councilwoman Sabrina Wooten, City Councilman Chris Taylor, former City Councilman John Moss, and Richard Kowalewitch, who made the court filing.
In the filing, Kowalewitch alleges that Mayor Dyer and Councilwoman Wooten are ineligible candidates in the race because they did not tender resignations of their respective seats that would have taken effect on December 31.
He cites 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," the filing reads.
Current councilmember and candidate Chris Taylor confirmed to 13News Now he tendered a resignation in June, that would take effect December 31, 2024.
The defendants in the matter are the Virginia Beach Voter Registrar and the city's Electoral Board, because he argues they are the ones tasked to ensure candidates fulfill the requirements to appear on ballots.
"It is important to note that the City is not a party to this case. Rather, the only defendants in this case - the Voter Registrar and the Electoral Board – are represented by attorneys appointed by the state’s Division of Risk Management," a city spokesperson said in a statement to 13News Now. "For this reason, the City will reserve comment on the particulars of the litigation, and instead await the court's ultimate decision in the matter which involves an interpretation of state law."
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.
The Virginia Beach Electoral Board chair did not wish to comment on the story yet, citing that he had not individually been served yet.