More than two weeks after Virginians voted narrowly to allow the General Assembly to redraw congressional districts, it is still unclear whether the results of the April 21 special election will stand.
The referendum, which was about whether to temporarily change how the state draws its congressional districts before the next census, passed with 51.5% voting yes and 48.5% voting no, according to CNN. Voting yes allowed the General Assembly to redraw congressional districts between Jan 1, 2025, and Oct 31, 2030, if another state redraws its districts for reasons other than completing decadal redistricting or complying with a court order.
Multiple lawsuits have been filed challenging the referendum, according to ABC News. The first lawsuit was filed in January in Tazewell County by the Republican National Committee, arguing the process used to place the amendment on the ballot was illegal. A second lawsuit, filed in February by the U.S. Representatives Morgan Griffith and Ben Cline, along with two other Republican committees, also originated in Tazewell County.
The order from Judge Jack Hurley of Tazewell County Circuit Court declares all votes for and against the referendum “ineffective,” and bars state officials from certifying the results or taking any actions to put the new maps passed by state lawmakers into effect. Hurley found that the referendum violated several clauses of the state constitution, arguing that it skirted a 90-day notice requirement and calling the question that was presented to voters as “flagrantly misleading.”
Moreover, on April 22, a state court judge blocked Virginia from moving forward with the redistricting effort. According to CBS News, this blockade in the referendum stalls Democratic efforts to redraw the state congressional maps and tilt as many as four House Districts away from the GOP. Republicans, and even some Democrats, argue that the referendum effectively means that Republicans will be disenfranchised–their votes basically being meaningless–if it is allowed to stand. The case is now at the Virginia Supreme Court.
The Republican National Committee, one of several GOP groups that sued over the referendum, called the April 22 ruling a “major victory for Virginians.”
“Democrats attempted to force an unconstitutional scheme to tilt congressional maps in their favor, but the court recognized it for what it is: a blatant power grab,” RNC Chair Joe Gruters said.
Virginia’s House delegation is currently made up of six Democrats and five Republicans, according to ABC News. If not struck down by the Virginia Supreme Court, the proposed map would favor Democrats in 10 out of 11 congressional districts, representing a gain of four seats for the Democratic Party.
The Supreme Court of Virginia has not set a specific date for a final ruling on the 2026 Virginia redistricting referendum, though a decision is expected soon as they weigh legal challenges.
Editor’s Note: On May 8, the Virginia Supreme Court announced a ruling invalidating the new redistricting map. “We hold that the legislative process employed to advance this proposal violated Article XII, Section 1 of the Constitution of Virginia,” the Virginia Supreme Court said in the ruling. “This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy.”
