Acroterion via Wikimedia Commons

An election calendar lawsuit in Richmond has reached a critical juncture.

For both sides, the stakes couldn’t be higher. Although Republicans have (apparently) gained a majority in the House of Delegates, their victory may only be fleeting if Paul Goldman, a Democratic Party lawyer gets his way.

As Virginia Mercury explains:

Goldman claims in his lawsuit that because the elections were held using an old political map that didn’t reflect the new U.S. Census data, the districts don’t accurately reflect population shifts that have happened since 2010. A ruling in favor of Goldman could mean that all 100 members of the House will have to run again next year.

“The people have been denied their rights,” Goldmans said. “You cannot hold an election in a reapportionment year using the old districts. What they did is unconstitutional.”

But his lawsuit is currently at a standstill, awaiting a ruling from the U.S. Court of Appeals for the 4th Circuit. That’s because Attorney General Mark Herring’s office appealed District Court Judge David Novak’s ruling earlier this year that the case could proceed, dismissing Herring’s argument that the state Board of Elections should be immune from such lawsuits.

If the Court of Appeals sides with Herring, more appeals could follow. But if not, it will head back to district court, where it will be heard in front of the panel of judges — composed of U.S. Circuit Judge Stephanie Thacker and U.S. District Judges Raymond Jackson and Novak.

But even Goldman concedes that his lawsuit could be further delayed after Attorney General-elect Jason Miyares is sworn in.