Quantcast

Status of upcoming congressional election still unknown

Jeremy M. Lazarus | 1/12/2023, 6 p.m.
A federal judge could decide next week whether to halt the snap election to replace the late Congressman A. Donald …
Sen. McClellan and Jerome Legions Jr.

A federal judge could decide next week whether to halt the snap election to replace the late Congressman A. Donald McEachin.

Judge Roderick Young is to consider on Wednesday, Jan. 18, whether the state-sanctioned Democratic nomination process that resulted in Richmond state Sen. Jennifer L. McClellan becoming the party’s candidate violated the federal constitution and the Voting Rights Act as at least seven plaintiffs have alleged.

The general election faceoff between Sen. McClellan and Republican Leon Benjamin Sr. in the 4th Congressional District is currently set for Tuesday, Feb. 21, under an order that Gov. Glenn A. Youngkin issued in mid-December in a bid to quickly fill the seat that became vacant following Congressman McEachin’s death on Nov. 28.

But Judge Young could prevent that from happening if he finds significant merit in the claims of the plaintiffs, who include Paul Goldman, former chair of the state Democratic Party, and Tavorise K. Marks, a businessman and one of the three candidates whom Sen. McClellan defeated in the Democratic “firehouse” primary.

The defendants, including Gov. Youngkin and members of the state Board of Elections, have until Monday, Jan. 16, to provide a written response ahead of the hearing.

Mr. Goldman initially filed the suit in seeking to defend voting rights. The case is now in the hands of Charlotte County attorney John Janson, who has alleged in an amended complaint that the rushed state-sanctioned nomination process resulted in the denial of the rights of thousands of citizens to participate.

Gov. Youngkin set the date for the general election and then gave the major parties and independents just 11 days to file paperwork to make the ballot.

The Virginia Republican Party held its informal primary on Dec. 17 with just one polling place, leading to the nomination of Mr. Benjamin, a minister, who previously lost two contests to Congressman McEachin.

The state Democratic Party followed on Dec. 20 with its informal primary that Sen. McClellan won that offered eight polling places in seven localities.

The suit alleges that eight polling places were too few, noting that registered voters in eight of the 15 localities in the

4th Congressional District had no polling place. That forced residents of those communities to drive substantial distances to cast a ballot, the suit alleges.

The suit also alleges that Democrats made no provisions for absentee voting by active duty military personnel, those hospitalized and in nursing homes, working parents and others for whom the limited polling options and the long lines that resulted created a barrier to casting a ballot.

According to the suit, the state can authorize parties to run operations to choose nominees, including informal primaries, but those operations must meet the constitutional standards that the state would have to follow if it were directly involved.

The state did run primaries in the 4th Congressional District in 2016 and 2020, with all polling places open in the localities that comprise the district, including Richmond, Petersburg and the counties of Henrico and Chesterfield.

Mr. Goldman said the U.S. Supreme Court has ruled repeatedly that primaries should not be designed to benefit parties, but to accommodate the voters seeking to participate.