A Tazewell County Circuit Court has paused certification of a Virginia referendum passed on April 21, 2026, that returns congressional redistricting power to the Democrat-controlled General Assembly. The measure passed with 51.5% of the vote, reversing a 2020 bipartisan commission approved by 66% to 34%. Legal challenges cite violations of the state constitution's amendment process.
Voters in Virginia narrowly approved the referendum on April 21, 2026, by a 51.5% margin, handing redistricting authority back to the General Assembly. The ballot measure overturned a 2020 constitutional amendment that created a bipartisan commission, which had produced what former Attorney General Ken Cuccinelli described as 'arguably the fairest maps in the entire country.' The campaign saw record spending exceeding $90 million, with the 'yes' side raising $65 million to $70 million—much through dark-money groups like House Majority Forward—compared to $23 million for opponents. Cuccinelli noted the 'no' side's funds arrived late, creating an early 10-to-1 spending disparity during a period of heavy early voting. The Tazewell County Circuit Court, in rulings by Judge Jack Hurley, declared aspects of the process unconstitutional. These included the use of a special session under HJR 6001 or 6007, limited to budget matters, ruled 'void ab initio'; lack of an intervening House of Delegates election before the second passage on January 19, 2026; and early voting starting March 6, 2026, less than 90 days after final passage. Hurley also found the ballot language 'flagrantly misleading.' The court ordered a pause on implementing results. Attorney General Jay Jones vowed to appeal, stating, 'Virginia voters have spoken, and an activist judge should not have veto power over the People’s vote.' Cuccinelli expressed optimism, saying the Supreme Court of Virginia would focus on whether 'the law [was] followed,' predicting the referendum would be thrown out. Challenges to the proposed maps' compactness continue in Richmond Circuit Court, with all cases heading to the state Supreme Court.
