Judge Slams the Brakes on Democrats’ Virginia Redistricting, Rules Every Vote ‘Ineffective’
A Virginia circuit court judge ruled that the state’s April 21, 2026 redistricting referendum was legally flawed from the start and void, blocking certification of the election results.The referendum would have allowed redrawing Virginia’s congressional map, potentially shifting the balance from a 6-5 Republican advantage to a far more Democratic-leaning arrangement.
Judge Jack Hurley of Tazewell County Circuit Court issued an injunction stating that any votes for or against the proposed constitutional amendment in the special election are ineffective and that the referendum question is void ab initio (from the beginning). This ruling came after Republicans had already challenged the measure prior to Tuesday’s vote.
Key legal issues cited include that the amendment was taken up during a special legislative session to address the budget, which violated Virginia law without a two-thirds legislative vote.additionally, amendments must be approved in two separate votes with an election held between them, and early voting for the amendment had already begun.
Virginia GOP critics, including former Attorney General Ken Cuccinelli, argued that the state constitution requires districts to be contiguous and compact, and that the proposed maps violated these principles. The proposed map would place several districts starting in Democrat-leaning northern Virginia around Washington, D.C., and extend southward.
Reaction to the ruling included calls for appeal from Democrats. Virginia Attorney General Jay Jones said his office would appeal and contended that voters spoke, while the ruling was described by some supporters as sweeping. The article also features social-media commentary illustrating the polarized response to the decision.
A Virginia state court judge ruled Wednesday that the state’s redistricting referendum, passed the previous day, was legally flawed from its inception and therefore void.
Virginians voted on Tuesday, 51.5 percent to 48.5 percent, to allow the redrawing of the state’s congressional districts, taking the current party breakdown from a 6-5 split to a potential 10-1 party advantage.
Tazewell County Circuit Court Judge Jack Hurley issued an injunction late Wednesday, concluding, “Any and all votes for or against the proposed constitutional amendment in the April 21, 2026 special election are ineffective,” CNBC reported.
The judge said the referendum question was void “ab initio” — Latin for “from the beginning.”
There was already an active court challenge brought by Republicans before Tuesday’s election.
In January, a Tazewell County state court judge ruled against the Democrats’ redistricting plan, listing several issues with the effort. The Virginia Supreme Court ruled in March that the election could go forward, but not the underlying legal issues raised, the Associated Press reported.
“The court still has not ruled on whether the mid-decade redistricting amendment and referendum are legal, indicating that the scheduled April vote could be all for nothing if the top court upholds a lower court ruling blocking the effort,” the Associated Press said at the time.
One issue identified by Hurley is that the referendum seeks to change the congressional districts through a constitutional amendment, but the amendment was taken up during a special legislative session to address the budget, which was not allowed under Virginia law without a two-thirds vote of the legislature.
Additionally, the amendment must be approved by two separate votes of the legislature, with an election between the votes. Early voting in last fall’s election was already underway when the proposed amendment passed the legislature.
Former GOP Virginia Attorney General Ken Cuccinelli posted on social media on Wednesday, before the court’s latest ruling, that the Virginia Constitution also requires that “every electoral district shall be composed of contiguous and compact territory,” explaining the “proposed congressional maps violate this contiguity requirement (rather badly).”
The new map would create multiple districts that originate in Democrat-heavy northern Virginia around Washington, D.C., and extend south.
5 districts in Virginia now start in this circle…
Tentacles from DC reaching across the state. pic.twitter.com/Ek4InrNcxl
— Geiger Capital (@Geiger_Capital) April 22, 2026
Cuccinelli responded to Hurley’s Wednesday ruling, posting on X, “The Tazewell Circuit Court just ruled the referendum unconstitutional. The Judge entered an injunction blocking certification of the election & denied a motion to stay pending appeal. A final order will be entered once drafted, & it will be immediately appealed.”
He added in another post that the ruling is “sweeping.”
@TylerEnglander has a copy of the Tazewell (that’s “Tazz-wuhl” folks, not Taaze-well) Court order, below.
My one-word summary: “sweeping” https://t.co/KTC4hUMUxe
— Ken Cuccinelli II (@KenCuccinelli) April 22, 2026
Current Democrat Virginia Attorney General Jay Jones said his office will appeal, according to CNBC.
Attorney General Jay Jones s Statement on Republican National Committee v. Koski Tazewell County Circuit Court Injunction pic.twitter.com/jKpyZJ1ACr
— Attorney General Jay Jones (@AGJayJones) April 22, 2026
“As I said last night, Virginia voters have spoken, and an activist judge should not have veto power over the People’s vote,” the attorney general said. “We look forward to defending the outcome of last night’s election in court.”
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