Local elections in Virginia Beach are little more than a year away, and that ticking clock matters to plaintiffs in a federal voting rights suit against the city.
The city, too, is aware of the timetable but wants voters to choose their preferred method for selecting local elected officials. And voting is now underway in a referendum. It offers a choice between the 10-1 district system used in 2022 and 2024 or a “modified” version of Virginia Beach’s old 7-3-1 voting system, which is in the city charter but has never been used.
On Thursday, U.S. District Judge Raymond A. Jackson heard arguments from the city and the plaintiffs regarding the city’s motion to dismiss the amended complaint that the plaintiffs filed in August.
The city has argued it’s facing claims about a 7-3-1 system that hasn’t been — and may never be — used, and it wants to wait after referendum voting concludes on Nov. 4.
“There is no plan as we sit here today,” said Katherine McKnight, an attorney representing the city, during the hearing.
“The city and City Council have been focused on giving the public the opportunity to be heard,” Deputy City Attorney Chris Boynton told WHRO after the hearing. “And our presentation to the court today was focused on accomplishing that objective.”
If the public backs the 10-1, Boynton said, the General Assembly and newly elected governor would have to approve a charter change. Should the public support the 7-3-1, the City Council hasn’t adopted maps for such a system and may need to do so “very quickly.”
The 10-1 system was first used in the 2022 election after the original suit, known as the Holloway case for lead plaintiff Latasha Holloway, challenged the old “at-large” system. In that matter, Jackson found that the 7-3-1 system denied Black, Hispanic and Asian-American voters the opportunity to select candidates of their choice under the U.S. Voting Rights Act.
Before then, even voters living outside seven residency districts picked district representatives. That is no longer allowed under state law, but the city charter language still reflects a 7-3-1 system.
An appeals court in 2022 found the original Holloway case was moot due to changed state law but remanded the case back to Jackson. In 2023, Virginia Beach adopted the 10-1 system through a redistricting measure, but efforts to change the city charter failed. This year, a state judge found the city overstepped its legal authority by using it without a charter change.
Proponents of a modified 7-3-1 say voters could pick five of 11 members, rather than two of 11 under the 10-1. The mayor, elected citywide, is the 11th council member.
Thursday, Jackson asked about why the city hasn’t continued to try to place the 10-1 system in the charter, noting that the city has been “all over the place.”
McKnight, representing the city, noted Virginia Beach is being “ping-ponged” between challenges. She argued that the city tried to enact the 10-1 system, but it led to the state lawsuit.
Simone Leeper, senior counsel for redistricting at the Campaign Legal Center, is representing the plaintiffs and argued against the 7-3-1 system.
“The rights of Virginia Beach’s voters cannot be infringed in 2026,” Leeper said Thursday.
In an interview, Leeper said the plaintiffs want to proceed before the process begins early next year for candidates in the 2026 local elections.
“And the plaintiffs are going to do everything in their power to make sure this case is adjudicated before that point – and do everything within their power to ensure that the next election in Virginia Beach goes forward under a lawful system,” Leeper said.
Virginia Beach had sought either to delay Thursday’s hearing until after the Nov. 4 election “to avoid influencing the vote in the referendum” or for the court to consider motions based upon written filings.
Jackson issued a written order on Oct. 16 stating that the issues in the case are too complex for a continuance or for him to decide the motion without a hearing.
