Bedford County Commissioner appeals dismissal ruling claiming ‘procedural flaws’
“Failure to meet deadline for proposal release” vs. “Intention to interfere with democratic voting process”
Referendum on November 3 to proceed as scheduled… Depending on the court's judgment, there is a possibility of post-election invalidation
In Virginia, a bill guaranteeing women's right to decide on pregnancy and childbirth through the state constitution is scheduled to be put up for referendum (Question 1) on November 3, and tensions are rising as the legal battle over procedural legitimacy continues to appeal, just days before the election.
According to legal circles and state election authorities on the 27th, Bedford County's Supervisor Charla Bansley filed an appeal with the Virginia Court of Appeals against the lower court's dismissal ruling, claiming that the state legislature did not follow all legal procedures in putting the pregnancy and childbirth decision amendment on the ballot.
Mat Staver, president of Liberty Counsel, a conservative legal group representing Commissioner Bansley, said, "The state legislature will hold the 2025 House elections. “I intentionally violated the relevant regulations requiring the specific text of the amendment to be made public at least 90 days in advance,” he claimed. It is explained that this provision is an essential procedure to ensure that voters are fully aware of the contents of the constitutional amendment and to hold lawmakers accountable.
On the other hand, the Bedford County Circuit Court, the trial court, dismissed the lawsuit, and voter rights advocacy groups are protesting, calling it a "desperate attempt to interfere with voters' democratic expression of opinion."
This lawsuit only deals with 'procedural flaws', not the pros and cons of the amendment. Experts believe the appeals court will focus on whether the state legislature's procedures were followed and the legality of the timeline. Aaron S. Van Allen, professor of government at Liberty University, explained, "Criticism of the contents of the bill and raising questions about the proposal process are strictly separated in legal terms."
Referendum No. 1 (Question 1), which is put to a vote, contains content specifying the right to make autonomous decisions regarding pregnancy and childbirth, including prenatal care, childbirth, contraception, abortion, miscarriage management, and infertility treatment, as a basic right under the state constitution. However, an exception has been made so that the state can regulate abortions in the third trimester of pregnancy (after about 28 weeks), except in cases where it is confirmed that the mother's life and health is protected or the fetus is not viable.
The outcome of this legal lawsuit is attracting attention as it may have an impact even after the voting results are announced on election day.The plaintiff's position is that if the court recognizes a procedural defect, the amendment itself should be invalidated regardless of whether voters approved it.
With the state court appellate process in progress, political and legal experts advised that it is important for voters to exercise their voting rights according to their individual values until the final ruling is made.