A Virginia judge ruled Tuesday that a proposed constitutional amendment letting Democrats redraw the state’s Congressional maps was illegal, potentially foiling their efforts to pick up seats in the U.S. House in November.
Tazewell Circuit Court Judge Jack Hurley Jr. struck down the legislature’s actions on three grounds, ruling that lawmakers failed to follow their own rules for adding the redistricting amendment to a special session; failed to approve the amendment before the public began voting in last year’s general election; and failed to publish the amendment three months before the election, as required by law.
As a result, he said, the amendment was invalid and void.
In October, lawmakers advanced their mid-decade redistricting resolution less than a week before their statewide races. The proposed amendment passed both the House of Delegates and state Senate a second time earlier this month, before Virginia Gov. Abigail Spanberger had even officially taken office.
The amendment grants the General Assembly authority to redraw congressional districts within a limited time frame of Jan. 1, 2025 until Oct. 31, 2030. Democratic legislators had hoped to send the proposal to voters for their approval in a special referendum on April 21.
Senate and House minority leaders Ryan McDougle and Terry Kilgore celebrated the ruling as “a decisive victory for the rule of law and Virginia voters” in a joint statement with Virginians for Fair Maps honorary co-chair Eric Cantor, shared by Virginia Scope reporter Brandon Jarvis.
“This case was never about partisanship. It was about process, fairness, and the simple principle that you cannot change the Constitution by ignoring the Constitution,” the trio said. “The court made clear that elections matter, notice matters, and the rules apply to everyone — even those in power.”
Statement from Sen. Ryan McDougle, Del. Terry Kilgore
And Honorary Co-Chair of Virginians for Fair Maps Eric Cantor“Today’s ruling is a decisive victory for the rule of law and Virginia voters.” https://t.co/aE7UipZfaU pic.twitter.com/GKNF39YaVB
— Brandon Jarvis (@Jaaavis) January 27, 2026
However, Senate Majority Leader Scott Surovell (D-34), House Democratic Caucus Chair Kathy Tran (D-18) and other Democratic leaders in the Virginia General Assembly said they plan to appeal the ruling “immediately” and are confident they will ultimately prevail.
“Republicans who can’t win at the ballot box are abusing the legal process in an attempt to sow confusion and block Virginians from voting,” the legislators said. “… This was court-shopping, plain and simple. We’re prepared for the next step, and voters — not politicians — will have the final say.”
Our joint statement on today’s Tazewell ruling: pic.twitter.com/X3rzT88iAO
— Senator Scott Surovell – ssurovell.bsky.social (@ssurovell) January 27, 2026
Virginians for Fair Elections, a campaign advocating for the redistricting amendment, similarly criticized Republicans for turning to the courts to block a referendum.
“This is a clear attempt to confuse voters and block them from having a say,” campaign manager Keren Charles Dongo said in a statement. “Republicans court-shopped for a ruling because litigation and misinformation are the only tools they have left. We’re prepared for what comes next, and Virginians deserve both the right to vote and the chance to level the playing field.”
Initiated by a call from President Donald Trump for Texas Republicans to redraw their maps, the unusual mid-decade redistricting battle across the country has resulted, so far, in nine more seats that Republicans believe they can win in Texas, Missouri, North Carolina and Ohio. Democrats, meanwhile, think they can win six more because of redistricting in California and Utah.
Democrats hope to fully or partially make up that three-seat margin in Virginia.
As in Virginia, redistricting is still being litigated in several states, and there is no guarantee that the parties will win the seats they have redrawn.
