The Patriot Post® · Virginia Dems' Redistricting Gambit Thwarted
In their mad dash to counter Republican-led states like Texas’s redrawing of congressional district maps, Democrats in Virginia rushed through a provision to amend the commonwealth’s constitution, giving them the power to redraw Virginia’s district map. Their aim was to flip four or more House seats to Democrats.
With Democrats successfully sweeping back into power in the governor’s mansion and retaining majority control of the legislature, they quickly got to work on a radical left-wing agenda. That included passing the redistricting amendment again (as required by Virginia law) and setting the special election for April 21 to put the measure before the voters.
Momentum was on the Democrats’ side — that is, until a judge in rural Tazewell County threw a wrench into their bluefication strategy. Circuit Court Judge Jack Hurley Jr. blocked the Democrats’ redistricting effort from moving forward because the legislature failed “to follow their own rules and resolutions.”
Hurley wrote:
Therefore, the court FINDS that following the October 31, 2025 vote and passage of House Joint Resolution 6007, there has not been an ensuing general election of the House of Delegates, and such ensuing general election cannot occur until 2027.
Thus, the action of the General Assembly during its Regular Session 2026 CANNOT meet the second passage required of Article XII, Section 1 of the Virginia Constitution, which second passage must occur before the same can be submitted to the voters of Virginia for adoption.
Virginia House of Delegates Speaker Don Scott, a Democrat, responded, “We will appeal immediately, and we expect to prevail. Voters — not politicians — will have the final say.”
While the Democrats will indeed appeal the decision, their success is not nearly as assured as Scott proclaims. Based on Hurley’s ruling, the legislature’s passage of the initial amendment resolution last year, over a month after the state’s early voting had commenced, further lends credence to the plaintiff’s objection.
However, even if Democrats prevail on appeal, the time frame for them to get the redistricting amendment before voters by the May 1 deadline for the start of primaries may be nearly impossible.
The plaintiffs, Virginia’s Republican legislative leaders — Delegate Terry Kilgore, Senator Ryan McDougle, and former U.S. Representative Eric Cantor — celebrated Hurley’s decision, calling it a “decisive victory for the rule of law.” They added, “The court confirmed that Democrat legislative leaders unlawfully expanded a Special Session, violated their own rules, and attempted to force through a redistricting constitutional amendment while Virginians were already voting.”
Former Virginia Attorney General Ken Cuccinelli observed, “The next intervening election likely can’t happen until 2027, so the earliest this can go to the ballot is 2028. Do they really want this fought out on a presidential year ballot?”
This may prove to be a significant win for Republicans and could even be a pivotal factor in Republicans maintaining a House majority.
It’s good to see Democrats who have sought to change and abuse the rules finally get checked. Passing a constitutional amendment should not be an easy or simple task. The Virginia Democrats’ attempt to game the system in a blatant power grab has been stopped for now.