Gloucester County supervisors vote to ask Virginia Supreme Court for leave to file amicus brief on redistricting referendum

The Gloucester County Board of Supervisors voted unanimously on March 9 to authorize county counsel to ask the Supreme Court of Virginia for permission to file an amicus brief challenging the legality of a mid-decade congressional redistricting referendum.

Supporters and opponents of the move packed the public-comment period earlier in the meeting. Terresa Ultimus, a Gloucester Point resident, urged supervisors to "vote yes to go ahead and file it" and called the referendum "an unconstitutional power grab" that would disenfranchise smaller localities if it shifted the county into a new congressional district. Several other residents and dozens of emailed and voicemail submissions urged the board instead to "let the voters decide" and warned against using county resources to influence the outcome.

County Attorney Edwin Wilmont told the board the first procedural step is a motion for leave to file an amicus brief with the Supreme Court of Virginia. "Localities and third parties or nonparties are not allowed to file an amicus brief without permission of the court," Wilmont said, explaining the motion must summarize what the county would offer and which side it would support. He told supervisors the additional legal work would be performed under his existing engagement and "will not cost the county any additional time or resources." He also said the court could deny the motion, in which case no brief would be filed.

Dr. Lemming moved to authorize Wilmont to file the motion; a second was recorded and, after brief discussion, the board voted in favor. The roll call recorded Dr. Lemming, Mr. Hudson, Mr. Krisco, Mr. Nosa, Miss Hansen, Mr. Bonavville, and the final member voting "yes." The motion carried.

Wilmont said, if the court grants leave, he would return to the board with a proposed draft of the brief and solicit the board'members'input before filing. He described the likely content as reiterating arguments already presented by parties challenging the referendum'that the special session process and ballot language may not comply with the General Assembly's procedures and the Commonwealth's constitution.

The board's decision to seek leave to file drew strong reaction in public comment: many callers and writers called the filing an improper use of county funds and an attempt to interfere with the special election, while others urged the supervisors to use their sworn duties to defend constitutional requirements. Several residents specifically said filing a motion would not stop voting; Wilmont and board members clarified that the motion itself does not suspend the election and that the court could simply deny permission to file.

Next steps: Wilmont must prepare and file a motion for leave to file the amicus brief with the Supreme Court of Virginia by the court'imposed date if the board wishes to proceed; if the court grants leave, the county would have a short window to submit the brief and the board would review a draft beforehand.