Virginia Judge Declares Democratic Redistricting Amendment Invalid, Prompting Appeal
Updated (5 articles)
Judge Jack Hurley Jr. Blocks Amendment Over Procedural Violations On Jan 27‑28 2026 Tazewell County Circuit Court Judge Jack Hurley Jr. ruled the proposed constitutional amendment to permit a mid‑decade redistricting was “invalid and void” because it failed Virginia’s three‑month publication rule, was not passed in two separate legislative sessions, and was inserted during a special session contrary to state law [1][2][3]. The written order cited the amendment’s breach of the procedural deadline that requires notice before the November 2025 election [2]. Hurley described the General Assembly’s action as a “blatant abuse of power” [1].
Decision Threatens Democrats’ Plan to Add Up to Four Seats The amendment sought to let Democrats redraw congressional districts and create as many as four new House seats, a move intended to widen their narrow 6‑5 majority in the U.S. House ahead of the 2026 midterms [1][3]. Virginia’s current delegation, set by a court‑imposed map after a bipartisan commission deadlocked, consists of six Democrats and five Republicans [2]. If the ruling stands, the state loses a potential avenue to shift the partisan balance before the November 2026 elections [3].
Democratic Leaders Vow Appeal and Possible April Referendum House Speaker Don Scott, along with other Democratic officials, announced an immediate appeal and said the party will still pursue putting the redistricting question before voters, possibly via an April 2026 referendum as the constitution allows the bipartisan commission to submit maps for voter approval [1][2][3]. Campaign manager Keren Charles Dongo framed the lawsuit as “court‑shopping” by Republicans and pledged to fight the decision [1]. The appeal could keep the four‑seat scenario alive if a higher court overturns Hurley’s order.
Republican Officials Emphasize Rule Enforcement and Accuse Court‑Shopping Republican leaders including Sen. Ryan McDougle, Del. Terry Kilgore, and former Rep. Eric Cantor issued a joint statement asserting that the court simply applied existing election‑notice rules to everyone, including those in power [3]. Virginians for Fair Elections, the group backing the amendment, accused GOP‑aligned litigants of selecting a “known GOP‑friendly jurisdiction” to file the suit [2]. Both sides cite the same procedural failures but differ on whether the litigation reflects partisan strategy or impartial rule‑keeping [1][3].
Sources
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1.
Newsweek: Virginia Judge Blocks Democratic Redistricting Amendment – Details Hurley’s “blatant abuse of power” language, the potential addition of four seats, Democratic plans to appeal, and the broader national redistricting context .
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2.
AP: Virginia Judge Blocks Democratic Redistricting Amendment – Emphasizes the three specific procedural violations, current six‑Democrat/ five‑Republican delegation, accusations of court‑shopping, and links to Trump‑driven redistricting battles elsewhere .
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3.
CNN: Virginia Court Halts Democrats’ Mid‑Decade Redistricting Plan – Focuses on timing violations, the prospect of an April referendum, Republican leaders’ rule‑enforcement stance, and comparison to the Texas‑initiated mid‑decade effort .
Timeline
Dec 2025 – Virginia Democrats unveil a mid‑decade redistricting amendment aimed at creating up to four new congressional districts, which would shift the delegation from six Democrats and five Republicans to ten Democrats and one Republican; House Speaker Don Scott says President Donald Trump is “bullying” neighboring states to redraw maps; political scientist Mark Shanahan warns the plan faces legal hurdles and depends on outcomes in other states; the proposal mirrors California’s Proposition 50 and seeks to influence the Nov 2026 midterms. [3]
Jan 16 2026 – The Democratic‑led Virginia Senate passes the constitutional amendment along party lines, moving it toward a statewide referendum; officials promise to release the proposed map to the public by the end of the month; the amendment would expire in 2030 and include trigger language tied to other states’ actions; Gov‑elect Abigail Spanberger publicly backs the effort while noting the decision rests with voters; the move builds on the 2020 voter‑approved bipartisan commission that failed to produce a map, leading to court‑imposed boundaries. [5]
Jan 27 2026 – Tazewell County Circuit Court Judge Jack Hurley Jr. issues a written order declaring the redistricting amendment invalid for breaching state procedural rules, labeling the General Assembly’s action a “blatant abuse of power” and noting the failure to publish the amendment three months before the election; the ruling threatens Democrats’ plan to add four House seats ahead of the 2026 midterms. [2]
Jan 27 2026 – Republican leaders Ryan McDougle, Terry Kilgore and former Rep. Eric Cantor issue a joint statement that “the court made clear that elections, notice and rules apply to everyone, including those in power,” emphasizing rule enforcement across parties. [1]
Jan 27 2026 – Democratic leaders, including House Speaker Don Scott, vow to appeal the decision and say they will place the redistricting question directly before voters, considering an April 2026 referendum to let Virginians decide on new maps. [1][4]
Jan 27 2026 – Advocacy group Virginians for Fair Elections accuses Republicans of “court‑shopping” the lawsuit and claims litigation and misinformation are “the only tools they have left,” framing the legal challenge as partisan manipulation. [4]
April 2026 (planned) – If the appeal fails, Democrats plan to submit the new congressional map to an April referendum, allowing voters to approve the amendment and potentially redraw districts before the Nov 2026 elections. [1]
All related articles (5 articles)
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Newsweek: Virginia Judge Blocks Democratic Redistricting Amendment
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AP: Virginia Judge Blocks Democratic Redistricting Amendment
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CNN: Virginia Court Halts Democrats’ Mid‑Decade Redistricting Plan
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AP: Virginia Senate advances mid-decade redistricting amendment ahead of referendum
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Newsweek: Virginia Democrats Seek Redistricting to Gain Four Congressional Seats
External resources (1 links)
- https://www.reportforamerica.org/ (cited 1 times)