Virginia’s Redistricting Referendum Invalidated: A Timeline of Events

The U.S. Supreme Court declined to intervene, leaving the current 2021 map in place for the 2026 elections.

Virginia voters approved a ballot measure in April to allow the state legislature to redraw congressional districts, but the Virginia Supreme Court subsequently invalidated the result on procedural grounds.

The Redistricting Referendum

Origins and Justification

The redistricting effort began in the Virginia General Assembly, where Democrats hold a majority. Lawmakers proposed a constitutional amendment to temporarily bypass the state's bipartisan redistricting commission, which was created following a voter-approved 2020 ballot measure. The amendment was framed as a response to mid-decade redistricting efforts in other states, particularly Texas, where Republicans redrew congressional maps.

Legislative Process

The Virginia Senate passed the amendment in a 21-18 vote. The process required the amendment to pass through two separate legislative sessions with a state election in between. The first vote occurred in October 2025, and the second in January 2026.

Proposed Map

Democrats released a proposed map that would alter district boundaries across the state. Key features included:

• Creating a new district along the Blue Ridge Mountains connecting several cities and university towns
• Dividing heavily Democratic areas in northern Virginia into five separate districts that extend into more conservative rural areas
• Adjusting districts in the Richmond and Norfolk regions
• Combining three Democratic-leaning college towns in western Virginia

According to analyses from multiple sources, the map could have resulted in Democrats holding up to 10 of Virginia's 11 congressional seats. The current delegation consists of six Democrats and five Republicans.

Ballot Language

The referendum asked voters: "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?"

Campaign Activity and Spending

Both sides of the referendum engaged in extensive campaigning:

Pro-referendum groups — Virginians for Fair Elections received over $64 million, largely from organizations not required to disclose donors, including The Fairness Project and House Majority Forward.

Anti-referendum groups — Virginians for Fair Maps received $19 million. The Justice for Democracy PAC received nearly $10 million from the 501(c)(4) organization Per Aspera Policy Incorporated.

National figures campaigned on both sides. Former President Barack Obama appeared in ads supporting the measure. Former President Donald Trump urged voters to reject it. Democratic-linked spending totaled approximately $55 million on advertising, compared to $23 million from Republican-linked groups.

Voter Confusion

Multiple sources reported voter confusion due to:

• Similar names of campaign committees: "Virginians for Fair Elections" (pro-redistricting) and "Virginians for Fair Maps" (anti-redistricting)
• Conflicting uses of former President Barack Obama's image in television advertisements
• Campaign mailers designed to resemble newspapers
• A billboard featuring former President Donald Trump with text reading, "President Trump says, 'Take over the voting,' Vote yes on redistricting"
• Ballot language that some voters described as misleading

Election Results

The special election was held on April 21. Approximately 1.4 million Virginians cast early ballots. The measure passed with 51.45% of votes in favor and 48.55% against, a margin of roughly three percentage points.

Legal Challenges

Lower Court Ruling

A circuit court judge in southwestern Virginia ruled on January 27 that Democratic lawmakers had not followed proper legal procedures for the amendment process. Democrats appealed, alleging "court shopping" by Republicans. The case was expedited to the Virginia Supreme Court.

Virginia Supreme Court Decision

On May 8, the Virginia Supreme Court ruled 4-3 to invalidate the referendum. Writing for the majority, Justice D. Arthur Kelsey stated that the legislature submitted the proposed amendment "in an unprecedented manner," which "irreparably undermines the integrity of the resulting referendum vote and renders it null and void."

The court found that the amendment process began too late, violating requirements that a constitutional amendment pass through two consecutive legislative sessions with an election in between. The court ruled that "election" covers the entire voting period, including early voting. Since early voting for the 2025 statewide elections had already begun when the first legislative session occurred in October 2025, the court determined the procedure was violated.

Chief Justice Cleo Powell dissented, arguing that the election for the purpose of considering the amendment should not include the early voting period, and that the majority's definition created "an infinite voting loop that appears to have no established beginning."

Reactions to State Court Ruling

• President Donald Trump: Called the decision a "huge win for the Republican Party, and America."
• Richard Hudson (NRCC chair): Described it as "another sign of GOP momentum heading into the midterms."
• Don Scott (Virginia House Speaker): Stated Democrats respect the court's opinion but lamented that it "overturned the will of the voters."
• Jason Miyares and Eric Cantor (Virginians for Fair Maps): Said, "Virginians spoke loud and clear in 2020 that voters should pick their elected officials, not the other way around. Today, their voices were heard."

Appeal to U.S. Supreme Court

Virginia Attorney General Jay Jones filed an emergency appeal with the U.S. Supreme Court, arguing that the state court's decision "overrode the will of the people" and violated federal law. Legal experts noted the U.S. Supreme Court generally does not review state supreme court interpretations of their own constitutions.

U.S. Supreme Court Decision

The U.S. Supreme Court rejected the emergency request without explanation and without noted dissent. The decision was 6-3.

Reactions to U.S. Supreme Court Decision

• Governor Abigail Spanberger: Stated that courts "nullified the votes of more than 3 million Virginians" and announced the state would proceed with current maps.
• Attorney General Jay Jones: Criticized the decision, calling it "another example of a national attack on voting rights."
• Virginia Republican Party chairman Jeff Ryer: Said the justices "made the right call."

Outcome and Implications

Virginia will use its current 2021 congressional map for the 2026 elections, maintaining a delegation of six Democrats and five Republicans.

State officials stated that a court order was needed by May 12 to change districts for the August 4 primary.

The ruling prevented Democrats from gaining up to four additional House seats through the redistricting. Nationally, the outcome affects the balance of power in the U.S. House of Representatives, where Republicans hold a narrow majority.

The financial cost of the redistricting effort has been estimated at approximately $70 million in total spending by both sides.