RICHMOND, Va. - Virginia's highest court has declined to lift, at least temporarily, a lower court ruling that blocks the certification of a statewide redistricting referendum.
The case stems from a proposed constitutional amendment passed by the Virginia General Assembly in 2024 and again in 2026, following the process required under the state constitution. The amendment would allow lawmakers to redraw congressional districts before the next census cycle. After clearing the legislature, the proposal was placed before voters in a special election held April 21, 2026, in which voters narrowly approved the measure.
The redrawn congressional map would favor Democrats to give them a 10 out of 11 edge in House seat races for the November midterms.
However, the referendum faced legal challenges even before voting began. On February 18, the Republican National Committee filed suit in Tazewell County Circuit Court, arguing the amendment process violated multiple provisions of the Virginia Constitution. The following day, a judge issued a temporary injunction blocking the referendum.
That decision was short-lived. On March 4, the Virginia Supreme Court stepped in and allowed the election to proceed. Early voting began March 6, and the referendum ultimately went forward as scheduled on April 21.
Less than 24 hours after polls closed, the Tazewell County Circuit Court issued a sweeping final judgment that upended the results. The court ruled in favor of the plaintiffs on all counts, declaring the amendment invalid from the outset, and stating that all votes cast in the election were “ineffective.”
The Tazewell County Circuit Court judge also issued a permanent injunction blocking the state from certifying the results.
In its ruling, the court cited several reasons for invalidating the amendment. It found that the General Assembly violated its own procedural rules during a 2024 special session, meaning the initial approval of the amendment was invalid. It also determined the amendment process failed to meet the constitution’s requirement for an “intervening” general election between legislative approvals, concluding that such an election had not properly occurred.
The court further ruled the ballot language presented to voters was “flagrantly misleading” and did not accurately describe the amendment. In addition, the court determined the timing of the referendum violated constitutional requirements because early voting began less than 90 days after the amendment’s final legislative passage.
Despite the far-reaching nature of the decision, the circuit court denied a request from state officials to pause the ruling while they appealed.
Two days later, on April 24, Virginia election officials filed an emergency appeal with the Virginia Supreme Court, asking for a stay that would temporarily restore the referendum results while the case is reviewed. In their filing, state officials argued the lower court misinterpreted the constitution and issued an overly broad ruling that disrupts election administration across the state. They warned the decision is already interfering with certification deadlines and could impact preparations for upcoming elections, including the August primary.
On April 28, the Virginia Supreme Court denied that emergency request, meaning the lower court’s ruling remains in effect as the appeal moves forward. The high court did not issue a detailed explanation alongside its order.
For now, the amendment remains invalid, the results of the April 21 referendum cannot be certified, and state officials are barred from implementing any changes tied to the measure.
Meanwhile, the Virginia Supreme Court is weighing another case challenging the referendum, with oral arguments in that case heard on Monday. It remains unclear how the Commonwealth’s highest court might rule in the ongoing battle over Virginia’s redistricting.
