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NewsCBS News PoliticsMay 9, 2026United States

Virginia Supreme Court Voids Congressional Redistricting Referendum

The Virginia Supreme Court has invalidated a voter-approved redistricting referendum, ruling that the state legislature failed to follow the constitutional process for amending the state constitution. The court found that the legislature held a required vote on the amendment while the general election for the House of Delegates was already underway, violating the requirement for an intervening election.

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Why It Matters

The court's decision nullifies a proposed congressional map that would have altered district boundaries, meaning current district lines remain in effect for upcoming elections.

Key Facts

  • The Virginia Supreme Court ruled the congressional redistricting referendum null and void.
  • The court found the legislative process violated Article XII, Section 1 of the Constitution of Virginia.
  • The state failed to meet the 'intervening-election requirement' for constitutional amendments.
  • The General Assembly voted to propose the amendment on October 31, 2025, while the general election for the House of Delegates was already in progress.
  • Voting for the House of Delegates began on September 19, 2025, and ended on November 4, 2025.
  • Over 1.3 million Virginians (approximately 40% of voters) had already cast ballots before the General Assembly's final vote on the amendment.
  • The court ruled that the process deprived voters of the opportunity to elect the House of Delegates that would participate in the second legislative vote required for an amendment.
  • The invalidated map would have created 10 districts favorable to Democrats and one safe Republican seat.
  • Democratic leaders intend to file an emergency appeal to the U.S. Supreme Court.
  • Virginia's current House delegation consists of six Democrats and five Republicans.

Who's Mentioned

organizationVirginia Supreme Court“The court that issued the ruling invalidating the redistricting referendum.”otherScott v. McDougle“The legal case name.”personTim Kaine“U.S. Senator from Virginia.”personDon Scott“Democratic Speaker of the Virginia House of Delegates.”personRyan T. McDougle“Virginia Senate Republican Leader.”personDonald Trump“President of the United States.”personGavin Newsom“Governor of California.”