Virginia redistricting election will go forward while court considers appeal

Virginia voters will soon decide the fate of a controversial redistricting plan that could significantly strengthen Democrats’ position in the state’s congressional delegation, even as legal challenges to the initiative remain unresolved.

The Virginia Supreme Court ruled Friday that a statewide referendum can proceed on April 21, asking voters to approve a mid-decade redistricting effort. The court will determine the plan’s legality at a later date, creating uncertainty about whether the vote will ultimately matter.

Democratic strategists view the revised congressional map as a critical component of their national strategy to maintain control of the U.S. House of Representatives. Currently holding six of Virginia’s 11 congressional seats, Democrats have designed new district boundaries that could potentially boost their representation to as many as 10 seats in the upcoming midterm elections.

The proposed redistricting represents part of a broader Democratic effort to counterbalance Republican-led redistricting in states like Texas, Missouri, North Carolina, and Ohio. The national redistricting landscape has already yielded a net advantage of three seats for Republicans, a margin Democrats hope to overcome with their Virginia initiative.

“This referendum is about ensuring fair representation for all Virginians,” said a Democratic strategist familiar with the redistricting effort, who requested anonymity to speak candidly. “The current maps don’t accurately reflect the state’s political makeup.”

For the plan to move forward, voters must approve a constitutional amendment that temporarily transfers redistricting authority from a bipartisan commission to the General Assembly. Virginia lawmakers passed this amendment twice—first in fall 2022 and again in January 2023—as required by the state’s constitutional amendment process.

However, Tazewell Circuit Court Judge Jack Hurley Jr. struck down the General Assembly’s actions last month, citing three procedural violations. First, Hurley ruled that lawmakers failed to follow their own rules when adding the redistricting amendment to a special session agenda. Second, he determined that the initial vote for the amendment occurred after voters had already begun casting ballots in last year’s general election, invalidating the first step in the two-step process. Finally, Hurley noted that the state failed to publish the amendment three months before the election, as required by law.

Based on these findings, Hurley declared the amendment “invalid and void,” prompting Democrats to appeal to the state Supreme Court. While allowing the referendum to proceed, the high court has established a timeline for considering the legal challenge that extends beyond the April 21 vote.

Initial briefs must be filed by March 23, with final court documents due April 23. Oral arguments will be scheduled for an unspecified later date. This timeline creates the possibility that voters could approve a redistricting plan that the court ultimately invalidates.

Political analysts note that the redistricting battle in Virginia reflects the high stakes of the upcoming midterm elections. With Republicans needing to flip just five seats to regain control of the House, both parties are pursuing every available advantage.

“Redistricting has become increasingly contentious as both parties recognize its potential to shape electoral outcomes for a decade,” explained Dr. Rebecca Green, a law professor specializing in election law at William & Mary Law School. “Virginia’s unusual mid-decade redistricting attempt highlights the extraordinary measures parties are willing to take in this political environment.”

The national redistricting landscape has been particularly active in recent years. Following the 2020 census, many states redrew their congressional maps, often resulting in legal challenges alleging partisan gerrymandering or Voting Rights Act violations.

Virginia’s situation is unique because the state adopted a bipartisan redistricting commission in 2020, partly in response to concerns about partisan gerrymandering. The current Democratic effort to temporarily bypass this commission has drawn criticism from government reform advocates who championed the original reform.

As April 21 approaches, Virginia voters face a consequential decision about their state’s congressional representation, even as the courts determine whether their votes will ultimately matter.