The Supreme Court of Virginia ruled Friday that a public ballot referendum on whether to adopt a redistricting constitutional amendment can proceed. The referendum vote is scheduled for April 21.
The ruling however, does not end Republicans’ underlying lawsuit challenging Democrats’ efforts to redraw congressional maps to give themselves an advantage in this year’s midterm elections.
Last month, a lower court ruled that the General Assembly had illegally passed a constitutional amendment that would allow the legislature to redraw congressional maps mid-decade. The state Supreme Court said the scope of the Tazewell Circuit Court ruling was limited to requiring the clerk of that court to post the proposed constitutional amendment at least 90 days before the next House of Delegates election. And it denied a request from Democrats who had asked an appellate court to pause the ruling that would have suspended the referendum.
“Given the limited scope of the injunctive relief issued in the circuit court’s order…the denial of the motions to stay has no effect on the referendum scheduled for April 21, 2026, and nothing in this order shall prevent the parties from raising the underlying arguments and issues as this matter goes forward,” the order reads.
The Virginia Supreme Court did not say when it would hear the case, but it is accepting court filings through April 23, after the referendum, meaning a ruling will likely come after Virginians have already voted on whether to adopt the amendment. Early voting for the referendum begins March 6.
Democrats are hoping to pass a new congressional map that would favor Democrats in 10 out of Virginia’s 11 districts. Democrats currently hold six out of five congressional seats in the state. They say their redistricting efforts are a response to President Donald Trump directing Republican-led legislatures to redistrict in favor of Republicans in other states. On April 21, voters will be asked:
“Should the Constitution of Virginia be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring Virginia’s standard redistricting process resumes for all future redistricting after the 2030 census?”
House Speaker Don Scott, D-Portsmouth, said he was confident that his side would prevail in court,
“Basically, the takeaway is that Virginia voters will be able to have the final say on redistricting in Virginia, as they should,” Scott told reporters Friday. “They stayed out of the legislative process and allowed the legislative process to move forward.”
“(The ruling) just shows that we’ve got to win the referendum, and we’ve got to win in court,” Kilgore told reporters. “I think we can do both. We’re ready to roll. We’re getting our folks together, and we’re going to make the case to Virginians that this is unfair, this is unprecedented, and quite frankly is against the law we believe.”