24.2-304.4 - Mandamus action for failure to reapportion districts or wards.
§ 24.2-304.4. Mandamus action for failure to reapportion districts or wards.
Whenever the governing body of any county, city or town fails to perform theduty of reapportioning the representation on the governing body among thedistricts or wards of the county, city, or town, or fails to change theboundaries of districts or wards, as prescribed by law, mandamus shall lie infavor of any citizen of such county, city, or town, to compel the performanceof such duty.
Whenever the governing body of any county, city or town changes theboundaries, or increases or diminishes the number of districts or wards, orreapportions the representation in the governing body as prescribed by law,the action shall not be subject to judicial review, unless it is alleged thatthe representation is not proportional to the population of the district orward. If such allegation is made in a bill of complaint filed in the circuitcourt for the county, city or town, the court shall determine whether theaction of the governing body complies with the constitutional requirementsfor redistricting and reapportionment. Appeals from the court's decisionshall be as in any other suit.
(1995, c. 249.)