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Virginia Use of Legislative Congressional Redistricting Map Amendment (April 2026)

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Virginia Use of Legislative Congressional Redistricting Map Amendment

Flag of Virginia.png

Election date

April 21, 2026

Topic
Redistricting policy
Status

On the ballot

Type
Legislatively referred constitutional amendment 		Origin

State legislature


The Virginia Use of Legislative Congressional Redistricting Map Amendment has been blocked from appearing on the ballot. On January 16, 2026, the Virginia General Assembly certified the constitutional amendment. Legislation has been introduced to schedule a special election on the amendment on April 21, 2026.[1] On January 27, 2026, Circuit Court Judge Jack Hurley Jr. ruled that the General Assembly violated procedural requirements in 2025. The ruling blocked the amendment from being placed on the 2026 ballot.[2] On January 28, 2026, Virginia House Speaker Don Scott (D-88) and the other defendants filed an appeal in the case.[3] The Supreme Court will decide the appeal in the case.[4]

A "yes" vote supports allowing the state legislature to conduct congressional redistricting between January 1, 2025, and October 31, 2030.

A "no" vote opposes allowing the state legislature to conduct congressional redistricting between January 1, 2025, and October 31, 2030.


Overview

What would the constitutional amendment do?

See also: Text of measure

The constitutional amendment would allow the Virginia General Assembly to conduct congressional redistricting between the issuance of the federal census each decade if another state first participates in congressional redistricting.[5]

Because Texas, Missouri, and other states enacted new district maps in 2025, the amendment would allow the general assembly to conduct congressional redistricting before the next scheduled redistricting process, planned for 2031. The amendment specifies that such a redistricting measure would need to be completed between January 1, 2025, and October 31, 2030.[5]

What are the current rules for congressional redistricting in Virginia?

See also: Virginia Question 1, Redistricting Commission Amendment (2020)

The state constitution requires congressional redistricting every ten years after 2021. It requires that a 16-member redistricting commission create the new congressional and general assembly maps.

In 2020, Virginia voters approved Question 1, which transferred the authority for redrawing redistricting maps from the general assembly to the 16-member redistricting commission.

The redistricting commission is composed of eight citizens and eight legislators. The eight citizens are recommended by legislative leaders and selected by a committee of five retired circuit court judges. The legislators appointed to the redistricting commission are determined based on the political parties with the largest memberships in the general assembly. Assuming the two largest parties in Virginia are the Republican and Democratic parties, the commission would be composed of two Senate Democrats, two Senate Republicans, two House Democrats, and two House Republicans.

The constitutional amendment would not abolish this redistricting commission, but it would allow the general assembly to temporarily amend congressional maps between decades.

What is the process for putting this on the ballot?

See also: Path to the ballot

The process for placing a constitutional amendment on the ballot in Virginia spans two successive legislative sessions and an election:

  • First legislative session: Both the state Senate and the state House must pass the same version of the amendment with a simple majority (50% plus 1) vote.
  • Between legislative sessions: The clerk of every circuit court in the state must post for public inspection all proposed constitutional amendments at least three months before the next election of members of the House of Delegates.[6]
  • Second legislative session: Both the state Senate and the state House must pass the amendment, with no changes from the first session, with a simple majority (50% plus 1 ) vote. If it is passed, it is then placed on the ballot for voters to decide.
  • Election: Voters either approve or deny the constitutional amendment.

First legislative session

On October 29, 2025, the state House approved the constitutional amendment, titled House Joint Resolution 6007 (HJ 6007), in a vote of 51-42, with six members not voting.[7] On October 31, 2025, the state Senate approved HJ 6007 in a vote of 21-16, with three senators not voting.[7] Both votes were along party lines with Democrats voting for the amendment and Republicans voting against it. With the measure approved by the Virginia General Assembly, it was carried over to the 2026 legislative session for a second vote.

Between legislative sessions

On October 28, 2025, Attorney General Jason Miyares (R) issued an official advisory opinion on HJ 6007. He said HJ 6007 is unconstitutional for two reasons.[8]

First, Miyares said that because early voting for the November 4, 2025, election had already begun, placing the amendment on the 2026 ballot would violate the constitutional requirement that it be referred for a second legislative vote “at [the General Assembly’s] first regular session held after the next general election of members of the House of Delegates.”[8] Second, he said the bill was introduced too late for the circuit court clerks' three-month publication period before the general election.

In response, state Sen. Creigh Deeds (D-11) said, "Under the law it’s clear that Election Day is Election Day, the election occurs in November. There are going to be all sorts of theories thrown out in the next few weeks, and I would expect it to happen, but I’m confident that this will withstand scrutiny."[9] Jay Jones (D), a nominee for attorney general, said Miyares was "attempting to block a fair, legal process that would return power to Virginians."[10]

State Del. Terry Kilgore (R-45) agreed with Miyares' opinion, stating, "The current general election began on Sept. 19 and will conclude on Nov. 4 at 7 pm. The effort to ram through a constitutional amendment during an election flies in the face of Virginia’s constitutional and code-mandated public notice requirements."[10]

Democrats expanded their majority in the Virginia House of Delegates on November 4, 2025, gaining 13 seats. Twelve Republican incumbents lost in Virginia, tying 2017 for the most incumbents defeated since 2011. Heading into the 2025 elections, Democrats had a 51-49 majority in the House.

Second legislative session

The Virginia General Assembly convened for the 2026 legislative session on January 14, 2026.[11] On November 17, 2025, state Del. Rodney Willett (D-58) introduced House Joint Resolution 4 (HJ 4) to the general assembly in a prefile document. The text of HJ 4 was identical to House Joint Resolution 6007, the first version of the amendment introduced in 2025. On January 14, 2026, the state House approved HJ 4 in a vote of 62-33, with five members absent or not voting.[12] On January 16, 2026, the state Senate approved the amendment in a vote of 21-18.[12] Both votes were along party lines, with Democrats voting for the amendment and Republicans voting against it.

Election

Virginia law mandates the timing and scheduling of special elections. The Virginia Constitution gives the general assembly the authority to schedule a special election for a referred ballot measure.

On January 21, 2026, state Del. Luke Torian (D-24) introduced House Bill 1384 (HB 1384), which would schedule a special election on the amendment on April 21, 2026.[1] On January 26, 2026, the state House voted to approve the bill in a vote of 61-34. The vote was along party lines, with Democrats voting for the amendment and Republicans voting against it. Three Democrats and two Republicans did not vote on the measure.

The filing deadline for congressional candidates in Virginia is April 2.[13] If the constitutional amendment is to be passed and new maps are to be created and enacted for the 2026 congressional election, the filing deadline would need to be postponed.

On January 27, 2026, Judge Jack Hurley issued a ruling stating that the constitutional amendment could not be placed on the 2026 ballot because it was introduced to the Virginia General Assembly in a way contrary to state law.[2] House Speaker Don Scott (R) appealed the case; the Virginia Supreme Court will issue a decision in the appeal.[4]

Text of measure

Ballot title

As of January 23, 2026, legislation had been introduced to the state House of Delegates with a proposed version of the ballot question:[1]

“ Should the Constitution of Virginia be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring Virginia's standard redistricting process resumes for all future redistricting after the 2030 census?[14] ”

Constitutional changes

See also: Article II, Virginia Constitution

The ballot measure would amend Section 6 of Article II of the Virginia Constitution. The following underlined text would be added and struck-through text would be deleted:[5]

Note: Hover over the text and scroll to see the full text.

Members of the House of Representatives of the United States and members of the Senate and of the House of Delegates of the General Assembly shall be elected from electoral districts established pursuant to this section and Section 6-A of this Constitution. Every electoral district shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. Every electoral district shall be drawn in accordance with the requirements of federal and state laws that address racial and ethnic fairness, including the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States and provisions of the Voting Rights Act of 1965, as amended, and judicial decisions interpreting such laws. Districts shall provide, where practicable, opportunities for racial and ethnic communities to elect candidates of their choice.

The Commonwealth shall be reapportioned into electoral districts in accordance with this section and Section 6-A in the year 2021 and every ten years thereafter, except that the General Assembly shall be authorized to modify one or more congressional districts at any point following the adoption of a decennial reapportionment law, but prior to the next decennial census, in the event that any State of the United States of America conducts a redistricting of such state's congressional districts at any point following that state's adoption of a decennial reapportionment law for any purpose other than (i) the completion of the state's decennial redistricting in response to a federal census and reapportionment mandated by the Constitution of the United States and established in federal law or (ii) as ordered by any state or federal court to remedy an unlawful or unconstitutional district map.

Any such decennial reapportionment law, or reapportionment law modifying one or more congressional districts, shall take effect immediately and not be subject to the limitations contained in Article IV, Section 13, of this Constitution.

The districts delineated in the decennial any reapportionment law shall be implemented for the November general election for the United States House of Representatives, Senate, or House of Delegates, respectively, that is held immediately prior to the expiration of the term being served in the year that the reapportionment law is required to be enacted. A member in office at the time that a decennial redistricting law is enacted shall complete his term of office and shall continue to represent the district from which he was elected for the duration of such term of office so long as he does not move his residence from the district from which he was elected. Any vacancy occurring during such term shall be filled from the same district that elected the member whose vacancy is being filled.

SCHEDULE

Section 6. Application and duration of certain redistricting amendments.

The authorization in Article II, Section 6 authorizing the General Assembly to modify one or more congressional districts at any point following adoption of a decennial reapportionment law in the event that any State of the United States of America conducts a redistricting of such state's congressional districts at any point following that state's adoption of a decennial reapportionment law shall be limited to making such modifications between January 1, 2025, and October 31, 2030, in response to actions taken by another state between January 1, 2025, and October 31, 2030.[14]

Support

Virginiansforfairelections.png

Virginians for Fair Elections is leading the campaign in support of the constitutional amendment.[15]

Supporters

Officials

Organizations

Arguments

  • State Del. Marcia Price (D-85): "The actions that Texas and Missouri and North Carolina have taken have triggered this. The trigger has already been pulled when it comes to attacks on our democracy. So that’s why Virginia is here. We are going to do our job to protect democracy in Virginia."
  • State Del. Rodney Willet (D-58): "Maybe the most important point to make here is what the resolution is not going to do, which is to abolish the commission that was created through the earlier constitutional amendment. This is to create, again, not a mandate, but an option, in the interim, in between those decennial redistrictings to do something when there’s an extraordinary circumstance."
  • State Sen. Aaron Rouse (D-22): "This amendment is a temporary, a temporary, emergency exception that gives Virginians a crucial voice and meets the needs of the current moment while ensuring that Virignia’s bipartisan redistricting process will resume after the 2030 Census."
  • Virginians for Fair Elections: "Free and fair elections are the cornerstone of our democracy. Right now though, they’re under attack. With so many states trying to stack the deck and rig the upcoming congressional elections, Virginia has a chance to level the playing field and restore fairness."


Opposition

VFM Logo Final FullVersion-scaled-e1762973997608-768x401.png

Virginians for Fair Maps is leading the campaign in opposition to the constitutional amendment.[16]

Opponents

Officials

Candidates

Former Officials

Organizations

  • The Family Foundation of Virginia

Arguments

  • State Sen. Chris Head (R-3): "[The measure] is a dumb thing to be doing. The citizens of the commonwealth voted overwhelmingly in a presidential election year referendum — 66.1% voted to eliminate the ability to do exactly what they are trying to do, and people should be outraged at this overreach power grab that they turn out to vote in droves to vote every one of these rascals out."
  • U.S. Rep. Morgan Griffith (R-9): "To conflate and say ‘We ought to be like Texas’ or ‘We ought to be like California’ is just wrong. We’re Virginians and we ought to be proud to be Virginians and the Virginia voter, not the California voter, not the Texas voter, the Virginia voter said they wanted a nonpartisan process."
  • State Del. Terry Kilgore (R-45): "Is it worth it, to throw out the ‘Virginia way’ here, just because of what’s going on in other states? This is not the way we need to be going."
  • U.S. Rep. Jennifer Kiggans (R-2): "This is a blatant power grab by the Democrat majority that would permanently diminish conservative representation in Virginia’s congressional delegation. Their plan paves the way for new maps that could result in 10 Democrats and just 1 Republican representing the Commonwealth in the U.S. House. The effort to turn Virginia into California or Minnesota is underway."


Campaign finance

See also: Ballot measure campaign finance, 2026
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 15, 2026. The deadline for the next scheduled reports is April 15, 2026.


The National Democratic Redistricting Committee registered as the committee in support of the measure.[17] As of January 15, 2026, no committees had registered in opposition to the measure.[18]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $550,200.00 $0.00 $550,200.00 $510,915.42 $510,915.42
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $550,200.00 $0.00 $550,200.00 $510,915.42 $510,915.42

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[18]

Committees in support of Use of Legislative Congressional Redistricting Map Amendment
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
National Democratic Redistricting Committee $550,200.00 $0.00 $550,200.00 $510,915.42 $510,915.42
Total $550,200.00 $0.00 $550,200.00 $510,915.42 $510,915.42

Donors

The following was the top donor who contributed to the support committees.[18]

Donor Cash Contributions In-Kind Contributions Total Contributions
National Democratic Redistricting Committee $550,200.00 $0.00 $550,200.00


Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls and 2026 ballot measure polls
Virginia Use of Legislative Congressional Redistricting Map Amendment (2026)
PollDatesSample sizeMargin of errorSupportOpposeUndecided
The Wason Center
Question

"As you may know, a constitutional amendment is being considered by the General Assembly to temporarily change when Virginia's congressional districts can be redrawn. This amendment is being considered in response to other states that are redrawing districts outside of the normal 10-year census cycle, and would allow the General Assembly to redraw congressional maps between 2026 and 2030. If passed, the proposed amendment would go on the statewide ballot for voters to ultimately decide. Would you support or oppose this redistricting constitutional amendment? And, would you say you strongly support/oppose or just support or oppose?"

–
807 RV
± 4.40%
51.0%43.0%7.0%
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Redistricting efforts between 2024 and 2026

See also: Redistricting ahead of the 2026 elections

As of February 2026, six states had congressional district maps that were subject to change before the 2026 elections, and six states—California, Missouri, North Carolina, Ohio, Texas, and Utah—had new congressional maps. Three states were reportedly exploring voluntary redistricting, and three states had congressional maps that were subject to change due to litigation. Before 2025, only two states had conducted voluntary mid-decade redistricting since 1970.[19]

The map below shows redistricting activity between the 2024 and 2026 elections.

The table below shows redistricting activity between the 2024 and 2026 elections as well as the pre-redistricting U.S. House delegation in each state.

Status of congressional redistricting ahead of the 2026 elections
StateReason for redistrictingStatusMethod of redistrictingU.S. House delegation before redistrictingPotential result of new maps
New map enacted
CaliforniaVoluntary redistrictingVoters approved the use of a new map on Nov. 4, 2025.Commission43 D - 9 R+5 D
MissouriVoluntary redistrictingGov. Mike Kehoe (R) signed new map into law on Sept. 28, 2025.Legislature-dominant6 R - 2 D+1 R
North CarolinaVoluntary redistrictingLegislature passed new map into law on Oct. 22, 2025Legislature-dominant10 R - 4 D+1 R
OhioRequired by law to redistrictRedistricting commission approved a new map on Oct. 31, 2025Legislature-dominant10 R -5 D+2 R
TexasVoluntary redistrictingU.S. Supreme Court ruled the new Texas map could be used in 2026Legislature-dominant25 R -12 D with 1 vacancy+5 R
UtahChanged due to litigationCourt approved new plaintiff-submitted mapLegislature-dominant4 R - 0 D+1 D
Net+3 R
New map possible
FloridaVoluntary redistrictingSpecial session to occur April 2026Legislature-dominant20 R - 8 D-
GeorgiaSubject to change due to litigationLitigation ongoingLegislature-dominant9 R - 5 D-
LouisianaSubject to change due to litigationLitigation ongoingLegislature-dominant4 R - 2 D-
MarylandVoluntary redistrictingHouse approved new mapLegislature-dominant7 D - 1 R-
New YorkSubject to change due to litigationLitigation ongoingHybrid19 D - 7 R-
VirginiaVoluntary redistrictingLitigation ongoing over constitutional amendment to allow redistrictingHybrid6 D - 5 R-

Virginia congressional districts, 2026

See also: United States congressional delegations from Virginia

As of 2026, Virginia has 11 congressional districts, with voters within each district electing a member of the U.S. House of Representatives.

The Virginia Supreme Court unanimously approved the existing congressional maps for the state on December 28, 2021.[20] The Virginia Redistricting Commission released a statewide congressional map proposal on October 14, 2021, and another on October 15, 2021.[21] After the commission missed its deadline for approving map proposals and the Virginia Supreme Court assumed authority over the process, the two special masters selected by the court released proposals for congressional districts on December 8, 2021.[22]

Click here for more information about the congressional maps enacted in Virginia after the 2020 census.


Virginia Question 1, Redistricting Commission Amendment (2020)

Question 1 transferred the power to draw both congressional and general assembly districts to a 16-member redistricting commission composed of eight legislators and eight citizens.[23][24]

Leaders of the legislature's two-largest political parties were to select members to serve on the commission. Using the membership in 2020 as an example, the commission's legislative members would have included two Senate Democrats, two Senate Republicans, two House Democrats, and two House Republicans. The commission's eight citizen members were to be recommended by legislative leaders and selected by a committee of five retired circuit court judges. Commissioners were to select one of the eight citizens to serve as chairperson of the redistricting commission.[23][24]

Question 1 was designed to require the following votes by the redistricting commission to pass district maps:[23][24]

  • Congressional: Approval by 12 commissioners, including 6 of 8 legislators and 6 of 8 citizens.
  • Virginia State Senate: Approval by 12 commissioners, including 6 of 8 legislators (with the support of 3 of 4 senators) and 6 of 8 citizens.
  • Virginia House of Delegates: Approval by 12 commissioners, including 6 of 8 legislators (with the support of 3 of 4 delegates) and 6 of 8 citizens.

The redistricting commission's maps were to be filed with the General Assembly, which would vote to pass the maps into law or reject them. The General Assembly was prohibited from amending the maps. If the General Assembly rejected a map, the redistricting commission was to design a new map. If the map was rejected again, the Virginia Supreme Court was to establish the districts.[23][24]

Question 1 established two criteria that the commission would use to draw districts:

  1. districts need to be drawn in accordance with "the requirements of federal and state laws that address racial and ethnic fairness," including the Equal Protection Clause of the Fourteenth Amendment and provisions of the Voting Rights Act, and
  2. districts need to "provide, where practicable, opportunities for racial and ethnic communities to elect candidates of their choice."

During the 2020 legislative session, the Virginia General Assembly passed bills that established criteria and standards in state code. The legislation included the following nine criteria: (1) proportional population; (2) adhering to federal and state requirements; (3) no denial or abridgment of the rights of citizens to vote, participate in the political process, or elect representatives of their choice on the basis of race, color, or language group; (4) providing racial and language minorities with equal opportunity to participate in the political process and not diluting or diminishing their ability to elect candidates of their choice; (5) preserving communities of interest; (6) contiguous territory; (7) compact territory; (8) does not unduly favor or disfavor any political party; and (9) population used in redistricting to be adjusted for incarcerated persons, counting them at their address at the time of incarceration.[25][26]

Path to the ballot

Amending the Virginia Constitution

See also: Amending the Virginia Constitution

A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

House Joint Resolution 6007 (2025)

Below is a timeline of the bill in the general assembly:[7]

  • October 23, 2025: Virginia House Speaker Don Scott (D-88) announced that lawmakers would meet on October 27 for a special session of the legislature, under the 2024 special legislative session.[27]
  • October 27, 2025: The Virginia General Assembly convened in a special session.[28] The House of Delegates adopted House Joint Resolution 6006 which allowed the legislature to consider a constitutional amendment about mid-decade redistricting.[29] Members of the House of Delegates approved the bill in a vote of 50-42.[29]
  • October 28, 2025: State Del. Rodney Willett (D-58) introduced House Joint Resolution 6007 (HJ 6007) to the general assembly. The House Privileges and Elections Committee voted 'yes' on the amendment in a vote of 12-9.
  • October 29, 2025: The state House approved the amendment in a vote of 51-42, with six members not voting. Fifty-one Democrats voted yes and 42 Republicans voted no; six Republicans did not vote. The Senate Privileges and Elections Committee voted 'yes' on the amendment in a vote of 8-6.
  • October 31, 2025: The state Senate approved the amendment in a vote of 21-16, with three senators not voting. Twenty-one Democrats voted yes and 16 Republicans voted no; three Republicans did not vote.


Virginia House of Delegates
Voted on October 29, 2025
Votes Required to Pass: 51
YesNoNV
Total51426
Total %52.5%42.4%6.1%
Democratic (D)5100
Republican (R)0426
Virginia State Senate
Voted on October 31, 2025
Votes Required to Pass: 21
YesNoNV
Total21163
Total %52.5%40.0%7.5%
Democratic (D)2100
Republican (R)0163

Virginia House of Delegates elections, 2025

See also: Virginia House of Delegates elections, 2025

Democrats expanded their majority in the Virginia House of Delegates on November 4, 2025, gaining 13 seats. Twelve Republican incumbents lost in Virginia, tying 2017 for the most incumbents defeated since 2011. Heading into the 2025 elections, Democrats had a 51-49 majority in the House.

House Joint Resolution 4 (2026)

Below is a timeline of the bill in the general assembly:[12]

  • November 17, 2025: State Del. Rodney Willett (D-58) introduced House Joint Resolution 4 (HJ 4) to the general assembly in a prefile document.
  • January 14, 2026: The House Privileges and Elections Committee voted 'yes' on the amendment in a vote of 15-7. The state House approved HJ 4 in a vote of 62-33, with five members absent or not voting. Sixty-two Democrats voted yes and 33 Republicans voted no; two Democrats and three Republicans were absent or otherwise did not vote. Additionally, the Senate Privileges and Elections Committee voted 'yes' on the amendment in a vote of 8-5.
  • January 16, 2026: The state Senate approved the amendment in a vote of 21-18. Twenty-one Democrats voted yes, and 18 Republicans voted no; one Republican did not vote.


Partisan Direction Index = -100.0% (Democratic)
Democratic Support
100.0%
Republican Support
0.0%
How does this vote compare to other legislative ballot measures in 2026?
Learn more about the ballot measures PDI →
Virginia House of Delegates
Voted on January 14, 2026
Votes Required to Pass: 51
YesNoNV
Total62335
Total %62.0%33.0%5.0%
Democratic (D)6202
Republican (R)0333
Virginia State Senate
Voted on January 16, 2026
Votes Required to Pass: 21
YesNoNV
Total21181
Total %52.5%45.0%2.5%
Democratic (D)2100
Republican (R)0181

Litigation

Ryan T. McDougle, et al. v. G. Paul Nardo et al.

Ryan T. McDougle, et al. v. G. Paul Nardo et al.
Appealed to the Virginia Supreme Court on February 4, 2026
Court Information
Issue Did the speaker of the house have the authority to convene or expand the scope of the 2024 special legislative session to introduce the constitutional amendment?
Court Circuit Court of Tazwell County
Ruling
Ruling Judge Jack Hurley issued a ruling stating that the constitutional amendment could not be placed on the 2026 ballot because it was introduced to the Virginia General Assembly in a way contrary to state law.
Order(s) Order: Circuit Court of Tazwell County (January 27, 2026)
Order: Circuit Court of Tazwell County (January 13, 2026)
Order: Circuit Court of Tazwell County (October 29, 2025)
Participants
Plaintiff(s) State Sen. Ryan T. McDougle (R-26)
Defendant(s) G. Paul Nardo, Clerk of the House of Delegates and Speaker of the House Don Scott (D-88)

On October 28, 2025, a group of Virginia Republicans filed a complaint with the Virginia Circuit Court (Tazewell County), claiming the Speaker of the House did not have the authority to convene or expand the scope of the special legislative session. State Sen. Ryan McDougle (R-26), state Sen. William Stanley (R-7), House Minority Leader Terry Kilgore (R-45), and Virginia Trost-Thornton, a member of the 2020 redistricting commission, filed the lawsuit.[30] On October 29, the Virginia Circuit Court denied the complaint and declined to issue a restraining order to stop the special session of the General Assembly. The Virginia Speaker of the House and the President Pro Tempore filed to intervene as defendants in the lawsuit.[30]

On January 6, 2026, the plaintiffs filed a motion for a temporary restraining order that would block the constitutional amendment from being introduced to the general assembly on January 14.[30] On January 13, the court denied the plaintiff's request for a temporary restraining order.[31] Judge Jack Hurley stated in his ruling that the court's role in the process of amending the constitution is "limited to scrutinizing the Constitutionality of any action of the Legislature is at the conclusion of the act, not in the process thereof."[31]

On January 27, Judge Jack Hurley issued a ruling stating that the constitutional amendment could not be placed on the 2026 ballot because it was introduced to the Virginia General Assembly in a way contrary to state law.[2]

Below are the Plaintiff's arguments for the invalidity of the constitutional amendment:

  1. The 2024 special legislative session ended when the 2025 regular session ended. If not, the 2024 special legislative session ended when the budget was passed.
  2. The General Assembly failed to follow its own rules for the 2024 special legislative session (HJ 6001) by amending the permitted bills for the session to include a constitutional amendment.
  3. The constitution was violated because the constitutional amendment was approved on October 31, 2025, 43 days after early voting began in the 2025 general election. The state constitution requires that any potential constitutional amendments, and the vote totals for the amendments, must be recorded before the next general election of members of the state House.
  4. The publication requirement, specifically that a proposed constitutional amendment be published by the clerk of the House of Delegates three months prior to a general election of the House of Delegates, was not met.

Below are Judge Jack Hurley's rulings organized based on the plaintiff's arguments:

  1. Plaintiffs did not submit a constitutional or statutory prohibition of continuing the special election through October 31, 2025. Thus, the special session was valid on October 31, 2025, when the constitutional amendment was passed.
  2. Expanding the scope of the special legislative session was an "invalid expansion of the General Assembly's own call to the Governor for the 2024 Special Session, and the Court ORDERS that any such action is void."
  3. There has not been a complete general election of the House of Delegates since the passage of the constitutional amendment in the 2024 special legislative session. As such, the earliest the measure could be on the ballot would be in 2027.
  4. The requirement was not met, and thus, the January 16, 2026, vote on the constitutional amendment does not qualify as the second approval of the constitutional amendment required to place the measure on the ballot.

On January 28, 2026, Virginia House Speaker Don Scott (D-88) and the other defendants filed an appeal in the case.[3] On February 4, 2026, the Circuit Court of Appeals stated that the case was of “such imperative public importance as to justify the deviation from normal appellate practice and to require prompt decision in the Supreme Court.”[4] The Virginia Supreme Court will hear the appeal.

Reactions

Virginians for Fair Elections Campaign Manager Keren Charles Dongo made a statement on Judge Hurley's ruling. He said, "This is a clear attempt to confuse voters and block them from having a say. Republicans court-shopped for a ruling because litigation and misinformation are the only tools they have left."[32]

The House of Delegates and state Senate leaders released a joint statement after Hurley's ruling was published. They said, "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. This was court shopping, plain and simple.”[32]

State Sen. Bill Stanley (R-7), one of the plaintiffs in the case, said Hurley's ruling was due to Democratic legislators failing to follow procedures. He said, "The end result is right for Virginia and Virginians so that we don’t have this haphazard political gerrymandering attempt forced down the voters throats without having a full debate in our communities as to whether such constitutional provision should be passed or not."[32]

State Sen. Ryan McDougle (R-26), state Del. Terry Kilgore (D-45), and Honorary Co-Chair of Virginians for Fair Maps Eric Cantor also released a statement after the ruling was published. They said, "The court rightly declared those actions void from the start. If they continue to move forward with the unconstitutional amendment process, the Democrats would be defying the order of the court."[33]

Christalyn M. Jett et al. v. G. Paul Nardo et al.

  • October 31, 2025: Jett and two other circuit court clerks issued a complaint against Nardo and other leaders of the General Assembly, stating that the legislature acted outside its authority when it extended the 2024 special legislative session to allow consideration of a constitutional amendment.[34]
  • November 3, 2025: Judge Tracy Thorne-Begland denied the request for a temporary restraining order. The ruling stated that the state court did not have the ability to interfere and stop the proceedings of amending the constitution.[35]
  • November 6, 2025: The plaintiffs filed a motion to drop the lawsuit.[34]

External links

How to cast a vote

See also: Voting in Virginia

See below to learn more about current voter registration rules, identification requirements, and poll times in Virginia.

How to vote in Virginia


See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Virginia.

Virginia ballot measures

Explore Virginia's ballot measure history, including constitutional amendments.

Legislative process

Understand how measures are placed on the ballot and the rules that apply.

Footnotes

  1. ↑ 1.0 1.1 1.2 Virginia State Legislative Information System, "House Bill 1384 Overview," accessed January 22, 2026
  2. ↑ 2.0 2.1 2.2 NPR, "McDougle V. Nardo January 27," accessed January 27, 2026
  3. ↑ 3.0 3.1 Democracy Docket, "‘The product of court-shopping’: Virginia Democrats appeal judge’s order halting redistricting effort," accessed January 29, 2026
  4. ↑ 4.0 4.1 4.2 Politico, "Virginia Supreme Court will hear redistricting challenge," accessed February 4, 2026
  5. ↑ 5.0 5.1 5.2 Virginia State Legislative Information System, "Text of House Joint Resolution 6007," accessed October 28, 2025
  6. ↑ Virginia Legislative Information System, "Code of Virginia, title 30, Chapter 1, Section 13," accessed October 29, 2025
  7. ↑ 7.0 7.1 7.2 Virginia State Legislative Information System, "Overview of House Joint Resolution 6007," accessed October 28, 2025
  8. ↑ 8.0 8.1 Office of the Attorney General Virginia, "Letter from Attorney General Miyares to State Delegate Terry Kilgore," accessed October 28, 2025
  9. ↑ Cardinal News, "Proposed constitutional amendment would bypass redistricting commission if other states redraw their lines, which they have," accessed October 29, 2025
  10. ↑ 10.0 10.1 Maryland Matters, "Va. Democrats roll out redistricting amendment to counter GOP map changes in other states," accessed October 29, 2025
  11. ↑ Commonwealth of Virginia Division of Legislative Services, "2026 Session Prefiling Schedule," accessed October 29, 2025
  12. ↑ 12.0 12.1 12.2 Virginia State Legislative Information System, "Overview of House Joint Resolution 4," accessed January 15, 2026
  13. ↑ National Conference of State Legislatures, "2026 Candidate Filing Deadlines," accessed October 29, 2025
  14. ↑ 14.0 14.1 14.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  15. ↑ Virginians For Fair Elections, "Homepage," accessed January 15, 2026
  16. ↑ Virginians for Fair Maps, "Homepage," accessed January 22, 2026
  17. ↑ Virginia State Board of Elections, "National Democratic Redistricting Committee - VA Scheduled Reports," accessed January 20, 2026
  18. ↑ 18.0 18.1 18.2 Virginia State Board of Elections, "Campaign Finance Reports," accessed January 20, 2026
  19. ↑ Pew Research Center, "Redistricting between censuses has been rare in the modern era," August 28, 2025
  20. ↑ 13News Now, "Virginia has new voting maps after redistricting process finishes," December 30, 2021
  21. ↑ Virginia Redistricting, "Congressional," accessed October 19, 2021
  22. ↑ Associated Press, "Proposed congressional maps give Dems an edge in Virginia," December 9, 2021
  23. ↑ 23.0 23.1 23.2 23.3 Virginia General Assembly, "House Joint Resolution 615," accessed February 25, 2019
  24. ↑ 24.0 24.1 24.2 24.3 Virginia General Assembly, "Senate Joint Resolution 306," accessed February 3, 2019
  25. ↑ Virginia General Assembly, "House Bill 1255," accessed May 21, 2020
  26. ↑ Virginia General Assembly, "Senate Bill 7171," accessed May 21, 2020
  27. ↑ Virginia Mercury, "House Speaker calls Virginia lawmakers back to Richmond as possible redistricting fight brews," accessed October 28, 2025
  28. ↑ Loudon Now, "General Assembly Opens Special Session to Consider Redistricting Amendment," accessed October 28, 2025
  29. ↑ 29.0 29.1 Virginia State Legislative Information System, "Overview of House Joint Resolution 6006," accessed October 28, 2025
  30. ↑ 30.0 30.1 30.2 Democracy Docket, "Virginia Congressional Redistricting Challenge," accessed October 29, 2025
  31. ↑ 31.0 31.1 Mahomet Daily, "Virginia Judge Denies Republican Effort to Block Congressional Redistricting Amendment," accessed January 14, 2026
  32. ↑ 32.0 32.1 32.2 Cardinal News, "Virginia’s congressional redistricting effort on hold after Tazewell court ruling," accessed January 27, 2026
  33. ↑ X, "Update from Brandon Jarvis," accessed January 27, 2026
  34. ↑ 34.0 34.1 Democracy Docket, "Virginia Congressional Redistricting Challenge (Jett)," accessed November 3, 2025
  35. ↑ Democracy Docket, "Christalyn M. Jett et al. v. G. Paul Nardo et al. Order," accessed January 14, 2025
  36. ↑ Virginia Department of Elections, "Election and Voter FAQ," accessed December 23, 2025
  37. ↑ 37.0 37.1 37.2 37.3 Virginia Department of Elections, "How to Register," accessed December 23, 2025
  38. ↑ 38.0 38.1 Virginia Department of Elections, "Same-Day Voter Registration," accessed December 23, 2025
  39. ↑ Office of the Governor of Virginia, "Governor Northam Signs Sweeping New Laws to Expand Access to Voting," April 12, 2020
  40. ↑ Virginia Department of Elections, "Virginia Voter Registration Application," accessed December 23, 2025
  41. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  42. ↑ Virginia Department of Elections, "Voting on Election Day," accessed December 23, 2025
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