Virginia Judge Blocks Certification of Redistricting Referendum, Halting Democratic Gerrymandering Effort

RICHMOND, Va. — A Virginia circuit court judge on April 22, 2026, blocked certification of the results from Tuesday’s special election on a Democratic-backed constitutional amendment that would have allowed the General Assembly to redraw congressional districts for the 2026, 2028, and 2030 elections.

Tazewell County Circuit Court Judge Jack Hurley ruled the referendum and the underlying legislation “void ab initio” — invalid from the beginning — citing multiple violations of the Virginia Constitution and state procedural requirements. He declared all votes cast in the April 21 special election “ineffective” and issued a permanent injunction barring the Virginia Department of Elections from certifying the results or taking any steps to implement a new map.

Voters had narrowly approved the measure 51.45% to 48.55%, with roughly 3.06 million ballots cast. The amendment would have temporarily overridden Virginia’s independent bipartisan redistricting commission, handing map-drawing power directly to the Democrat-controlled legislature. Democrats had already prepared new maps expected to flip as many as four Republican-held seats, potentially shifting the state’s current 6-5 Democratic advantage to 9-2 or even 10-1.

Even some Democrats have openly acknowledged the political motivation behind the effort, describing it as necessary to counter Republican gains elsewhere and blunt conservative influence. Critics, including Republicans and anti-gerrymandering groups, called it a clear partisan power grab that bypassed constitutional safeguards designed to prevent exactly this type of mid-decade manipulation.

Judge Hurley found that lawmakers failed to follow required procedures for constitutional amendments, including the need for two separate legislative approvals separated by a House of Delegates election. He also ruled the ballot question was “flagrantly misleading,” that the legislation improperly combined multiple subjects, and that early voting began before the constitutionally mandated 90-day window.

Virginia Attorney General Jay Jones (D) said the state will immediately appeal, stating: “As I said last night, Virginia voters have spoken, and an activist judge should not have veto power over the People’s vote. We look forward to defending the outcome of last night’s election in court.”

Republicans welcomed the ruling. Former Trump campaign national press secretary Hogan Gidley called it “another example of Democrats being angry at Republicans for things they are guilty of actually doing.” State lawmakers such as Wren Williams and Ken Cuccinelli described it as a major victory against unconstitutional gerrymandering.

The Virginia Supreme Court, which previously allowed the referendum to proceed while reserving the right to rule on its merits, is scheduled to hear arguments on the matter as soon as April 27. The case is expected to move quickly on appeal, leaving uncertainty over whether any redistricting changes could take effect before the 2026 midterms.