Virginia Supreme Court Strikes Down Redistricting Amendment After Voters Approve

The court ruled 4-3 that the legislative process violated the state constitution, leaving Virginia's current congressional map in place for the 2026 midterms.

A special election on April 21 asked Virginia voters to decide on a constitutional amendment that would allow the state legislature to temporarily bypass the bipartisan redistricting commission and adopt a new congressional map. Voters approved the measure by a narrow margin (51.45% to 48.55%), but the Virginia Supreme Court later ruled the process unconstitutional, voiding the referendum's result.

Background

Legislative districts are typically redrawn once a decade following the national census. Virginia voters approved the creation of a bipartisan redistricting commission in 2020 by a nearly 2-to-1 margin. This commission is typically responsible for drawing congressional maps.

In 2025, former President Donald Trump encouraged Republican-led states to redraw their congressional maps ahead of the 2026 midterm elections. Several states, including Texas, Missouri, North Carolina, and Florida, subsequently initiated mid-decade redistricting efforts.

The Proposed Amendment and Map

The proposed constitutional amendment allowed the Democratic-majority Virginia General Assembly to temporarily adopt new congressional districts. The amendment cited other states' mid-decade redistricting actions as a condition for the temporary bypass of the commission. Mapmaking duties would have returned to the bipartisan commission after the 2030 census.

The proposed map would have altered district boundaries statewide, creating a new district along the Blue Ridge Mountains and dividing some heavily Democratic areas in northern Virginia. According to multiple sources, the map was designed by Democrats and could have resulted in the party holding up to 10 of Virginia's 11 congressional seats. The current delegation consists of six Democrats and five Republicans.

Legislative and Legal Process

The amendment required approval from the General Assembly in two separate sessions with a state election in between. The legislature's first vote occurred in October 2025. The second vote occurred in January 2026. Governor Abigail Spanberger signed a law setting a special election for April 21.

Republicans challenged the process in court, arguing the legislature had not followed proper procedural guidelines. A circuit court judge in southwestern Virginia ruled in favor of Republicans on January 27, blocking the redistricting plan.

Virginia Supreme Court Decisions

On appeal, the Virginia Supreme Court allowed the special election to proceed as scheduled on April 21 but reserved the right to rule on the measure's legality afterward.

After voters approved the referendum, the Virginia Supreme Court ruled 4-3 on Friday that the legislative process violated the state constitution.

Majority Opinion: Justice D. Arthur Kelsey wrote that the legislature submitted the proposed amendment "in an unprecedented manner." The court found that the first vote occurred too late, as early voting had already begun. The majority stated this violation "irreparably undermines the integrity of the resulting referendum vote and renders it null and void."

Dissenting Opinion: Chief Justice Cleo Powell argued that the "election" for the purpose of considering the amendment should be defined only as Election Day, not including the early voting period.

Campaign and Spending

Two main campaign committees formed: "Virginians for Fair Elections" (pro-redistricting) and "Virginians for Fair Maps" (anti-redistricting).

Total spending across both sides approached an estimated $100 million.

According to the Virginia Public Access Project, Virginians for Fair Elections received over $64 million, largely from groups that do not disclose their donors (501(c)(4) organizations). Major donors included The Fairness Project and House Majority Forward. Virginians for Fair Maps received $19 million from its affiliated 501(c)(4) organization.

According to AdImpact, Democrats spent approximately $55 million on advertising, compared to approximately $23 million for Republicans. Groups supporting the amendment raised more funds than opposing groups overall. A significant portion of funding for both sides came from "dark-money" groups not required to disclose their donors.

Campaign Activity

National figures from both parties campaigned on the issue:

Pro-referendum events featured House Minority Leader Hakeem Jeffries, former Attorney General Eric Holder, Senators Mark Warner and Tim Kaine, and former President Barack Obama (who also appeared in ads).

Anti-referendum events featured House Speaker Mike Johnson, former Governor Glenn Youngkin, and members of Virginia's Republican congressional delegation.

Former President Donald Trump participated in a tele-rally opposing the measure. Former President Barack Obama recorded a video supporting a "yes" vote.

Voter Confusion

Voters reported confusion due to contradictory campaign materials, including direct mail, television advertisements, and ballot language. The names of the main campaign committees were similar: "Virginians for Fair Elections" (supports) and "Virginians for Fair Maps" (opposes).

Pro-redistricting ads featured former President Obama encouraging a "yes" vote, while an anti-redistricting ad used a 2017 video of Obama speaking against gerrymandering. A billboard in Page County featured an image of former President Trump with text reading, "President Trump says, 'Take over the voting,' Vote yes on redistricting April 21."

Campaign mailers designed to resemble newspapers, such as those from the Virginia Independent, were distributed.

Statements from Participants

Pro-referendum

• Rep. Jennifer McClellan (D-Va.) stated the measure would "stop Donald Trump's scheme to rig the midterm elections."
• Virginia Senate Majority Leader Scott Surovell (D) stated the amendment seeks to restore balance affected by redistricting in other states.
• Dan Gottlieb, spokesperson for Virginians for Fair Elections, described the special election as a win for Virginia voters.

Anti-referendum

• Former Governor Glenn Youngkin (R) described the effort as "the most blatant power grab that has ever been demonstrated."
• Virginia House Minority Leader Terry Kilgore (R) stated the ballot question's framing was not neutral.
• Republican State Senator Christopher Head stated Democrats were undermining fair map-making.
• Co-chairs of Virginians for Fair Maps, Jason Miyares and Eric Cantor, stated: "Virginians spoke loud and clear in 2020 that voters should pick their elected officials, not the other way around. Today, their voices were heard."

Legal Officials

• Virginia House Speaker Don Scott (D) stated that Democrats respect the court's opinion but regretted that it "overturned the will of the voters."
• Virginia Attorney General Jay Jones (D) stated that an emergency petition to the U.S. Supreme Court would be filed.
• Rep. Jason Crow (D-Colo) said: "Democrats are left with no choice but to level the playing field for the sake of democracy."
• Rep. Marc Veasey (D-Texas) placed blame on his party, saying: "I put this all on Democrats."

Aftermath and Appeal

The Virginia Supreme Court's ruling leaves the current congressional map (six Democrats, five Republicans) in place for the 2026 midterm elections.

Virginia Democrats announced they would file an emergency appeal with the U.S. Supreme Court. Legal experts indicated the U.S. Supreme Court is unlikely to intervene, as it generally does not review state supreme court interpretations of their own constitutions.

The outcome affects the balance of power in the U.S. House of Representatives, where Republicans currently hold a narrow majority.