Virginia's redistricting fight is headed to the state's high court Thursday after a Tazewell County Circuit Court Judge Jack Hurley Jr. halted the certification process late Wednesday, throwing a wrench into the referendum that passed 51%-49% in November.
The ballot measure, which would redraw the state's congressional districts to give Democrats a 10-1 majority in the House delegation, was allowed to proceed by the Supreme Court of Virginia in March while challenges remained under review. Now Republicans are making a last-chance push to save every Republican-held House seat ahead of the U.S. midterm elections.
What the Left Is Saying
Virginia Attorney General Jay Jones, a Democrat who defeated GOP incumbent Jason Miyares in November, said his office will immediately appeal Hurley's ruling. 'As I said last night, Virginia voters have spoken, and an activist judge should not have veto power over the people's vote,' Jones said in a statement.
The Virginia Supreme Court had issued its postponement hoping that voters would vote 'no' and make any necessary legal action moot, according to former U.S. Attorney John Fishwick Jr. of the Roanoke-based Western District of Virginia. Fishwick said there are strong arguments that the legislature did not follow its own rules when passing the proposed amendment, predicting a 'prompt' decision from the court.
Supporters of the referendum argue it represents the will of Virginia voters and that continued legal challenges undermine democratic processes. The ballot measure passed with a narrow majority, reflecting what supporters call a fair approach to redistricting.
What the Right Is Saying
State Senate Minority Leader Ryan McDougle, R-Hanover, told Fox News Digital that Virginians saw exactly what happens when a misleading, rigged question is shoved onto the ballot. 'If this were really about fairness, the advocates wouldn't have needed to blow $90 million-plus to trick voters. Litigation is still pending with the courts, but the bottom line is clear: Virginians deserve far better,' McDougle said.
Republican Party of Virginia Chairman Jeff Ryer said the party is directly involved in a case before Richmond City Circuit Court challenging the new maps. According to an RPV statement, that case is titled RNC v. VA State Board of Elections, and a decision on any injunction blocking the new maps is expected next week.
Delegate Wren Williams, R-Stuart, an attorney who had favored allowing counties to decline election preparations until SCOVA stayed Hurley's ruling, argued the referendum was illegitimate. 'There are huge constitutional issues with this process to begin with,' Williams said in an exclusive interview. 'And in this case, people can say the voters decided all they want, but they didn't decide based on the process that we have in the Constitution.'
Reps. Morgan Griffith and Ben Cline, R-Va., joined the RNC in its Koski case, which focuses on state law requiring an 'intervening election' to be held before a referendum can go to voters. They argued that early voting having begun before the referendum drafting process started made the vote 'void ab initio.' McDougle's case argues lawmakers improperly used an old special session called by then-Gov. Glenn Youngkin to push through the referendum, among other procedural violations.
What the Numbers Show
The ballot measure passed 51%-49% in November, a narrow margin that decided whether Virginia's congressional map would be redrawn. If implemented, the new districts are expected to produce a 10-1 Democratic majority in the state's House delegation, a significant shift from current representation.
Campaign spending on the referendum exceeded $90 million, according to Republican officials who cite this figure as evidence of a misleading campaign. The spending was used by advocates to persuade voters, Republicans argue.
The Supreme Court of Virginia in March stayed an earlier injunction from Hurley, clearing the way for the referendum to advance while making clear it had not ruled on the merits. Hurley then ruled again late Wednesday, declaring the ballot language unconstitutional and blocking certification of the results.
Two main legal challenges remain active: Koski v. RNC, which focuses on procedural issues around the referendum process, and McDougle's case in Richmond City Circuit Court. A legislative source told Fox News Digital the SCOVA is not likely to play ball on Hurley's latest ruling and instead will continue its own litigation while potentially rebuking the lower court judge.
The Bottom Line
The Virginia Supreme Court will now decide whether the redistricting referendum can be certified, potentially reshaping the state's congressional map ahead of the 2026 midterms. Republicans are fighting to preserve their House seats while Democrats argue the voters have already spoken.
The case raises fundamental questions about referendum procedures in Virginia, including whether proper legislative processes were followed and if the ballot language met constitutional standards. These technical arguments could determine whether voters' decision stands or is overturned.
A ruling is expected soon given the approaching midterm elections and the need for certified maps. Legal observers note the court's decision will likely be appealed regardless of outcome, potentially setting a precedent for how referenda are conducted in Virginia.