Virginia Supreme Court Refuses to Lift Block on Redistricting Referendum Certification

RICHMOND, Va. — The Virginia Supreme Court on April 28, 2026, denied the Democratic-led state’s emergency request to overturn a lower court ruling that blocked certification of last week’s narrow voter-approved redistricting referendum, leaving the results in legal limbo and preserving the state’s current congressional maps for the 2026 elections.

The high court’s decision allows Tazewell County Circuit Court Judge Jack Hurley’s April 22 injunction to remain in effect while the justices consider the full merits of the Republican challenge. Oral arguments in the case were held Monday, April 27.

Voters narrowly approved the constitutional amendment on April 21 by a 51.45% to 48.55% margin, with about 3.06 million ballots cast. The measure would have temporarily given the Democrat-controlled General Assembly authority to redraw congressional districts for the 2026, 2028, and 2030 elections — overriding the independent bipartisan redistricting commission created after the 2020 census. Democrats had already pre-approved new maps projected to shift Virginia’s current 6-5 Democratic advantage to as lopsided as 9-2 or 10-1, potentially flipping multiple Republican-held seats.

Judge Hurley ruled the referendum and underlying legislation “void ab initio” — invalid from the beginning — citing multiple violations of the Virginia Constitution. Those included improper legislative timing, failure to secure two separate approvals separated by a House of Delegates election, misleading ballot language, and combining multiple subjects into a single amendment.

Attorney General Jay Jones (D) appealed immediately, arguing an “activist judge” should not override the will of the voters. The Supreme Court had previously allowed the referendum to proceed while reserving the right to rule on its legality afterward.

Monday’s arguments focused on whether lawmakers followed constitutional procedures for placing a constitutional amendment on the ballot. The court issued no immediate ruling on the underlying challenge but denied Democrats’ request to lift the block on certification.

The ruling means the State Board of Elections cannot certify the referendum results or implement the new map for now. Current congressional districts will remain in place for the 2026 cycle unless the Supreme Court ultimately overturns Judge Hurley’s decision in the coming weeks or months.

Republicans hailed the development as a major victory against what they called a blatant partisan power grab. Democrats expressed confidence the high court would ultimately uphold the voter-approved measure.

The case is one of several high-stakes redistricting battles playing out nationwide ahead of the 2026 midterms, as both parties seek to lock in advantages through mid-decade map changes. For Virginia voters and candidates, the Supreme Court’s refusal to immediately lift the block provides temporary certainty that the existing maps will govern the upcoming elections. A final decision on the referendum’s validity is expected soon.