The Supreme Court of Virginia struck down a voter-approved redistricting referendum on Friday. The ruling blocked a Democratic-backed congressional map that could have reshaped the state’s House delegation before the midterm elections.
In a 4-3 decision, the court found that Virginia lawmakers violated the state constitution during the amendment process tied to the redistricting plan.
“We hold that the legislative process employed to advance this proposal violated Article XII, Section 1 of the Constitution of Virginia,” the court wrote. “This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy.”
The decision is a major setback for Democrats. Party leaders hoped the new map would offset Republican-led redistricting efforts in states such as Texas, Florida, and Tennessee.
Virginia currently sends six Democrats and five Republicans to the U.S. House. Under the now-invalidated map, Democrats were expected to gain a large advantage. Projections suggested the delegation could have shifted to 10 Democrats and one Republican.
Justice D. Arthur Kelsey wrote the majority opinion. He said the General Assembly failed to follow the constitutionally required timeline for advancing amendments.
The court ruled lawmakers acted too late. More than one million early ballots had already been cast before the amendment moved forward.
Under Virginia’s constitution, lawmakers must approve constitutional amendments in two separate legislative stages. A general election must take place between those stages.
The process is meant to give voters the opportunity to hold lawmakers accountable before an amendment reaches a statewide referendum.
The court determined that early voting counted as part of the general election process. That meant Democrats missed the constitutional deadline.
The dissenting justices disagreed with that interpretation. They argued the majority improperly redefined the meaning of an election.
Chief Justice Cleo E. Powell wrote in dissent that Virginia law has historically treated Election Day as the constitutional benchmark. She argued that early voting should not have been treated as the start of the election itself.
The referendum narrowly passed during a special election last month. It cleared the threshold by fewer than three percentage points.
Reports cited during the case said the state spent more than $5.2 million on the special election. Outside groups reportedly spent nearly $100 million supporting the measure.
Republicans celebrated the ruling as a major victory.
Rep. Jen Kiggins called the decision a “victory for Virginians’ right to fair and adequate representation.”
Former Virginia Gov. Glenn Youngkin accused Democrats of knowingly violating the state constitution. He said the effort was designed to gain a political advantage before the midterms.
The ruling comes as both parties continue fighting over congressional maps nationwide. The battle intensified after the U.S. Supreme Court narrowed the interpretation of Section 2 of the Voting Rights Act and struck down race-based congressional district requirements.
Republicans now appear positioned to benefit more from the redistricting fights. Texas, Florida, and Tennessee have already advanced new maps. Lawmakers in Alabama, Mississippi, Louisiana, and South Carolina are also considering changes before November’s elections.