Virginia Supreme Court strikes down Redistricting Referendum

The Virginia Supreme Court on Friday struck down a recently approved constitutional amendment involving congressional redistricting, ruling that the General Assembly violated the Virginia Constitution when advancing the proposal to voters earlier this year.

In its ruling, the court found lawmakers failed to comply with the Constitution’s “intervening-election” requirement because the amendment was first approved after early voting had already begun in the 2025 House of Delegates election.

The amendment would have temporarily suspended Virginia’s current bipartisan redistricting process and allowed lawmakers to redraw congressional districts outside the normal census cycle. It narrowly passed. Nearly $100 million was spent on advertising.

The court said the procedural violation rendered the referendum results invalid, meaning the congressional maps adopted by the Virginia Supreme Court in 2021 will remain in place for the 2026 elections.

Reaction to the ruling was divided along political lines.

Virginians for Fair Maps Co-Chairs former Attorney General Jason Miyares and former Majority Leader Eric Cantor praised the ruling, saying Virginians “spoke loud and clear in 2020 that voters should pick their elected officials, not the other way around.”

Governor Abigail Spanberger said she was disappointed by the decision, noting that more than three million Virginians participated in the referendum and that voters “made their voices heard.”

Congresswoman Jen Kiggans called the ruling “a victory for Virginians’ right to fair and adequate representation,” while former Congresswoman Elaine Luria, who is vying to hold the seat once again, said the decision would not change the direction of her campaign in Virginia’s 2nd Congressional District.

Chief Justice Powell, joined by two other justices, dissented, arguing the majority improperly expanded the definition of “election” to include Virginia’s early voting period rather than only Election Day itself.

Virginia’s Attorney General Jay Jones has filed a motion asking the Virginia Supreme Court to pause its decision.