BEDFORD COUNTY, Va. (WRIC) -- A Bedford County official is attempting to keep Virginia's abortion referendum off the ballot in November, claiming in a lawsuit that state legislators violated constitutional mandates. On Wednesday, March 4, Florida-based nonprofit Liberty Counsel filed a lawsuit chal lenging a proposed constitutional amendment that, if approved, would enshrine abortion access in Virginia's constitution. Specifically, the lawsuit asks that election officials be prevented from printing ballots for a Nov. 3 election that include the abortion referendum. It also demands that the process for this amendment be restarted in the 2027-28 election cycles. This lawsuit was filed in the Bedford County Circuit Court on behalf of Charla Bansley, who sits on the Bedford County Board of Supervisors. The Virginia Department of Elections and the Virginia State Board of Elections, as well as multiple individuals associated with the legislative process behind this referendum, are named as defendants. Virginia’s highest court says controversial redistricting proposal will go to voters as planned In the 30-page court filing, the Liberty Counsel claims that, during the process of advancing this legislation, the Virginia House of Delegates violated multiple procedures laid out by the state constitution -- something that should prevent the referendum from moving forward. House of Delegates clerk G. Paul Nardo is accused of not distributing the proposed constitutional amendment to at least three of Virginia's circuit courts -- those being the circuit courts of Bedford, Lynchburg city and Campbell County. The clerk is required to distribute such documents to all circuit courts in the state. As these courts appear to have never received the proposed constitutional amendment, it was not posted on their courthouse doors for three months prior to the next election involving House of Delegates members, which is also required. Such an election took place in November 2025. "The process is critical so that voters have the requisite information to make informed choices in an election," the lawsuit reads. Public sector collective bargaining bills up for debate in the General Assembly Because these steps were not taken prior to the General Assembly's ultimate passage of this proposed constitutional amendment, said passage should be null and void, per the lawsuit -- which means the referendum should not be held. The lawsuit states that the General Assembly should be required to restart the process behind this amendment and comply with the circuit court distribution procedures, which it could do before the next election involving House of Delegates members in November 2027. "Virginia’s House Joint Resolution 1 cannot legally appear on the ballot," said Liberty Counsel founder and chairmain Mat Staver in a press release. "This measure is invalid because the General Assembly advanced it to a second legislative vote without completing the constitutionally mandated notice and posting requirements that must occur after its first passage. The Constitution of Virginia requires strict, step-by-step compliance with the amendment process so that voters receive proper notice and can evaluate proposed changes to their governing charter before a consequential election. These procedures exist to protect the people’s right to transparent, orderly constitutional change and any misstep undermines the integrity of the amendment process and can interfere with the will of the voters." This isn't the first constitutional amendment passed this year that's being challenged over possible procedural violations. Virginia Democrats are facing a similar legal challenge to their controversial mid-decade redistricting proposal, with a Tazewell County judge saying they violated procedures relating to the General Assembly's 2024 Special Session. ...read more read less