KEN CUCCINELLI: Virginia voted yes, will the courts vote the same way?

On April 21, Virginia voters narrowly approved a referendum to fto the Democrat-controlled General Assembly redraw the state’s legislature map, replacing districts drawn by the bipartisan committee voters themselves created successful 2020 by a immense 2 to 1 margin. The borderline connected this week’s referendum was slim — astir 51.5 percent to 48.5 percent. But the vote, melodramatic arsenic it was, is not the last chapter. Three lawsuits, raising 4 chiseled (state) law challenges, are already successful courts. And the instauration that volition yet determine whether this referendum stands is not the United States Supreme Court. It is the Supreme Court of Virginia.

All of the challenges present are rooted wholly successful the Virginia Constitution — specifically, successful whether the General Assembly followed Virginia’s ain rules for amending its Constitution. This combat begins and ends successful Richmond.

The archetypal 2 challenges, already earlier the Virginia Supreme Court, onslaught the process by which the amendment received its archetypal transition connected October 31, 2025. Virginia’s Constitution, successful Article XII, Section 1, prescribes a circumstantial two-step process for amendments. A projected amendment indispensable archetypal walk some chambers of the General Assembly, past determination indispensable beryllium an intervening election. After that intervening election, and a 2nd transition astatine the consequent session, the amendment goes earlier voters.

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The challengers reason that 2 violations took spot regarding the archetypal transition of the amendment. The archetypal transition did not hap during a due league of the General Assembly. It took spot during a peculiar league primitively convened by then-Governor Youngkin successful 2024 to code a fund dispute. The "Yes" men reason that league was technically ne'er adjourned — it was kept unfastened for astir 2 years — and Democrats utilized it to walk the redistricting amendment. Opponents contend this exceeded the scope of the peculiar session’s call, which was constricted to fund matters. Expanding it to encompass a law amendment connected redistricting would person required a two-thirds ballot that ne'er occurred. A Tazewell County circuit justice agreed, declaring the enactment "void, ab initio" — void from the opening — nether Article IV, Section 6, and Article V, Section 5, of the Virginia Constitution.

The 2nd procedural situation goes to the bosom of Article XII’s timing requirements. Because archetypal transition occurred during the 2025 predetermination alternatively than earlier a wide election, challengers reason determination was nary intervening predetermination betwixt the archetypal and 2nd passages. The full constituent of the intervening-election request is to springiness voters a dependable — a accidental to measurement successful connected the legislators who volition formed the decisive 2nd vote. That antiauthoritarian safeguard, opponents say, was circumvented.

At the clip of archetypal transition connected October 31, 2025, implicit 1 cardinal Virginians had already voted successful the 2025 predetermination — the aforesaid predetermination the "Yes" men privation to legally dainty arsenic the required ‘intervening election.’

A 3rd situation was heard contiguous successful Tazewell County Circuit Court. It involves Article XII, Section 1’s mandate that a projected amendment whitethorn not beryllium submitted to voters "sooner than ninety days aft last transition by the General Assembly." The question is straightforward: did ninety days really elapse betwixt the 2nd transition and the commencement of voting connected the referendum? Challengers accidental it did not, and that this is not a technicality — it is simply a bright-line law requirement.

Second transition occurred connected January 19, 2026. Open voting successful Virginia’s 45-day predetermination began connected March 6, 2026. You bash the math. The past time to ballot was Tuesday, April 21st, truthful the "Yes" men volition reason that what counts is that 90 days elapsed betwixt 2nd transition and predetermination time — April 21st. The Judge successful Tazewell ruled contiguous that the 90-day request was not complied with, and so, arsenic of this writing, helium has enjoined the certification of the referendum. Like each different matters, this volition yet beryllium decided by the Virginia Supreme Court.

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The 4th situation takes purpose astatine the projected representation itself. In Richmond Circuit Court a proceeding was held connected Monday and a ruling is pending. Challengers reason that the projected legislature districts interruption Article II, Section 6, of the Virginia Constitution, which requires that "every electoral territory shall beryllium composed of contiguous and compact territory." The compactness situation is autarkic of the procedural claims—even if the amendment survives the Article XII challenges, the maps indispensable inactive walk law muster connected their ain terms. And these whitethorn beryllium the astir highly gerrymandered maps successful modern Virginia history.

So, what’s next? Based connected past Virginia precedent, the Virginia Supreme Court allowed the ballot to proceed but made wide it would instrumentality up the law questions afterward. Briefs person been filed oregon are owed shortly. The Tazewell and Richmond circuit tribunal rulings volition surely beryllium appealed, funneling everything upward to the aforesaid 7 justices successful Richmond.

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If the Virginia Supreme Court strikes down the amendment connected immoderate of the 3 procedural grounds, the referendum effect is nullified. The bipartisan commission’s maps would stay successful effect for 2026 and beyond. If the tribunal upholds the amendment process but strikes down the maps connected compactness grounds, the General Assembly would presumably request to gully new, little utmost maps. And if the tribunal upholds everything, the caller Democratic-drawn districts would reshape Virginia’s legislature delegation heading into the 2026 midterms.

Virginia’s Constitution has rules astir however it whitethorn beryllium changed, and those rules beryllium to forestall the benignant of rushed, utmost rewrite that occurred here. Now it is up to the Virginia Supreme Court to determine whether the process that produced this referendum honored those rules — oregon broke them. Stay tuned!

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