On June 8, 2022, a Virginia voter filed a federal lawsuit against the Commissioner of Virginia's Department of Elections and the Chairman of Virginia's Board of Elections challenging the 2021 Virginia House of Delegates election as violating his constitutional rights. The plaintiff asserts that the Virginia House of Delegates districts used in the 2021 election were unconstitutionally malapportioned in violation of the one person, one vote requirement under the 14th Amendment's Equal Protection Clause, thereby violating his constitutional right to an equally weighted vote. Citing a relevant 1981 federal court decision and a federal district court's recent dismissal of a substantially similar case, Goldman v. Brink, on standing grounds, the plaintiff asserts he has standing to bring this suit as a voter residing in an overpopulated House district in 2021 and is asking the court to order a special House of Delegates election be held at the time of the 2022 general elections using the State's new, constitutionally apportioned redistricting plan.

On August 1, 2022, the district court issued an opinion dismissing the plaintiffs' claims because they lacked the traceability and redressability requirements to establish constitutional standing. The court explained the events which gave rise to the alleged harms to the plaintiffs' voting rights, namely the delayed release of 2020 Census data due to the COVID-19 pandemic, were independently caused and not traceable to any of the defendants' actions, and neither the court nor the defendants possessed the legal authority to provide the special election remedy sought here.

Related Case: Goldman v. Brink


U.S. District Court for the Eastern District of Virginia, Richmond Division - No. 3:22-cv-427