By Taylor Boyd
Democratic lawmakers have asked the U.S. Supreme Court to review a recent Virginia Supreme Court ruling that struck down the state’s voter-approved redistricting referendum.
In a 4-3 decision issued May 8, the Virginia Supreme Court ruled the amendment process violated the Virginia Constitution because lawmakers approved the proposal after early voting had already begun in the 2025 House of Delegates election.
The referendum, which passed statewide with about 51.7% support, would have redrawn congressional districts ahead of the November midterm elections.
According to the Virginia Department of Elections’ unofficial election results, 3,103,669 people voted on the referendum. Approximately 51.7 percent, or 1,604,276 voters, supported redistricting, while 1,499,393 voters, or 48.31 percent, opposed it.
In Patrick County, 5,716 voters, or 82.78 percent, voted against redistricting, while 1,189 voters, or 17.22 percent, supported it.
In Henry County, 5,114 voters, or 30.09 percent, voted in favor of the referendum, while 11,881 voters, or 69.91 percent, opposed it.
In Martinsville, 2,079 voters, or 58.76 percent, supported redistricting, while 1,459 voters, or 41.2 percent, voted against it.
Gov. Abigail Spanberger criticized the ruling, saying more than 3 million Virginians cast ballots on the measure and “made their voices heard.” Attorney General Jay Jones also condemned the decision, arguing the amendment process complied with state law.
Spanberger said that while she was disappointed by the ruling, her focus as governor would remain on ensuring voters have the information needed to participate in the November midterm elections.
Supporters of the ruling, including former Attorney General Ken Cuccinelli and Del. Wren Williams, said the referendum failed to meet constitutional requirements because some voters had already cast ballots before the proposal was formally adopted by the General Assembly.
The appeal now asks the U.S. Supreme Court to intervene before Virginia’s November elections.
In a statement, Attorney General Jay Jones said “the Supreme Court of Virginia has chosen to put politics over the rule of law by issuing a ruling that overturns the April 21st special election on redistricting. This decision silences the voices of the millions of Virginians who cast their ballots in every corner of the Commonwealth, and it fuels the growing fears across our nation about the state of our democracy.
As Attorney General, it is my job to enforce the laws on the books and defend the will of the people. Before the Court, my office clearly laid out both in filings and oral arguments that this constitutional amendment process and voter ratification occurred in a timely, constitutionally-compliant, and legally sound manner.
The Republican-led majority of the Supreme Court of Virginia contorted the plain language of the Constitution and Code of Virginia to give it a meaning that was never intended, which allowed them to reach the wrong legal conclusion that fit their political agenda. The consequences of their error are grave,” he added.
“This was not some harmless procedural mistake,” Cuccinelli said. “Every locality in Virginia was forced to spend time, manpower, and taxpayer dollars administering an unconstitutional referendum because Virginia Democrats decided constitutional requirements were inconvenient.”
“The General Assembly has to pass the amendment twice in two different sessions with a House of Delegates election in between. That intervening election is the people’s safeguard in the constitution,” Williams said, adding the Democratic majority took the first vote on Oct. 31.
“By that point, 1.3 million Virginians had already cast their ballot in the November general election. That would turn out to be 40 percent of the total turnout for that election. Those voters never had a chance to weigh in on the amendment because the amendment didn’t even exist when they voted,” he said.
Williams said Democrats argued in court that the 1.3 million voters did not count “because the only real election day is the last day of the election.”
