Virginia Judge Rejects Redistricting Amendment
A judge in Virginia has turned down a redistricting amendment that was approved by the General Assembly. He stated that members of the ruling party went beyond their authority during the 2024 special session, breaching constitutional guidelines concerning elections and voter notification.
In a detailed ruling released on Tuesday, Judge Jack S. Hurley Jr. of the Tazewell County Circuit Court invalidated the actions that were taken to advance the amendment. This decision prevents the amendment from being presented to voters.
The case focused on whether legislators are permitted to address redistricting-related constitutional amendments during special sessions that were originally convened for budget discussions. Moreover, it questioned if the General Assembly adhered to its own regulations when extending the session’s agenda.
“Indeed, both houses of the federal legislature must follow their own rules and resolutions,” noted Hawley.
The ruling found that lawmakers incorrectly added redistricting to matters that could be discussed in the special session without having achieved unanimous consent or a supermajority vote.
Consequently, the court determined that joint resolutions aiming to alter the Congressional and Legislative district divisions fell outside the agreed limitations set by the legislators for this special session.
“The court further states that a joint resolution proposing an amendment to the Virginia Constitution concerning reapportionment or redistricting violates…the General Assembly’s call to the Governor for a special session in 2024, and the court has ordered from the outset that all such actions are invalid,” Hurley wrote.
The ruling also evaluated the circumstances under which a constitutional amendment may validly proceed in Virginia, dismissing the argument that elections can only occur on Election Day and not during early voting periods.
Hawley pointed out that over 1 million Virginians had already cast votes in the 2025 delegate election before the lawmakers took action on the amendment.
“If this court finds that the election only occurred on November 4, 2025, then Virginia’s 1 million voters will be entirely disenfranchised,” he remarked.
The judgment revealed that the lawmakers failed to follow state regulations which mandate that constitutional amendments should be publicly displayed and announced ahead of the upcoming election. Because these protocols weren’t adhered to, votes cast during the 2026 regular session would not contribute toward the necessary second approval.
“Accordingly, the court … finds noncompliance with provisions of the Virginia Code; thus, all votes on the constitutional amendment … are invalid as ‘second’ votes of the General Assembly,” Hurley stated.
Hurley has issued both temporary and permanent injunctions to halt any further actions on the amendment. This ruling presents a significant obstacle for lawmakers aiming to modify Virginia’s redistricting process and underscores the limitations of legislative power during special sessions.
