Virginia's Supreme Court ruled Wednesday that a statewide referendum on a proposed constitutional amendment for congressional redistricting can move forward as planned. The decision marks the second time the court has overturned a lower court block on the April 21 ballot measure, clearing the way for early voting to begin Friday.
The unanimous order stayed a temporary restraining order issued last month by Tazewell County Circuit Court Judge Jack Hurley Jr., who had halted preparations in his county. The justices emphasized that courts should not enjoin elections prematurely, stating, “Issuing an injunction to keep Virginians from the polls is not the proper way to make this decision.” The court made clear its ruling addresses only the process for now and does not prejudge the merits of challenges to the amendment itself.
The referendum asks voters whether to amend the state constitution to temporarily allow the General Assembly to redraw congressional districts between 2025 and 2030 if other states engage in mid-decade redistricting outside the census cycle. The ballot language reads: “Should the Constitution of Virginia be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring Virginia's standard redistricting process resumes for all future redistricting after the 2030 census?”
Democrats, who control the legislature and hold the governorship under Abigail Spanberger, passed a new map in February that analysts say could deliver the party four additional U.S. House seats. Gov. Spanberger signed the map into law, but it would take effect only if voters approve the amendment and courts uphold the process. Republicans, including House Minority Leader Terry Kilgore, have sued over procedural issues such as the scope of a special legislative session called in late 2025 and a required 90-day public notice period.
The effort stems from a wave of mid-decade redistricting nationwide, sparked by President Donald Trump's push for Republicans to redraw maps in states like Texas to bolster their narrow House majority ahead of the 2026 midterms. Republicans anticipate netting up to nine seats from changes in Texas, Missouri, North Carolina, and Ohio, while Democrats eye gains in California and Utah, positioning Virginia as a potential offset.
House Speaker Don Scott praised the ruling, saying it ensures “Virginians will have the opportunity to make their voices heard.” Gov. Spanberger welcomed the decision and plans to vote yes, calling it a temporary measure to address out-of-cycle changes elsewhere. Former President Barack Obama also endorsed the measure in a video, urging a yes vote to counter attacks on fair elections in Republican-led states.
Republicans expressed confidence in defeating the amendment at the ballot box and in court. Kilgore questioned the precedent for challenging constitutional amendments, while U.S. Rep. Ben Cline launched a “Stop the Gerrymander” campaign. Recent polls show divided support, with one survey finding 44% yes and 52% no.
Tazewell County elections director Brian Earls said preparations would resume immediately to meet the early voting deadline. The Supreme Court plans to resolve the underlying challenges after the vote, which could render the outcome moot if the amendment fails or is invalidated.
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