CHESAPEAKE, Va. — A judge ruled Thursday morning that mayoral candidate Don Carey does not have to resign his city council seat.
The issue wound up in court because a majority of city council members wanted a judge to remove Carey from the city council and sued him.
The city charter is at issue, which says a council member running for mayor must resign their council seat by June 30, which Carey did not do.
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Previously, the election for mayor in Chesapeake was held in May, but the General Assembly changed the law in 2021 to say elections have to be in November.
The city is following the law, but the resignation date on the charter was not updated.
An attorney for the city council argued Carey should have to follow what the charter says, which Attorney General Jason Miyares also said in an opinion.
Carey's attorney argued the intent of the law was for a council member in Carey's position to have to resign at the end of the year.
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In the end, the judge ruled Carey doesn't have to resign.
"I'm happy that the judge was able to see through what I think was something that was politically motivated from the beginning," Carey said following the ruling. "The charter is in conflict with state law. By God's grace, he ruled the way he did today."
The judge also quickly dismissed another challenge for Carey's candidacy following the ruling.
Mayor Rick West, who abstained from the vote to take Carey to court, declined to comment on the ruling.
West and Carey are facing off to become mayor in November's election.
