The Virginia Supreme Court has cleared the way for a special election on April 21, allowing voters to consider a constitutional amendment related to congressional redistricting. This decision permits the referendum to proceed even as legal challenges to the underlying redistricting plan itself remain under judicial review.
The proposed amendment, advanced by the Democratic-controlled legislature, aims to allow for mid-decade adjustments to the state's congressional map, potentially shifting the current 6-5 Democratic-Republican split in the U.S. House delegation.
Legislative Action and Proposed Map
The Virginia State Senate initially advanced the proposed constitutional amendment with a 21-18 vote. This measure required passage in two separate legislative sessions, with an election occurring between them—a condition met by both chambers. Governor Abigail Spanberger later signed the law setting the special election.
Virginia Democrats have introduced a proposed U.S. House map designed to significantly increase the party's representation. Projections based on potential maps suggest a possible shift to a 10-1 or 9-2 Democratic majority within the state's 11 congressional districts. The proposed map seeks to adjust districts in conservative areas and enhance Democratic positions in targeted districts.
The Proposed Constitutional Amendment
The amendment proposes to modify the state's Constitution, enabling lawmakers to temporarily bypass Virginia's bipartisan redistricting commission. This bypass would be permissible under specific conditions, such as if another state conducts similar redistricting outside the standard decennial cycle or in response to a court order. The standard redistricting process would resume after the 2030 census. Virginia's constitution typically grants authority to an independent commission, not lawmakers, to draw congressional maps, requiring voter approval for changes.
Democrats, including Senate Majority Leader Scott Surovell, stated the amendment seeks to restore balance, asserting that redistricting in Republican-controlled states has affected Virginia's representation in Congress. House Speaker Don Scott and State Senate President Pro Tempore L. Louise Lucas stated their commitment to "level the playing field."
Legal Battles and Supreme Court's Decision
The redistricting effort faced a legal challenge in January when a Virginia judge ruled against the Democratic-proposed constitutional amendment. The judge deemed it illegal, concluding that procedural rules for an initial vote had not been correctly followed by lawmakers, initially impacting the Democrats' plan for an April voter referendum.
Democrats appealed this ruling, contending the blocking decision was "legally flawed, unprecedented, and the product of court-shopping designed to block Virginians from voting on their own Constitution." The state court of appeals then expedited the case to the Virginia Supreme Court, citing "imperative public importance" for a swift decision.
On Friday, the Virginia Supreme Court issued a ruling allowing the referendum on the constitutional amendment to proceed on April 21.
However, the court clarified that this ruling does not finalize the broader legal challenge concerning the redistricting plan itself. The court indicated it would continue to hear arguments regarding the issues, establishing deadlines for argument submissions after the election date, and that a conclusive ruling on the plan's legality is expected after the special election. While a theoretical possibility exists that the vote's results could be voided if the court rules against the plan, this outcome is considered improbable.
Political Divides
Republican Senator Christopher Head countered that Democrats were undermining fair map-making. "Virginians for Fair Maps," a Republican-aligned group, stated, "Though we firmly believe this referendum is illegal, the court has allowed it to move forward before final judgement," indicating anticipation of additional legal action. Mike Young, representing the group, described the proposed map as "an illegal, hyper-partisan gerrymander drawn in backrooms hidden from the public," asserting it "completely disregards common sense." Virginia House Minority Leader Terry Kilgore acknowledged the election's scheduling but stated the party's intent to continue their legal challenge and win the referendum.
Conversely, "Virginians for Fair Elections," a Democratic-aligned organization, has commenced public outreach in support of the amendment. Dan Gottlieb, a spokesperson for the group, characterized the court's order as a significant development for Virginia voters, asserting that the referendum will proceed and that the people of Virginia retain control over their elections.
A National Trend
Virginia's redistricting initiative is part of a wider national effort occurring before the November midterm elections, which will determine the controlling party of the U.S. House. This national process has seen redistricting actions in multiple states. Republicans have seen projected gains, including in Texas (potentially five or nine seats), Missouri, North Carolina, and Ohio. Democrats have also pursued redistricting, with California securing voter approval for a new map that could potentially yield five or six additional seats. Florida Republicans are also working on a redistricting effort this spring, aiming for potential gains. Maryland lawmakers have advanced a new map that could potentially lead to the defeat of the state's sole House Republican.
Nationally, Republicans currently hold an advantage in ongoing redistricting efforts, partly due to their control of more state legislatures.
Key Dates and Governor's Stance
Governor Abigail Spanberger has commented on the redistricting effort, with observers suggesting she may prefer to avoid a central role in this partisan debate during her initial months in office. Her early actions as governor included signing the law for the April 21 special election.
The special election is scheduled for April 21. Virginia's primaries are scheduled for June. The ongoing legal review by the Supreme Court means the final legality of any new map is still pending after the referendum takes takes place.