Today, Liberty Counsel will present oral argument in Virginia’s Campbell Circuit Court regarding Bansley v. Nardo, a case that challenges Virginia’s pro-abortion amendment for the upcoming 2026 ballot.

Oral arguments will be held at the Campbell Circuit Courthouse in Rustburg, Virginia at 2 p.m. ET.

This case is about whether the state government followed the proper legal process for constitutional amendments. Liberty Counsel represents Charla Bansley, District 3 Supervisor for the Bedford County Board of Supervisors, who is challenging House Joint Resolution 1 (HJR 1). HJR 1 aims to establish a “fundamental right to reproductive freedom” in the Virginia Constitution. However, Bansley claims the ballot initiative is invalid after discovering Virginia’s House of Delegates missed several key procedural steps mandated by the Virginia Constitution before the amendment can go before the voters, such as distributing the amendment to all circuit court clerks statewide and posting it for public inspection three months prior to the 2025 House of Delegates election. The lawsuit names as defendants Clerk of the Virginia House of Delegates G. Paul Nardo; Commissioner of Elections Steven Koski; and other Virgina election offices and officials. Bansley is asking the court to block election officials from printing 2026 ballots with HJR 1 and to order its amendment process be restarted for the 2027-2028 legislative and election cycles.

Liberty Counsel’s Founder and Chairman Mat Staver said, “Virginia’s House Joint Resolution 1 cannot legally appear on the ballot. 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. Repealing the legal requirements after the fact, claiming sovereign immunity, requesting an unconstitutional venue transfer, and requesting involvement from irrelevant third parties are all meritless attempts to stop this case and allow an improper amendment to go on the ballot. Virginia citizens have the right to a transparent, orderly constitutional change, and any misstep undermines the integrity of the amendment process and can interfere with the will of the voters.”