A Virginia judge ruled that the state legislature’s vote allowing mid-decade redistricting was void because of how lawmakers started the special session. The state’s Democrats are appealing the ruling to a higher court.
Judge Jack Hurley filed the ruling Tuesday evening in a blow to state Democrats’ effort to prematurely launch Virginia into the national redistricting frenzy before the 2026 Midterm Elections. He said that the General Assembly failed to adhere to rules it set for a 2024 special session that haven’t since been modified, nor was officially adjourned until Jan. 13.
“This blatant abuse of power by a majority ignores their own rules and resolutions thereby trampling any and all procedural rights of the minority,” he wrote.
Hurley said in his ruling that the special session’s vote on expanding business to include redistricting failed to get a unanimous vote in the House of Delegates or two-thirds of the state Senate, which legislatures agreed to under House Joint Resolution 6001. The House voted 50-42 and Senate 21-17 to extend the special session’s scope, Hurley wrote.
The judge added that the passage of a subsequent resolution — House Joint Resolution 6007 — that proposed to amend the state constitution was nullified as voting happened 43 days after the state’s General Election began.
“For this Court to find that the election was only on November 4, 2025, those one million Virginia voters would be completely disenfranchised,” he wrote. “The Constitution requires an intervening election following the first passage of a proposed Constitutional Amendment.”
Those votes would have allowed state Democrats to join the redistricting push that California, Missouri, Ohio, Texas and Utah are in ahead of the midterm election. They sought to redraw maps to create more Democrat-friendly districts, in an effort to combat President Donald Trump’s boosting of Republican seats.
Hurley did allow the General Assembly to work on a constitutional amendment in the 2026 regular session, but it wouldn’t take effect until after the midterm election if voters approve the proposals, according to left-wing advocacy group Democracy Docket.
Parties at odds over ruling
Democratic leadership said in a joint statement that they’re confident in their chances after they appeal the verdict.
“Republicans who can’t win at the ballot box are abusing the legal process in an attempt to sow confusion and block Virginians from voting,” they said in the statement. “We will be appealing this ruling immediately and we expect to prevail.”
Virginia GOP Acting Chair Kristi Way said in a statement that Democrats attempted to rewrite rules on the fly by violating procedures and statutory requirements.
“This case was about protecting the integrity of our constitutional system and ensuring that Virginians have confidence that any major changes to our government and elections are handled lawfully and transparently,” Way said.
Redistricting frenzy infects the nation
Earlier this month, a panel of judges rejected California Republicans’ challenge to the voter-approved plan that Democrats pushed forward to create five Democrat-friendly districts.
Redistricting for the 2026 midterms concluded in California, Ohio, Missouri, North Carolina, Texas and Utah. Several states like Florida, Illinois and Maryland are considering modifying their congressional boundaries.
National attention is focused on a U.S. Supreme Court case — Louisiana v. Callais — which questions if the state’s 2022 map violated a provision in the Voting Rights Act that gave Black Americans representation in Congress. Black residents say they are entitled to two districts due to the population share, while others say a second Black district would violate the 14th and 15th Amendments.
To date, Republicans have a four-seat advantage over Democrats ever since Trump started the craze. None of the districts are assumed to be in control of one party until Election Day. They are projected as favors or friendly areas based on historical election results.
