By Shirleen Guerra | The Center Square
(The Center Square) – A Richmond Circuit Court judge has denied a request from three Virginia circuit court clerks seeking to stop lawmakers from advancing a proposed constitutional amendment tied to redistricting.
The complaint was filed Oct. 31 by clerks from Spotsylvania, Lunenburg and Henrico counties, arguing that the General Assembly overstepped its authority by reviving a 2024 special session to pass House Joint Resolution 6007, a proposed constitutional amendment that would allow lawmakers to take up redistricting in 2026.
The plaintiffs, Christalyn M. Jett, Gordon F. Erby and Heidi S. Barshinger, named as defendants House Clerk G. Paul Nardo, Senate Clerk Susan Clarke Schaar, House Speaker Don Scott, and Lt. Gov. Winsome Earle-Sears, all in their official capacities.
According to the verified complaint, the clerks said they were being placed “in an impossible position,” arguing that posting notices of the proposed amendment less than three months before Election Day would violate Virginia Code §30-13. They asked the court to declare the special session “void and of no effect” and to issue a temporary restraining order before ballots were finalized.
Judge Tracy Thorne-Begland denied the request Monday, allowing the Legislature to continue its process.
Senate Majority Leader Scott Surovell, D-Fairfax, said the ruling “reaffirms a simple truth: Virginia’s courts are not controlled by President Trump. While the U.S. Supreme Court will not limit President Trump’s power, Virginia’s courts remain independent and have now spoken clearly twice — our institutions in Virginia still serve the people, not just one President or party.”
Gov. Glenn Youngkin had called the process “shameful, fundamentally wrong and illegal” before the court’s decision, saying Democrats “sold out all Virginians for $300,000” and that voters “deserve fair districts.”