FILE - Election day vote

(The Center Square) – Former Democratic Del. Cheryl Turpin filed a lawsuit after her paperwork to run for the Virginia Senate’s 7th District was labeled incomplete because she failed to pay a $5,000 filing fee.

The district will hold a special election Jan. 10 to choose its new state senator, but Turpin was denied the chance to appear on the ballot because she refused to pay the fee that was necessary to be considered in the Democratic caucus. Rather than paying the fee, she submitted a letter, in which she argued that the fee was unconstitutional.

After her application was labeled incomplete, she filed a lawsuit against the Democratic Party of Virginia, elections officials, Gov. Glenn Youngkin and Senate President pro tempore, L. Louise Lucas, D-Portsmouth. The lawsuit was first reported by the Richmond Times-Dispatch.

Turpin noted the $5,000 filing fee was 1,300% higher than the fee required by the Virginia Code for primary candidates. The code states candidates shall pay a fee equal to 2% of one year’s minimum salary attached to the office for which he or she is running. State senators earn $18,000 annually and 2% of that salary would only be $360.

In November, Aaron Rouse, who serves on the Virginia Beach Council, was chosen to represent the Democratic Party in this election. Retired Navy Commander Kevin Adams will represent the Republican Party in this election.

The seat was previously held by former Republican Del. Jen Kiggans who resigned her seat after she was elected to the U.S. Congress by unseating Democratic Rep. Elaine Luria. The seat has belonged to Republicans since 1996, but faced Kiggans faced a tough reelection bid in the last election.

Although the race would not affect which party has control of the Senate, it could affect the strength of the Democratic Party. If Adams wins, Democrats will still maintain a 21-19 majority, but if Rouse wins, Democrats will jump to a 22-18 majority, which would make it easier for Democrats the promote their platform, even if they face dissent from moderate Democrats.