Judge dismisses lawsuit attempting to speed up special election for vacant 38th District State Senate seat

A lawsuit filed to try and move up the special election for the vacant 38th district senate seat from March 23 has been dismissed by a judge.

Virginia Beach Attorney Tim Anderson filed a suit on behalf of a Dickenson County, VA resident, citing instances in the last year where Gov. Ralph Northam quickly set dates for special elections after two Democratic delegates resigned for other positions, but did not do the same for this Republican held seat, vacated in the death of Sen. Ben Chafin.

The Virginia Attorney General’s office had filed to have the suit dismissed based on current law. Although a judge found the petition and court to have jurisdiction, a ruling went in favor of the AG’s office, as Anderson stated after the hearing that the Governor was not compelled to set a special election date sooner as VA Code does not prescribe a date when special elections must occur.