Virginia Attorney General Jay Jones, along with notable Virginia Democrats, has filed a motion asking the Virginia Supreme Court to delay issuing their mandate striking down the redistricting referendum that would give Democrats a 10-1 advantage.
He issued the motion, with supporters in House Speaker Don Scott and Sen. Louise Lucas, to pause the mandate on Friday night after the state Supreme Court ruled 4-3 that the process by which the referendum reached the ballot did not comply with constitutional requirements.
"We hold that the legislative process employed to advance this proposal violated Article XII, Section 1 of the Constitution of Virginia. This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy," read an opinion written by Justice D. Arthur Kelsey.
This decision comes after the measure passed by a margin of 51.69% to 48.31% during a special referendum held on April 21, according to unofficial results published on the Virginia Department of Elections' website.
Jones said in a statement that they were reviewing the decision, which he called an "unprecedented order" and planned to "defend the will of the people."
Jones wrote that they also plan to file an Emergency Petition to the U.S. Supreme Court.
It is still not clear what grounds Jones will use to appeal the decision.
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