Virginia Democrats filed a joint motion asking the state Supreme Court for a stay on its ruling voiding a redistricting referendum. The ruling effectively tossed out a map voters approved last month that would give Democrats a four-seat advantage.
In a copy of the motion obtained by The Hill, the state, Virginia’s House of Delegates Speaker Don Scott, a Democrat, and others requested the state Supreme Court “delay issuing its mandate” on the referendum. They plan on filing an emergency petition to the U.S. Supreme Court as well.
“Today’s action is an imperative step in the process we promised to pursue to explore every available option to restore the will of the voters,” Rae Pickett, spokesperson for Democratic Virginia Attorney General Jay Jones, said in a statement to The Hill. “We will continue moving through that process deliberately, responsibly, and with full respect for the voters who made their voices heard.”
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Jones put out a statement after the state Supreme Court’s decision came down saying that his team is “carefully reviewing this unprecedented order.”
“We are evaluating every legal pathway forward to defend the will of the people and protect the integrity of Virginia’s elections,” Jones had said.
Friday’s ruling restored maps issued by the court in 2021 that had six Democratic and five Republican seats. The referendum would have increased Democrats’ possible seats from six to 10, and reduced Republicans’ from five to one.
A majority of the court said because the state’s General Assembly passed the referendum as Virginians were voting in the November election, its passing violated the legislature’s rules.
The state requires constitutional amendments to pass the General Assembly twice, and in two separate legislative sessions, with an intervening House of Delegates election before they are sent to the governor for consideration.
“This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy,” Justice D. Arthur Kelsey wrote Friday.
State Senate Minority Leader Ryan McDougle, a Republican, wrote on X Friday that the court ruling affirms that “you cannot violate the Constitution to change the Constitution.”
“The justices of the Supreme Court of Virginia after careful and thorough review of this matter affirmed that even the General Assembly must follow the law,” McDougle wrote. “This ruling is not a partisan one — it’s a constitutional one.”
Chief Justice Cleo Powell was joined by Justice Thomas Mann and Justice Junius Fulton III in the dissent. Powell argued that the majority broadened the meaning of the word “election” to include the early voting period.
“This is in direct conflict with how both Virginia and federal law define an election,” Powell said. “Under the facts of this case, I believe the circuit court erred and I respectfully disagree with the majority’s conclusion that the General Assembly did not strictly comply with Virginia’s constitutional requirements.”
Jones wrote in his statement that the “Republican-led majority” of the state Supreme Court “contorted the language” of Virginia’s constitution.
“The consequences of their error are grave,” Jones said. “The strength and stability of our democracy depends on adherence to the rule of law, the execution of free and fair elections where every eligible voter can cast their ballots to choose their leaders, and public trust in the institutions that provide accountability and protect our democratic processes. This Court’s ruling follows a dangerous trend of tilting power away from the people.”
Scott responded to the state Supreme Court’s decision by saying, “this is not the time to despair — this is the time to keep fighting.”
“Keep your head up and keep moving forward,” he said on X. “One battle at a time, one fight after another. We’ve come too far to stop now.”
