The court ruled 4-3 that the state's Democratic-led legislature violated procedural requirements when it placed the constitutional amendment on the ballot to authorize the mid-decade redistricting. Voters narrowly approved the amendment April 21, but the court's ruling renders the results of that vote meaningless.
Writing for the majority, Justice D. Arthur Kelsey wrote that the legislature submitted the proposed constitutional amendment to voters “in an unprecedented manner.”
“This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void," he wrote.
Virginia currently is represented in the U.S. House by six Democrats and five Republicans who were elected from districts imposed by a court after a bipartisan redistricting commission failed to agree on a map after the 2020 census. The new districts could have given Democrats an improved chance to win all but one of the state's 11 congressional seats.
What was in Democrats' map
Under the Demcoratic-drawn map, five districts would have been anchored in the Democratic stronghold of northern Virginia, including one stretching out like a lobster to consume Republican-leaning rural areas. Revisions to four other districts across Richmond, southern Virginia and Hampton Roads would have diluted the voting power of conservative blocs in those areas. And a reshaped district in parts of western Virginia would have lumped together three Democratic-leaning college towns to offset other Republican voters.
The case before the court focused not on the shape of the new districts but rather on the process the General Assembly used to authorize them.
Because the state’s redistricting commission was established by a voter-approved constitutional amendment, lawmakers had to propose an amendment to redraw the districts. That required approval of a resolution in two separate legislative sessions, with a state election sandwiched in between, to place the amendment on the ballot.
The legislature’s initial approval of the amendment occurred last October — while early voting was underway but before it concluded on the day of the general election. The legislature’s second vote on the amendment occurred after a new legislative session began in January. Lawmakers also approved a separate bill in February laying out the new districts, subject to voter approval of the constitutional amendment.
The arguments over the amendment
Judicial arguments focused on whether the legislature’s initial approval of the amendment came too late, because early voting already had begun for the 2025 general election.
Attorney Matthew Seligman, who defended the legislature, argued that the “election” should be defined narrowly to mean the Tuesday of the general election. In that case, the legislature’s first vote on the redistricting amendment occurred before the election and was constitutional, he told judges.
An attorney for the plaintiffs, Thomas McCarthy, argued that an “election” should be interpreted to cover the entire period during which people can cast ballots, which lasts several weeks in Virginia. If that’s the case, he told justices, then the legislature’s initial endorsement of the redistricting amendment came too late to comply with the state constitution.
