TAZEWELL COUNTY, Va. — Hold on there, Virginia Democrats, a Virginia judge has just overruled the party’s redistricting referendum that heavily favored the Democrat party.
A Virginia circuit court judge voided a voter-approved redistricting amendment Wednesday, ruling the measure unconstitutional and blocking its certification just one day after it narrowly passed statewide.
Judge Jack Hurley of the Tazewell County Circuit Court granted final judgment in favor of plaintiffs including the Republican National Committee, declaring the referendum legally invalid and halting its implementation, according to the court order.
Court says amendment process violated constitution
In his ruling, Hurley found that the resolution underpinning the ballot measure—House Joint Resolution 6007—was “void ab initio,” meaning it was invalid from the outset due to procedural and constitutional violations.
The order states the General Assembly failed to meet requirements under the Virginia Constitution, including the mandate that constitutional amendments be approved by two separately elected legislatures before going to voters.
Hurley also ruled that actions taken during the 2026 legislative session could not count as a valid second approval, citing the lack of a new House of Delegates election since the prior vote.
Additionally, the judge found that related legislation, House Bill 1384, violated constitutional standards governing how ballot questions are presented to voters.
Immediate impact on certified results
The decision effectively nullifies all votes cast in the referendum, which had passed by a narrow margin in Tuesday’s election.
The measure would have temporarily allowed the Democratic-controlled General Assembly to redraw congressional district maps, replacing the state’s bipartisan redistricting commission until after the 2030 census.
Supporters argued the change would streamline map-drawing and counter partisan advantages elsewhere, while opponents said it risked enabling gerrymandering.
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Key Points
• Judge ruled Virginia redistricting amendment unconstitutional after voter approval
• Court found legislature failed required constitutional steps before referendum
• Decision blocks certification and voids all votes cast on the measure
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Appeal expected from state officials
Virginia Attorney General Jay Jones criticized the ruling and confirmed the state will appeal, calling the decision the work of an “activist judge.”
The court order denied a request from state defendants to pause the ruling during an appeal, meaning the decision remains in effect for now.
Legal challenges to the referendum were already underway before the vote, reflecting the high political stakes tied to control of congressional district boundaries ahead of upcoming elections.
Broader political and legal stakes
Redistricting battles in Virginia have drawn national attention, with control over district maps influencing the balance of power in Congress.
Before the referendum, the state used a bipartisan commission to draw districts—a system set to resume after the 2030 census under the now-contested framework.
The ruling adds uncertainty to the state’s redistricting process and could trigger further court battles over how and when new maps can be drawn.
Current status of the case
The circuit court’s final judgment invalidates the amendment and blocks its certification, but the case is expected to move quickly to appellate courts as state officials challenge the decision.
Until a higher court intervenes, the referendum remains void and unenforceable under the current ruling.