The City of Virginia Beach says a new lawsuit about the legality of changing the city's voting system ignores basic facts surrounding the change.

Several Virginia Beach residents, including former members of the planning commission and city council, contend in a lawsuit filed earlier this month that the change was illegal and deprived voters of their rights in the 2022 election.

The plaintiffs are pushing for a special election for the council and school board seats elected during the 2022 city elections, as well as a referendum on whether to change the city charter to change the voting system.

In a press release responding to the lawsuit, the city wrote “what is not in the lawsuit is as important, or more important, than what is in it.”

A federal court ruled in 2021 the city’s previous voting system - which featured three city council seats voted on at-large throughout the city - violated the Voting Rights Act by diluting minority voting strength.

The city notes that because the court found that at-large methods of election would diminish the voting power of minority residents, a system like what exists in the city’s charter conflicts with state and federal voting rights laws. The city says that’s true even if it uses a hybrid system with some districts and some at-large seats.

The court ordered Virginia Beach to implement a new system in 2021, with 10 council members elected from districts with only the mayor voted on city-wide.

Since then, Virginia Beach’s City Council adopted the 10-1 election structure for future city elections. 

Legislation is making its way through the General Assembly to change the city’s charter to reflect the new system and bring it in line with state election laws.

The city notes in its statement that any attempts to contest the 2022 elections needed to be filed within a month of the November election.

A city spokeswoman said Thursday Virginia Beach will be filing a response to the lawsuit in court.

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