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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A state court judge on Wednesday blocked Virginia from moving forward with a redistricting effort that passed in a referendum a day earlier, a roadblock in Democrats’ efforts to redraw the state’s congressional maps and tilt as many as four House districts away from the GOP. The order from Judge Jack Hurley of Tazewell County Circuit Court declares all votes for and against Tuesday’s referendum “ineffective,” and bars state officials from certifying the results or taking any actions to put the new maps passed by state lawmakers into effect. In a brief order, Hurley found that the referendum violated several clauses of the state constitution, arguing it skirted a 90-day public notice requirement and calling the question that was presented to voters “flagrantly misleading.”
Virginia Attorney General Jay Jones, a Democrat, said he will immediately appeal the ruling. “Virginia voters have spoken, and an activist judge should not have veto power over the People’s vote,” Jones wrote in a statement on X. “We look forward to defending the outcome of last night’s election in court.” The Republican National Committee, one of several GOP groups that sued over the referendum, called the ruling “a major victory for Virginians.” “Democrats attempted to force an unconstitutional scheme to tilt congressional maps in their favor, but the court recognized it for what it is — a blatant power grab,” RNC Chair Joe Gruters said in a statement. The ballot measure, which voters approved by a 3-point margin on Tuesday, sought to amend Virginia’s constitution so that lawmakers could redraw the state’s House map, overriding a 2020 amendment that created a bipartisan commission to handle redistricting.
The state’s Democratic-controlled General Assembly passed a new map earlier this year. Virginia will return to its old redistricting system after the 2030 election.
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