The Virginia Supreme Court will begin hearing oral arguments Monday on a challenge to a referendum narrowly approved by voters April 21 that would redraw the commonwealth’s congressional map to heavily favor Democrats.
The announcement on the court’s docket comes a day after Tazewell County Circuit Court Judge Jack Hurley permanently blocked Virginia from certifying the results, ruling the entire process unconstitutional.
Multiple Republican groups have challenged the referendum process in Hurley’s court since the start of the year. The oral arguments set for Monday stem from a lawsuit filed by Virginia Senate Minority Leader Ryan McDougle, R-Mechanicsville, and other Republican officials, according to Roll Call.
Hurley’s ruling Wednesday came in a case brought by the Republican National Committee, the National Republican Congressional Committee, and Rep. Ben Cline, R-Va.
The map approved by voters Tuesday would favor Democrats in 10 of Virginia’s 11 congressional seats. Republicans currently hold five of Virginia’s House seats.
Hurley found the amendment violated constitutional requirements governing how amendments must be passed, including the requirement that two legislative approvals be separated by a House of Delegates election, which cannot occur until 2027.
He also ruled lawmakers failed to follow statutory procedures, including requirements for public notice and timing. In addition, Hurley found the ballot question itself was "flagrantly misleading" and did not accurately describe the amendment approved by lawmakers.
His order further held that the legislation improperly combined multiple subjects, violated restrictions on local election laws, and required early voting before the constitutionally mandated 90-day window had elapsed.
Beyond invalidating the vote, the ruling bars the state from taking action to implement new districts tied to the amendment. That includes updating voter registration records, changing precincts or polling places, printing ballots under new maps, or using any new districts in upcoming primaries or general elections.
The Virginia Supreme Court previously allowed the referendum to proceed while litigation continued, setting the stage for the current clash.
Virginia’s legal fight comes amid a push by Democrat-led states to counter Republican redistricting efforts aimed at helping the GOP retain its narrow House majority after the 2026 midterm elections.
Last year, President Donald Trump encouraged Republican-led states to redraw their congressional maps. His call for mid-decade redistricting prompted states such as Texas, Missouri, North Carolina, Ohio, and Utah to approve new maps that together could add as many as nine Republican seats.
Democrat-led states responded with their own efforts to blunt potential GOP gains. California voters approved a constitutional amendment backed by Democrat leaders that suspends the state’s independent commission for this election cycle and replaces it with a map projected to make about five additional seats safely or strongly Democrat-leaning.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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