On October 12, U.S. District Court Judge David J. Novak refused to dismiss the lawsuit Goldman v Northam, e.d., 3:21cv-420. He also requested that the chief judge of the Fourth Circuit appoint two more judges for this case. The chief judge of the Fourth Circuit did make such appointments on October 13.
The issue is whether it violates one-person, one-vote, for Virginia to use districts based on the 2010 census to elect its House of Delegates on November 2, 2021. A hearing will be held in this case on December 3, 2021. It is possible that the election returns for House of Delegates held next month will be nullified, and a new election scheduled, after new districts, based on the 2020 census. Or it is possible that the 2021 election returns will be valid, but the winners will only be permitted to serve one year terms.
Voters Vote – NOT census pops
SCOTUS brain ROT since 1964 gerrymander cases.
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PR
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TOTSOP
Multi-member districts combined with proportional representation would have probably prevented this from even being a thing.
It is federal statute to have a 3-judge panel in redistricting cases. The immediate decision was procedural. Virginia officials had argued to have the case dismissed based on sovereign immunity (11th Amendment). The judges ruled based on an interpretation that Virginia was not being sued, but rather individual Virginians. Certain Virginians were dismissed, including Governor Northam.
The complaint is based on a similar case from 1981. But there are material differences. In 1981, Virginia had redistricted but the federal court ruled that the districts had too much population deviation. They made their decision weeks before September primaries. They had to choose between using the old boundaries, delaying the election and drawing new lines, or letting the primaries go on with the condition that the 1981 elections were for a one-year term.
In 2021, no attempt has been made to redistrict, the primaries were in June using the 2011 boundaries, and redistricting data was not available until August.
There are no hearings until after the election. The case will eventually be dismissed as moot.
The National Libertarian Party (LNC) used the systemic racism with Opavote and Zoom in 2020 and I was present in that systemic racist process where only one of the ten female Libertarian Party Presidential candidates was placed on their Opavote digital eballot and she won.
Only ONE of ten women on their digital eballot.
That’s systemic racism and they’re doing again now everywhere. We never hear about anything but the party bosses dictatorship control under one-party voting system of Approval Voting by LNC.
Why does Virginia have legislative elections in odd numbered years?
ALL States should have odd year state elections —
have SOME competition for USA offices in even years.
@WZ,
Why does the US have congressional elections in even years when terms start in the following year? Why are they in November on a Tuesday?
The Virginia Constitution specifies quadrennial and biennial terms. It just happened when the constitution was adopted it was an odd year.
The Reconstruction-era Constitution (1868) provided for election of officers coincident with the ratification of the constitution. But that election slipped until 1869 and Virginia has had odd-year elections ever since.
JR asks –
Why does the US have congressional elections in even years when terms start in the following year? Why are they in November on a Tuesday?
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Part — USA Const got enough Art VII States in 1788 – immediate elections – new regime effective 4 Mar 1789 — one of last Acts of olde 1777 Art Confed Congress [ since effective date not in 1787 USA Const ].
Part — Nov- just after Oct final crops harvest ???
How many States had Nov state/local elections in 1787-1788 ???
more- Nov tuesday
https://www.history.com/news/why-is-election-day-a-tuesday-in-november
@DR,
The history.com article is bunk.
After the 1788 Philadelphia coup, the rogue convention wanted to get the usurped Continental Congress back on side. They had George Washington, who was the presiding officer of the convention, write a letter to the Continental Congress requesting that they forward the document to the States where rogue conventions would bypass the legislatures and also have the Continental Congress count the votes for ratification and to establish the schedule for initiation and the meeting place for Congress.
Congress set the first Wednesday in December for appointment of electors, the first Wednesday in January for meeting of electors, and first Wednesday in February for meeting of Congress. The Congress could not determine where the meeting place would be, and the schedule slipped a month. Thus the first meetin of Congress was Wednesday, March 4 1789.
When Congress met they didn’t have a quorum and thus could not count the electoral votes. By the time got a quorum to determine that George Washington had been elected, and for GW to travel to NYC it was April 30.
They realized that having an incoming Congress elect the president would be problematic, so they had the previous Congress count the electoral votes and contingently elect the President.
They had to provide time for Congress to decide (recall the 1801 deadlock), for electors to reach the meeting place, for the electors to be notified, for votes to be canvassed, and local counts to be sent to the state capital.
They established an early December meeting date for the electors, and set the preceding four weeks for appointing electors. Remember that many states did not have direct election for electors.
So November as the presidential appointment/election time was established working backwards from March 4, which was more or less happenstance.
https://press-pubs.uchicago.edu/founders/print_documents/v1ch6s11.html
1787 Convention Resolution and letter
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Art VII State conventions NOT *rogue* —
many had demands for added Fed Bill of Rights >>> Later 1789-1791 USA Const 1-10 Amdts.
@DR,
The AOC were ratified by state legislatures, and provided that they were perpetual and amended only by consent of the legislatures. The stat conventions were complicit in the Philadelphia coup.
Under the Constitution (Article II, Section 1) Congress has the authority to set the time for appointing electors, and the date for their meeting. The date was to be uniform throughout the country. Congress had established the uniform date in December. The time for appointment was just the previous month. Many legislatures appointed electors, so the date was up to the legislature. But when the electors were elected, the election was early in the month. This provided time to canvass the votes statewide, notify the electors, and time to travel to the meeting.
By 1844 only South Carolina still used legislative appointment. It was not a big step to set a uniform election date for presidential electors.
Very few states held congressional elections in November.
Congress considered making an exception for South Carolina since the early November date required a special session. After all, Congress did make an exception for states that required majority election (this exception still exists).
In 1844, congressional elections were generally in the first part of the week. Use of Tuesday may have been a compromise among Monday, Tuesday, Wednesday, and Thursday. The odd construction of first Tuesday after first Monday ensures a uniform time period between the election and the meeting date.
NOOOO caucuses, primaries and conventions.
Equal nom pets.
ONE Election Day per year – TOTAL mobilization.
Armies of folks watching – ONE count of votes.
Take office 7 days after election days.
Courts can clean up any super mess- olde quo warranto updated.
PR
APPV
TOTSOP
Ok