Virginia court voids redistricting amendment vote

Summary

Virginia’s top court voided the redistricting amendment referendum, keeping current congressional maps for 2026.

Why this matters

The ruling keeps Virginia’s 2021 congressional maps in place for the 2026 midterms and ends, for now, a closely watched fight over how the state redraws districts. It also clarifies how Virginia’s constitutional amendment process applies when early voting is underway.

The Supreme Court of Virginia ruled 4-3 on Friday that the state’s redistricting amendment was invalid, leaving Virginia’s current congressional maps in place for the 2026 election cycle.

The decision nullified the results of the April 21 statewide referendum, which unofficial results showed voters approved by about 51.7% to 48.3%, or 1,604,276 votes to 1,499,393.

In the majority opinion, Justice Arthur Kelsey wrote that the General Assembly violated Article XII, Section 1 of the Virginia Constitution, which requires a constitutional amendment to pass in two legislative sessions with an intervening general election.

The ruling upheld a Tazewell County Circuit Court decision that had blocked certification of the referendum results during the appeals process.

The decision means congressional maps drawn by the Virginia Supreme Court in 2021 will remain in effect for the 2026 midterm elections. Those maps and election results produce a 6-5 Democratic majority in Virginia’s congressional delegation. Maps previously approved by the General Assembly were widely expected to favor Democrats in 10 of Virginia’s 11 congressional districts.

Chief Justice Cleo Powell, joined by Justices Mann and Fulton, dissented. They said the Oct. 31 legislative vote came before Election Day on Nov. 4 and met the constitutional requirement.

Former Gov. Glenn Youngkin wrote on social media that “justice has been served” and that “the constitution prevailed.”

The National Republican Congressional Committee said the amendment effort was an “illegal Virginia Democrat gerrymander.” Jason Snead, executive director of Honest Elections Project Action, called the ruling “an enormous victory” for the rule of law.

Attorney General Jay Jones said the decision “silences the voices of the millions of Virginians who cast their ballots in every corner of the commonwealth” and accused the court of putting “politics over the rule of law.” He said his office was reviewing possible next legal steps.

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