Herring said in an email that he met with El-Amin and found his legal reasoning on the matter “sound.” However, he decided against filing the writ after meeting with Agelasto and his attorneys late last month. Herring said he told Agelasto at the meeting that he would hold off on filing the writ if Agelasto announces plans to step down before the end of the year.

“While I disagree with many of Mr. Agelasto’s policy positions, I think he has and continues to represent the 5th District well,” Herring stated in an email. “Litigation during the budget season would be distracting and disruptive. I am taking this position/action as an exercise of my discretion. For what it’s worth, I also appreciate and respect Mr. El-Amin’s stance.”

Agelasto referred questions about El-Amin’s filing to his lawyer, Tony Troy.

Troy, a former Virginia attorney general, declined comment, saying his client had not yet been served with El-Amin’s suit. Asked about the meeting with Herring, Troy said he would not comment on “settlement discussions.”

If the court accepts El-Amin’s claim, it can schedule a trial by judge or jury to decide whether Agelasto should lose his seat.

His is the latest attempt to wrest the right to represent the 5th District from Agelasto.