The Spotsylvania County Board of Supervisors adopted a resolution Thursday evening stating that it will not permit county facilities or resources to be used for early voting on a controversial referendum regarding redistricting efforts in Virginia unless authorized by a “court of competent jurisdiction.”
The board approved the resolution 6-0, with its lone Democrat, Salem District Supervisor Deborah Frazier abstaining.
Frazier abstained because “I just need more time to digest what is being said.”
The issue is that under Article XII, Section 1 of the Virginia Constitution, amendments must be approved by the General Assembly and submitted to voters no sooner than 90 days after final passage. The Spotsylvania board, in its resolution, states that the amendment was passed on Jan. 16. That sets the stage for early voting to begin on March 6 and the final day of voting on April 21. The board believes a March 6 start of early voting is unlawful.
The board suggests that early voting should start no earlier than April 16, with the final day of voting on May 31.
Also on Thursday, a Tazewell County Circuit Court judge granted an emergency injunction blocking the referendum while the case makes its way through the court system.
Spotsylvania County Attorney Karl Holsten noted that the resolution will let county election officials know where the board of supervisors stands on the issue, but the local governing body cannot stop an election if it is court ordered.
“Their operations and what they must do is governed by other sources,” Holsten said of the county board of elections and the general registrar. “This board does not have any authority to direct the local board of elections or the registrar, but I can assure you the local board and the registrar is working closely with the state board of elections and other support counsel, attorneys and all the infrastructure that is out there to support them on this issue. But the reality is that it lies with the courts right now.”
Holsten said he foresees the case reaching the Supreme Court of Virginia, and “everybody is at the mercy of when the Supreme Court is going to give its guidance,” and that may or may not happen before early voting begins.
The board’s resolution states that it determined that a substantial constitutional question exists regarding the commencement of early voting prior to April 16. It goes on to mention that its refusal to allow county-owned facilities and resources to be used for early voting is to remain in compliance with the 90-day provision in Article XII, Section 1 of the state constitution.
Supervisor Jacob Lane of the Livingston District emphasized that the resolution isn’t challenging the redistricting — which has drawn the ire of Republicans because it leaves them in control of just one district in the state as currently constructed — but is focused only on timing.
“It is simply to allow both sides of the issue to have an equal and fair amount of time to get their arguments out among the public and to allow the voters to do what they feel is right with the proper information they have been given,” Lane said. “It has nothing to do with the congressional redistricting.”
In other business Thursday, Spotsylvania School Board Chair Megan Jackson, Vice Chair Belen Rodas, Superintendent Clint Mitchell and Chief Financial Officer Phillip Trayer presented the school board’s approved fiscal year 2027 budget to the supervisors.
The board of supervisors will set an advertised tax rate to determine funding for all departments, including schools, at its meeting this coming Tuesday.
The $547.6 million school board budget has a $5.8 million shortfall in local funding based on County Administrator Ed Petrovich’s proposed budget. Supervisor Chris Yakabouski highlighted the state funding formula called the Local Composite Index (LCI), which determines how much local governments can support their schools.
Yakabouski emphasized that the public should understand that, the wealthier the county becomes, the less funding the state provides, and it’s up to the board of supervisors to make up that difference and supply the division’s needs.
Once major projects like data centers and Kalahari Resorts and Conventions are functioning, the county will be required to provide more funding for schools.
“No good deed goes unpunished,” Trayer said. “You all have done a tremendous job of bringing in retail and commercial revenue into this locality, and the state will ultimately use it against us.”
At the start of the meeting, Chair Lori Hayes of the Lee Hill District offered condolences to the family, friends and co-workers of longtime Commissioner of the Revenue Deborah Fisher Williams who died on Feb. 9. The board voted unanimously to petition the Spotsylvania Circuit Court to hold a special election for the position on Nov. 3, the day of the general election. The winner’s term will end on Dec. 31, 2027.
