PoliticsIn the Courts

Virginia Supreme Court Overturns Voter-Approved Democratic Redistricting Amendment

The court held that the legislature’s process for placing the amendment on the April 21 ballot was invalid, rendering the narrow voter approval “null and void.”

Tommy FlynnTommy Flynn
A gavel rests on a block atop a judge’s bench in an empty courtroom. Photo: Shopify Partners / Burst
A gavel rests on a block atop a judge’s bench in an empty courtroom. Photo: Shopify Partners / Burst

RICHMOND, Va. — The Virginia Supreme Court struck down a voter-approved constitutional amendment authorizing mid-decade redistricting of the state’s congressional districts, ruling 4-3 on Friday that the Democratic-led General Assembly violated procedural requirements under the state constitution.

The court held that the legislature’s process for placing the amendment on the April 21 ballot was invalid, rendering the narrow voter approval “null and void.” Justice D. Arthur Kelsey wrote for the majority that the proposal was submitted “in an unprecedented manner,” violating Article XII, Section 1 of the Virginia Constitution. The violation, he said, “irreparably undermines the integrity of the resulting referendum vote.”

The amendment would have allowed lawmakers to redraw Virginia’s 11 congressional maps outside the normal decennial cycle. The new map, drawn by Democrats, was designed to heavily favor their party — potentially shifting the state’s delegation from its current 6 Democrats and 5 Republicans to as many as 10 Democrats and 1 Republican. Virginia has used court-imposed maps since after the 2020 census when a bipartisan redistricting commission deadlocked.

The ruling keeps those existing maps in place for the 2026 midterms.

The case centered on timing and process. Virginia’s constitution requires constitutional amendments to pass two separate legislative sessions with an election in between. The General Assembly gave initial approval in October 2025 — while early voting for the November general election was already underway — and a second vote in January 2026. A lower court in Tazewell County had previously blocked the measure on similar procedural grounds, but the Supreme Court allowed the referendum to proceed while it reviewed the challenge.

The decision comes amid a national wave of mid-decade redistricting. Republican-led states including Texas, Florida, and Tennessee have redrawn maps to bolster GOP seats, moves encouraged by President Donald Trump and enabled in part by a recent U.S. Supreme Court ruling narrowing Section 2 of the Voting Rights Act. Democrats had viewed Virginia’s effort as a countermeasure.

National Republican Congressional Committee Chairman Richard Hudson called the Virginia outcome a sign of broader GOP momentum. “We’re on offense, and we’re going to win,” he said.

No further legal action is expected to revive the amendment. The ruling leaves Virginia’s congressional boundaries unchanged heading into the fall elections.

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