The Virginia Supreme Court on Friday tossed out a congressional redistricting referendum passed by Virginia voters last month, striking a blow to Democrats hoping to gain a more favorable map and increase their number of seats in the U.S. House of Representatives.
The decision overturns voters’ approval of a new congressional map that would have given Democrats an advantage in 10 House districts, leaving just one safe Republican seat. Although both of Virginia’s U.S. senators are Democrats, its House delegation is split with six Democratic representatives and five Republicans.
“We hold that the legislative process employed to advance this proposal violated Article XII, Section 1 of the Constitution of Virginia,” the opinion says. The court found that the commonwealth had “submitted a proposed constitutional amendment to Virginia voters in an unprecedented manner that violated the intervening-election requirement.”
“This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void,” the court ruled.
Under Virginia law, before a constitutional amendment can be put before the voters, it must be approved by the General Assembly twice, with an election for the House of Delegates between the two votes.
In this case, the court noted, voting in the general election for the House of Delegates began on Sept. 19, 2025, and ended on Election Day, on Nov. 4, 2025. The General Assembly’s vote on proposing the redistricting amendment to Virginia voters took place on Oct. 31, and by then, about 40% — or more than 1.3 million Virginians — had already cast their ballots.
The court determined that the redistricting amendment process in this case deprived those 1.3 million voters of their constitutionally protected “opportunity to elect the House of Delegates that will participate in the second legislative vote on the proposed amendment.”
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