(Richmond, VA) – September 16, 2021: The Public Interest Legal Foundation (PILF) filed an amicus brief in the Republican Party of Virginia’s lawsuit against the Virginia’s Commissioner of the Department of Elections. The lawsuit, filed in Richmond Circuit Court, argues the Democrat candidate Terry McAuliffe should be removed from the election ballot because he did not meet the state’s election guidelines because his declaration of candidacy form was missing his signature.

The Foundation’s amicus brief supports neither party in the litigation but outlines the need for the Court to consider the Anti-Suspension Clause of the Constitution of Virginia when deciding on this dispute. This Clause clearly lays out that the Legislative power is supreme to any act by an agency employee or even the Governor himself. This is important broadly because election officials throughout the United States suspended election rules and laws in the 2020 election. In Virginia, officials are restrained from doing so by the Constitution.

“Election rules should be set in advance and followed,” said PILF President J. Christian Adams. “The Anti-Suspension Clause prohibits the government from being able to suspend or rewrite laws without legislative actions in Virginia.  Consent of the governed is eroded when officials do not follow the rules that govern our elections. We hope the court will consider this important principle when making any ruling.”