RICHMOND, Va. — In a 4-3 decision issued Friday, May 8, 2026, the Supreme Court of Virginia overturned the results of a narrow voter-approved constitutional amendment that would have allowed the Democratic-led General Assembly to redraw the state’s congressional districts mid-decade. The ruling upholds a lower court’s finding that the legislature violated procedural requirements in the Virginia Constitution when it placed the measure on the April 21 special-election ballot.
The decision leaves Virginia’s existing 6-5 Democratic advantage in congressional seats intact for the 2026 midterm elections and beyond, instead of the heavily Democratic-favoring map (potentially 10-1) that would have taken effect. It marks a significant victory for Republicans in a high-stakes national battle over congressional mapmaking ahead of the midterms.
Background: From Bipartisan Commission to Mid-Decade Push
The controversy traces back to 2020, when Virginia voters approved a constitutional amendment creating a bipartisan redistricting commission to draw congressional maps after each census. That system was intended to reduce partisan gerrymandering.
In October 2025, amid Republican-led redistricting efforts in other states that Democrats said threatened fairness, the Democratic-controlled General Assembly called a special session. Lawmakers passed a constitutional amendment on party-line votes allowing the legislature to temporarily adopt new congressional districts outside the normal decennial cycle. The measure passed the House (51-42) and Senate (21-16) in late October 2025 and was approved a second time in January 2026. Governor Abigail Spanberger signed enabling legislation in February.
A new map drawn under the amendment would have split key suburban areas such as Prince William and Fairfax counties across multiple districts, creating what analysts described as a strong Democratic advantage in 10 of 11 seats. Supporters framed it as a necessary counter to partisan moves elsewhere; opponents called it an unconstitutional power grab.
Voters Approve, But Legal Challenges Loom
On April 21, 2026, Virginia voters narrowly approved the amendment in a special statewide referendum. Roughly 51.7% (about 1.60 million votes) voted yes, while 48.3% (about 1.50 million) voted no, with turnout at nearly 49% of registered voters.
Republicans and redistricting reformers had challenged the amendment from the outset. In January 2026, Tazewell County Circuit Court Judge Jack C. Hurley ruled the measure invalid on procedural grounds. The Supreme Court allowed the referendum to proceed but, less than 24 hours after the vote, upheld Hurley’s order blocking certification of the results.
Court’s Reasoning: Procedural Violations
Writing for the majority, Justice D. Arthur Kelsey emphasized that Article XII, Section 1 of the Virginia Constitution requires an “intervening general election” between the legislature’s first and second approvals of a constitutional amendment. This gives voters a chance to weigh the issue when electing their representatives.
In this case, the General Assembly approved the amendment after early voting had begun in the 2025 House of Delegates elections, depriving more than 1.3 million Virginians of that opportunity, the court found. The justices also cited issues with the scope of the special session and public notice requirements.
“The purpose of Article XII, Section 1 is to give voters the opportunity to participate in the process of amending their Constitution,” Kelsey wrote. “The commonwealth in this case … ended up denying over 1.3 million Virginians their constitutional right to have a voice in the debate.”
The court’s ruling nullifies the amendment and the new map, returning redistricting authority to the bipartisan commission process established in 2020. New maps will next be drawn after the 2030 census.
Political Reactions Split Along Party Lines
Republicans celebrated the decision as a defense of constitutional principles. Sen. Ryan T. McDougle (R-Hanover), a plaintiff in the case, said, “The Supreme Court ruling today affirms what we all know: you cannot violate the Constitution to change the Constitution.” Republican National Committee Chairman Joe Gruters added, “Democrats just learned that when you try to rig elections, you lose.” President Donald Trump posted on Truth Social calling it “a Huge win for the Republican Party, and America, in Virginia.”
Democrats expressed outrage, arguing the court had overridden the will of more than three million voters. Attorney General Jay Jones stated, “Today the Supreme Court of Virginia has chosen to put politics over the rule of law by issuing a ruling that overturns the April 21 special election.” House Speaker Don Scott (D-Portsmouth) said, “Three million people voted in a free and fair election.” Governor Spanberger voiced disappointment, noting voters had sought to push back against efforts to tilt the national balance of power.
National Implications for 2026 Midterms
The ruling comes as both parties wage aggressive redistricting battles across the country. Virginia’s current 6-5 Democratic edge in the U.S. House delegation remains unchanged for now. Analysts say the decision removes a potential gain of up to four seats for Democrats, helping Republicans defend their narrow majority heading into the midterms.
Legal experts note that further appeals to the U.S. Supreme Court are possible but face significant hurdles given the timing and the state court’s focus on purely procedural state constitutional issues.
The episode underscores ongoing tensions between voter-approved measures, legislative authority, and constitutional guardrails in the redistricting process — a debate likely to echo in other states as the 2026 elections approach.
SOURCES:
Supreme Court of Virginia strikes down redistricting amendment, keeps current maps in place • Virginia Mercury
Virginia Supreme Court throws out redistricting referendum results – Axios Richmond
