Turpin Sues Over $5K Filing Fee #SD07
FILING ISSUES AGAIN in VIRGINIA AS TURPIN FILES LAWSUIT. Former Del. Cheryl Turpin (D), who served in theĀ Virginia HD85 from 2018 to 2020 and lost to Jen Kiggans in 2019 by 511 votes, has filed a lawsuit claiming that the $5,000 filing fee for the Senate seat vacated by Rep-Elect Jen Kiggans (R) is unconstitutional. There are no set filing fee requirements for special elections in Virginia.
Virginia Beach City Councilman Aaron Rouse is the Democratic nominee and Navy veteran Kevin Adams is the Republican nominee. A special election has been set for January 10, 2023. Whoever wins will fill the remainder of Kiggansā term, which expires in 2023, and will likely run again in the June 2023 primary.
Filing requirement issues arose in 2021 as three Black candidates were blocked from the ballot and denied the customary 10-day extension to refile. No lawsuits, changes in state law or party rules were made after the three Black candidates were blocked from the ballot.
The $5,000 filing fee was a requirement for Democrats running to fill Senate District 7 (SD07) after Kiggans resigned on Nov 15. Turpin lost (52-47) a special election to Rock Holcomb (R) in Jan. 2017 in HD85 and then won (50-49) against Holcomb in Nov 2017 as part of the anti-Trump blue wave.
Virginia Beach City Councilman Aaron Rouse paid the $5,000 filing fee and completed all the required paperwork before the filing deadline. Turpin, who was out of the country as the filing deadline passed, did not pay the $5,000 filing fee. Rouse has won the endorsement of most of the Democrats in Virginia Beach including Rep. Elaine Luria (D).
If Rouse wins the SD07 seat on Jan. 10, 2023, there will be 22 Democrats in the Virginia Senate and 18 Republicans.
Councilman Rouse earned 67,089 votes as he won election for an at-large seat for the Virginia Beach City Council in 2018 ā the highest vote total of six candidates.
The most votes Turpin has earned in three elections is 29,609 in her loss to Kiggans in 2019.
Kevin Adams is the GOP nominee for the SD07 State Senate race and will face off against Rouse in a special election on Jan. 10, 2023. The pro se lawsuit by Turpin, defended in the media by Richmond attorney Paul Goldman, asks the court, āto declare as unconstitutional the $5,000 filing fee required in the recent Democratic nomination process.ā There have been several other special elections in Hampton Roads with $5,000 filing fees for special elections.
There was a $5,000 fee requirement for the State Senate seat won via special election by Democrat Linwood Lewis (vacated by Ralph Northam in 2013) in 2014 and a firehouse caucus was called. The 2016 special Senate election in Nov. 2016 electing Lionell Spriull required a $5,000 filing fee (as Kenny Alexander became Mayor of Norfolk). The filing fee for a special election in Dec. 2021 to fill House District 89 (vacated by Jay Jones) won by Jackie Glass (D) was $3,000. Glass won over establishment favorite Alicia Smith.
Kiggans defeated Rep. Elaine Luria (D) on Nov. 8 by 15,921 votes. Turpinās lawsuit and filing deadline issues are reminiscent of filing issues that arose in 2021 involving three Black progressives who were blocked from the ballot. The three examples below highlight a lack of consistency regarding candidate filing and how rules are applied differently for no known reason.
In all three examples below the Black candidates were barred from the ballot. No lawsuits were filed related to any of the three incidents.
IN 2021, FILING DECISIONS BY SBE BLOCKED THREE BLACK CANDIDATES. In March of 2021, Matt Rogers sought to run for Virginia House District 47 (HD47) against incumbent Del. Patrick Hope. But after the State Board of Elections asserted part of Rogersā filing was late, they declared him ineligible for the June 2021 primary. The State Board of Elections (SBE) in Virginia is staffed by the party of whoever is in the Governorās mansion. In 2021, that was the Democrats, currently Gov. Glenn Youngkinās selections run the SBE.
The 2021 State Board of Elections became stricter regarding the three Black candidates who were planning to primary three Democratic incumbents.
A second Black would-be candidate, Richmond City Council member and Pastor, Mike Jones, planned a primary challenge to Del. Betsy Carr in HD69. The Board of Elections said Jonesā paperwork wasnāt filed on time to run in the June 2021. primary. After the SBE blocked Jonesā effort to get on the ballot, he pointed out in a March 2021 press release that the Boardās action, ācontradicts previous board precedent which granted Republicans and Democrats extensions.ā Pastor Jones is now running for the House of Delegates in HD77.
A third Black candidate, Dumfries Town Council member Cydny Neville, was campaigning to primary Del. Luke Torian, who was serving as Chairman of the House Appropriations Committee in 2021. The State Board of Elections declared Neville ineligible and denied her extension request, blocking her from the ballot and from challenging Torian.
All three races blocking Black candidates running against incumbents made the news but were not challenged legally. In April 2021, The Nationās Joan Walsh detailed what Activate Virginiaās Josh Stanfield discovered after he filed a freedom of information act request related to Rogers, Jones and Nevilleās candidate filings. Walsh wrote:
In The Nation, Walsh continued:
To state the obvious: Political parties donāt want their incumbents to have to spend money on primary challenges. The rules for filing extensions are controlled by political parties and are arbitrary.
Perhaps a member of the House of Delegates of the State Senate should file legislation to codify the election rules into law so they are consistent for all potential candidates in both parties?
Turpinās lawsuit names an endless number of defendants: Glenn Youngkin, Governor of Virginia, in his official capacity, L. Louise Lucas, Senate President Pro, Tempore, in in her official capacity, Robert Brink, Chairman of the State Board, of Elections, in his official capacity, John OāBannon, Vice Chair of the State, Board of Elections, in his official capacity, Georgia Alvis Long, Secretary of the State, Board of Elections, in her official capacity, Susan Beals, Commissioner of the State, Board of Elections, in her official capacity, Donald Merricks, member of the State. Board of Elections, in his official capacity, Angela Chiang, member of the State Board of Elections, in her official capacity, Democratic Party of Virginia, Susan Swecker, Chairwoman of the Democratic Party of Virginia, in her official capacity, Sandra Brandt, Chairwoman of the Second Congressional District Democratic Committee, in her official capacity.
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